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Construction defect litigation case against the HOA developer?


I purchased a condo next to the room which houses my building's water pump. The noise level from the pump varies, but it's particularly bad at night. I raised the issue with my HOA board of directors. They said that because the problem has existed since the construction of the building they were not responsible for installing soundproofing in the pump room.
They suggested insulating the wall on my side at my expense which would make my unit smaller. I discussed this with a friend who practices real estate law in Florida where I live; he insisted the HOA is responsible when building infrastructure causes a nuisance for one or more units even if it is from original construction. I don't want to initiate legal action unless I'm reasonably sure that this really is the association's responsibility. There is nothing in the condo docs specifically related to this - Any advice?

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