Out of Time: Applying the SOL in Condo Construction Defect Cases
The unique dynamic of condominium development and control has made navigating the legal waters of the statute of limitations in construction defect cases tricky and unreliable.
March 18, 2015 at 06:39 AM
9 minute read
The purchase of a home is one of the biggest investments in a person's life. Condominium living is an especially attractive form of home ownership, where maintenance and repair of common property, including roofs, exterior walls, exterior cladding, lawns and streets, are routinely performed by an association. Most buyers who purchase condominium units at a premium are attracted to the allure of “new construction” but may not realize the costly problems hidden behind the walls.
Homeowners have no way of discovering the nature and extent of latent defects in construction until an association hires a professional engineering firm to conduct a preliminary investigation of the property. Prior to transition (the point in time when the developer transfers control of the board of trustees to the unit owners), the association is run by the developer, who has no intention or incentive to perform the duties of homeowner-controlled boards (i.e., hire forensic engineers, discover construction defects, bring suit, etc.).
However, the Condominium Act requires the developer to retain control of the association until it sells 75 percent of the units. Depending on the market conditions, the number of units and the developer's sales efforts, this can take a few months to several years. During that period of time, the developer retains majority control of the association, which is the only entity with exclusive right to test, repair or otherwise disturb the common elements.
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