Condo Association Management Blog

You have a big issue that involves an antire community. You would be better off consulting with an attorney who specializes in construction defects in your area.

Not knowing your state makes it a little difficult to answer completely. If you go through with a suit, it should be presented in such a way that an insurance carrier or surety will defend the developer. They will have deeper pockets than the builder. In many states, the right of recourse for the sidewalks and pavement is though the subdivision bond (depending if it is a township maintained road)and that is something that you would pressure your township in persuing. The bond company will get involved and force the builder to take corrective action. Regarding decks, you will have to show that the failure of the decks has caused property damage in order to find coverage under an insurance policy. Are you in a state that requires a home warranty? Is there a home warranty? Complicating matters even more, many states have ruled that construction defect claims are not insurance claims (PA. Gambone vs. Millers capital). In either case, if you retain an attorney, you should make absolutely sure that you are retaining an attorney that is well versed in construction defect claims. Expect the litigation to be expensive!!! Weigh the risk of not getting a full settlement vs. the cost of litigation.

http://www.bizjournals.com/denver/stories/2009/03/09/daily46.html 
 
 
 
http://www.bizjournals.com/denver/stories/2010/01/18/daily5.html  
 
 
 
As suggested, contact an attorney. In the case cited above, the condo owners won. But while it was being decided homes could not be sold.

Did you have a transition study prepared by a third party? Often times, some of these concerns can be caught before transition occurs and be remedied as quickly as possible. At this point, I would agree that the best course of action is to bring on an Attorney who may seek an outside opinion from a qualified expert witness. 
 
Good luck and let us know if we can help!

I would really like to know with all the rules and regs and the state condo law, By-laws and whatever an association goes by, Just where is the rights of the owners in all of this when something major happens to the property that the association is suppose to fix and abide by? Please someone help me understand that if as a unit holder where is my rght to have an attorney presented to me at the cost of the association. Hell why should I have to get legal council and fight these little corrupt boad members and or management serices on my dime? I have read and reread all of the documents and I find nothing that really gives the home owners the advanatage. Condo assoc all over the U.S. are suffering and I want to know where we can get help to correct this. 
 
Majors like parking lots and sidewalks are the responsibility of the assoc and or the builders, so why can't they just step up to te plate and pay up. Why shoul we as owners have to fight a war that last up to 2 plus years to settle? It is our money invested and without our money they can't fix things. The law needs to be stiffer on deadbeat owners and assoc board members so we can live a Happy Life style. 
 
And answers will be appreciated!

Need to know in what state you reside. Please reply if you want help

Charles if you were referring to me I live in Pa. 15 units, 5 of which are rentals, and really no help from anyone else except a 72 yr. old woman who says she is also tired of being put on the back burner.

Read your Pa Condomium Act at 
 
http://www.pacondolaw.com/statutes_uca1.html 
 
 
 
You shoukld find pertinent info in this stae law. More questions -just ask. In the long run it may be cheaper to do the repairs yourselves because the cost of an attorney is high. Of course if you do use a lawyer and win the casse the judgement will include your atgtorney's fees.