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SteveS8 (New York)
Posts: 128
Posted:
We are a relatively new community whose Board is still controlled by the builder. I run a community blog which is not sanctioned by the Board nor the builder.

A few months ago, it came to my attention that our condo (3 story apartment building housing 15 residences) garage was not the only one leaking after storms. In fact, I have now found out that every single condo garage in the community (all 23 buildings) have seeping water from girders, through the walls, and from vents after rain storms. In many cases, the seepage is serious enough to case puddles in the garages. I also have gathered testimonials that complaints have been registered by residents for over 2 1/2 years, and, in most cases, the repairs made were inadequate or never made at all.

Since management never made this fact public to the residents, I decided to send an email directly to the community with 8 very specific questions that I wanted to submit to the Board, and I asked for others in the community to put their names on along side mine. The questions asked why this problem was allowed to go on for over 2 1/2 years. It asked why new buildings, built since the first reports of leakage, still had the same problems. It asked exactly what was going to be done about the problem. And it asked for an independent engineering analysis of the the situation and a report of what is wrong with the garages and what must be done to stop the leaks permanently

Additionally, I mentioned a development (rental, not condo) across the street from us that was closed down (and has now reopened) because of mold and that it cost the builder close to $40,000,000 to correct the problem. I suggested, "It is an established fact that persistent leaks in concrete and wood have a propensity to develop mold and aid in its spread."

This email was met the next day by a two page letter from the builder. This letter was attached to every door handle in the community. It basically said that I was acting as "self appointed leader". I was "irresponsible" and a bunch of other adjectives. He spoke about how he loved our community and cared for the people in it. It even copied my cover letter to the community but managed to leave off the 8 questions that I wanted posed so we would have the answers that we needed. Additionally, he never attempted to answer any of those questions but instead said that he would take care of the problems.

That was about a 2 weeks ago. Shortly thereafter, I noticed digging at the foundations of 4 buildings (mine being one). The area dug was about 10' - 15' across and apparently was intended to seal around some pipes that came into the electrical rooms of those buildings. However, in our building, at least, that might solve one of the 14 leak problems we have, but is unlikely to take care of any of the others.

For the last 4 or 5 days the construction equipment has disappeared, and, as usual, there is no word, whatsoever, as to what is supposed to happen and when.

Are the residents entitled to any information about what appears to me to be, potentially, a very serious problem? The Board has never said a word about the leaks.

What can be done?
Thanks,
Steve

RogerB (Colorado)
Posts: 5,067
Posted:
"What can be done?"
Steve, You could send a letter to the Board thanking them for the work they did and ask them what other work is planned to correct the other problems and when is it scheduled to be done.
MaryA1 (Arizona)
Posts: 7,043
Posted:
Steve,

Many states have specific statutes pertaining to construction defect litigation which is where this problem may lie if the builder do not properly correct it. Check out your state statutes so you will be prepared should the need arise to take action against the builder.

Because your development is still under declarant control I doubt you'll hear anything from the board regarding these problems.
RobertR1 (South Carolina)
Posts: 5,164
Posted:
Steve,
The thing that strikes me about your post Steve is there is not a mention of any personal contact between anyone. The builder has control, you have an appointed board, you apparently have a number of owners living there. All you have posted that is you have a Blog, you have some questions about construction defects, you are Blogging about this issue, the Builder (is this also the developer) responds and takes issue with what you say, someone came around and dug holes and has now left, etc, etc. If you play a little Hindsight it seems clear that contructive attempts by individual owners over the past two years would have pushed you all into some proactive actions resulting in some Owners Organization and you would by now be a force that has some credibility to effect some actions about the garage problems and other issues.
If you are going to move mountains, you need all your owners speaking with one voice. Doubt you will get that so organize all the members you can. I suggest you use your blog and do a little promotion with door to door notices, just as the developer does. BUT FIRST, understand you can not interfer with the developers business.........do not confront the developers.
You must know where you stand and you must have the support of the community. Notice a Town Hall meeting AFTER you can get enough supporters to organize and run a well controlled productive meeting to establish a Concerned Owners group. As noted, your interests are not to tell the developer what to do, your interests are strickly directed towards how you all as vested homeowners can make your association better. I hope you can see the difference. Stay on the high road, attempt and record all efforts your group makes to establish contact with the developer and offer the services of the owners. Right now, the Builder has labled you a trouble maker, and you may well be for all I know, but I also know if you organize a power group of owners, the builder is unlikely to react as he did to you, and he could be right, I don't know. You develop some muscle with your Blog and you will see doors start to crack open. Again, do everything for the benefit of your association, there is nothing illegal forming an owners group, just stay on your side of the fence and use your pool of people to form a mission and a program of constructive involvement.

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