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Should HOA go after developer for construction defects?


Question:

We just had our turnover after many unsuccessful attempts to get quorum. Although most everything is ok with the HOA units themselves, the builder cut corners on asphalt and concrete. Our asphalt drives are sinking and developing huge cracks and potholes, beginning at only 2-3 years old. In addition, concrete sidwalks and porches are severely pitted and/or laminating where large flat pieces are crumbling off the tops. Several have more missing concrete than remaining. One townhouse has had its entire front porch break away from the building and slowly sliding away, others have their sidewalks sinking. This subdivision is only 3-6 years old, but this has been ongoing for years. The matter was addressed with the builder previously and they made some insufficient patches. We had a civil engineer look at our dilemma and as for the common drives, he estimated that the asphalt is less than 2" (closer to 1") thick, and poured on ground that was not properly prepared. Illinois has a 10 year structural defect law. Does this apply to asphalt and concrete? Do we have any legal recourse to go after the builder on these issues?


Answers (13)

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