Leaks in a new building

I am in desperate need of some help regarding our building. I recently took over as president of our association and inherited some problems. It's a new 8 unit bldg just barely a couple of years old but we're having major leakage problems. One of the units has water coming in through on of their windows and the other unit has water coming in through their walls (they literally had a water bubble this morning after some heavy rain last night).

I had an EIFS inspector come in last week to take a look because I thought our problem might be stemming from the EIFS siding on the bldg. He reported back to us that the window leak can be stemming from the gutter and the roof and the window may have to recaulked (since it looks like they weren't sealed properly). The other leak (the water bubble) is much more serious and it seems that a small terrace above the affected unit is a contributing factor. It's flat and there's no pitch to it, the Trimax moisture meter showed high moisture everywhere it was placed on the terrace, the flashing between the balcony and the wall was tarred (they used a rolled roofing material on it) and there's all sorts of gaps in between the bricks and the EIFS siding wasn't properly terminated where it meets the brick wall. There's a bunch of other particulars that would take me the rest of the night to list. The owners of this unit have been dealing with this leakage since they moved in (2 yrs ago) and supposedly the builder has 'fixed it' three times. Our units were guaranteed warranty was for one year although the warranty for the building is for ten years. When I called the warranty company, they said that the builder is only responsible for structural damage. BTW, the builder is now operating under a different name although still at the same address. Scary, right?

So finally, my question is this. Is the builder actually responsible for the mess we're in since this was a problem that was basically never corrected? And one more thing. The EIFS was not properly installed in the back of the bldg. I placed a call to the builder this past Thursday as did the owners with the bubble leak but neither one of us has heard back. I was wondering if we should retain a lawyer to help us deal with this.

I apologize for the long post and again, any help would greatly appreciated.
Thanks,
Mary

Attorney - yes!

It sounds like the builder is responsible, but so what? If they won't make the repair, or are no longer collectible, then the association is still going to have to deal with the leaks. Attorney first - to make sure you take the proper steps in case litigation is possible and worth doing. The attorney will probably want an architect or engineer to determine the exact problem, cause, proposed correction and cost. The attorney will also investigate as to the warranty issues and whether it makes any financial sense to sue the developer.

In any event, you're going to burn through some money. I'd sit down and talk to the owners to give them a "heads-up" that some preliminary costs are coming their way.

Joe

The lastest...The builder has contacted the owner with the major leak and they're supposedly coming by next week to do some fixing. I just need to stay on top of them to make sure they actually fix it. There's a couple of guys who will be doing some tile work in our place. They do all sorts of construction work and they'll be advising me on what needs to be done. If there's any fight on the builders' side to not do the repairs as we want them to be done, we'll then hire a lawyer.

I really appreciate all the advice. It's really wonderful to have a forum available like this. I've learned a lot!

Mary

Mary:

It may be a good idea to engage an independant home builder to get another opinion. Most of us are novices when it comes to construction and can get the wool pulled over our eyes on things, but another builder could tell you more. Just a thought.

Well, the way I see itis that it is the HO's responsibility if they neglected to correct the problem and the problems got worse.....It was their responsibility first and foremost to take care of the situation and not set back for 2 years. The HOA should be out of it now. We had a HO do exactly the same thing....she complainted about a leak, the builder sent some one out, thought the problem was fixed...she is still complaining about the leak and the developement was built in 2002. Why would she choose to not repair the leak herself when it concern such a large investment. Why sit back and continue to cry about it 4 years later. Letting your home deteriorate further from water damage should not have been an option in either case. The HOA in our case is not fixing her problem because of her neglect and it shouldn't be your HOA's either, not now.