Owning a condo is an excellent homeownership option because it gives you access to your private unit and various common areas along the property. However, it can also lead to some complex legal disputes.
One area of dispute which has become common recently involves condo defects. Here are the basic facts about these types of disputes.
The recent rise in condo defects
Twenty-first-century construction trends have caused a variety of condo defects to increase. Amid a shortage of skilled construction workers, the demand for this type of housing has increased, resulting in rushed work. Combined with cheaply made materials, the number of defects is rising.
Construction defects in units
Generally, condo defects within a unit are the responsibility of the owner. Anything that affects multiple condos, such as a roof leak, is the condo association’s responsibility. In new units, this is often caused by construction defects. If defects are noticeable in a condo, it is essential that the owner documents and investigates them as soon as possible, so they can take action against the construction company if necessary.
Construction defects in common areas
Common areas are for all members of the condo association. Common examples include:
- Clubhouses
- Swimming pools
- Golf courses
- Fitness rooms
- Parking lots
The association is responsible for the repairs when there is a construction defect in these areas. However, if the deficiency causes damage to any of the units, these individual owners are eligible for compensation from the association.
There is a real potential for condo defect disputes to arise. These can cause complex cases where it is unclear who should handle the issue. In these situations, all parties must consider their legal interest in the case and decide who should sue the construction company.
