Condo Associations: To Sue or Not to Sue

Keep in Mind that I'm not a Lawyer! So this isn't legal advice.




New construction and New conversion properties are appealing. In fact, I bought into a new conversion building myself a few years ago. It's been three years this May for me and that's a good thing. I'm not in a position to move although I'd like to. I have house lust. It's chronic and it hits hard but that's another story.



Like all new condo Associations, we've had our bumps and bruises - Developer issues, turnover, management companies, the City etc. All of these we could handle, the biggest concern has been our Developer punch list. We've got a list of things that we'd like to have done. Essentially, we, as an Association feel that the Developer hasn't finished the building: Some of it major - boiler and elevators - some minor -trim work and moulding. Everyone of my clients experiences this on some sort of scale.



It's been three years and the Developer wants to move on and we do as well as an Association. The proposal was raised to file a lawsuit for specific performance. We looked into it. The deciding factor for us: Mortgage banks won't touch an association that's involved in a lawsuit.