A recent Building Envelope inspection of my condo development (completed as a result of the owners forcing the issue with the developer to look into the water infiltration problems) revealed EXTENSIVE inferior construction (absence of flashing, among other shortcuts). Inspection was only completed on 39 units, however the development is quite large. My unit is cited throughout the report as mine is one of the more damaged units inside (drywall, paint, and I just noticed the growth of mold). The development is still under the final phase of construction & still the responsibility of the developer. One of the original developers is also the Trustee of the property (in lieu of a Condo Association comprised of owners. I've attempted to look up MGL's on Condos but haven't found what I'm looking for yet:
1). Is the developer required by law to make whole not only the external shell of the buildings but also any internal damage to my condo unit as a direct result of the inferior construction & water infiltration (including testing for MOLD)?
2). Is there any legal way to ensure he does not attempt to pass on the cost to the owners as a 'special assessment' or under any other way, now or in the future?
3) Is there any liability for the developer to extend the inspection to include/exclude that the inferior constructions does/does not extend to the ENTIRE project and not just the 39 units that experienced water damage in the recent winter? (If this is not done and further undiscovered inferior construction is not revealed until AFTER the turnover to the owners happens, I am concerned that the owners will then 'own' the problem, potentially absorbing the cost of subsequent undiscovered issues).
Can the developer continue to sell units in this development without disclosing this problem? (They have not notified all of the owners of this issue, the only ones that know are the ones that have been directly affected by water infiltration).
I have been told (by another condo owner) that work will begin in 3 weeks but have received no communication from the Developer or the property Manager on this whatsoever. I want to ensure that my condo is made whole, both externally and internally.
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Today I found mold growing from under the door frame.
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Editor's Response
Assuming this is a MA condo, and without knowing all of the facts, I will answer (guess) yes to your first three questions, and no to the last, re selling the units. This sounds like a gigantic mess, and you and your fellow owners need to get together and select a Massachusetts real estate attorney to help you deal with the issues you are facing. You need to have one person who knows Massachusetts condo law and can review the documents and the damage and "encourage" the developer to fix the problems. Good luck.