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DOK · 05-01-2009, 08:45 PM

It sounds like it could be more of an emotional plea than a legal one. Yes, legally, sounds like they have done their end, tightened the joists, as specified. Now, if you were to go to them and talk to them, explain the situation, they may come back again and try to help out. As you said, they told you, "they did their best", a nice plea for help could go a long way.

I bought a townhome from a developer years back and they did some interesting things in the sale, let me tell you. They installed the door to the closet too close to the hangers, so it wouldn't close properly, installed the light in the master room in the closet. Yes, they did what they specified, but it was obviously not done correctly. They came in and changed it when we both took a look and agreed it was unacceptable. If you have them in with you, and it is that bad, I'm sure they will do something to try to help out. That's hoping people are reasonable, but most are, if you prod enough, I find.

Did you do paperwork for your walkthrough? Both the seller and the purchaser need to be there and they should both have a copy of a walkthrough checklist that gets signed by each person. Did you have this done?

Another small part to this is talking to the condo board. If they are getting issues like this coming up from many owners, a board may help to alleviate issues like this. The board right now probably consists of the developers, but it might not. 52% (I think) of the units must be SOLD to owners, not occupied, to trigger the condo board control to the current majority owners, being you. Unless they own the majority, in which case they are the condo board. I'm not sure I want to get into this, but the framing of the house might be in condo board territory. Depending on how specifically the condo docs are written, generally, an owner will own the inside walls and everything between. I had an instance where the docs said I owned six inches within each wall and everything in between. Which meant I was on the hook for any insulation issues. It's such a painful technicality, but if that's the case with you, the condo board is 100% responsible for the maintenance and upkeep of such things. Again, depends how the documents are written. If the condo board is responsible, then it's them you have to help you, along with the condo management company. This is where you pay your fees to and this is where they use those fees to help you. I was also the president of the condo board and went through a ton of pains with our developers and the such. Don't know if this helps, but I have a long history with developers, and condos I could go on and on!

05-01-2009, 08:45 PM	#8
DOK Crash and Bang Winger Join Date: Feb 2005 Exp:	It sounds like it could be more of an emotional plea than a legal one. Yes, legally, sounds like they have done their end, tightened the joists, as specified. Now, if you were to go to them and talk to them, explain the situation, they may come back again and try to help out. As you said, they told you, "they did their best", a nice plea for help could go a long way. I bought a townhome from a developer years back and they did some interesting things in the sale, let me tell you. They installed the door to the closet too close to the hangers, so it wouldn't close properly, installed the light in the master room in the closet. Yes, they did what they specified, but it was obviously not done correctly. They came in and changed it when we both took a look and agreed it was unacceptable. If you have them in with you, and it is that bad, I'm sure they will do something to try to help out. That's hoping people are reasonable, but most are, if you prod enough, I find. Did you do paperwork for your walkthrough? Both the seller and the purchaser need to be there and they should both have a copy of a walkthrough checklist that gets signed by each person. Did you have this done? Another small part to this is talking to the condo board. If they are getting issues like this coming up from many owners, a board may help to alleviate issues like this. The board right now probably consists of the developers, but it might not. 52% (I think) of the units must be SOLD to owners, not occupied, to trigger the condo board control to the current majority owners, being you. Unless they own the majority, in which case they are the condo board. I'm not sure I want to get into this, but the framing of the house might be in condo board territory. Depending on how specifically the condo docs are written, generally, an owner will own the inside walls and everything between. I had an instance where the docs said I owned six inches within each wall and everything in between. Which meant I was on the hook for any insulation issues. It's such a painful technicality, but if that's the case with you, the condo board is 100% responsible for the maintenance and upkeep of such things. Again, depends how the documents are written. If the condo board is responsible, then it's them you have to help you, along with the condo management company. This is where you pay your fees to and this is where they use those fees to help you. I was also the president of the condo board and went through a ton of pains with our developers and the such. Don't know if this helps, but I have a long history with developers, and condos I could go on and on! Last edited by DOK; 05-01-2009 at 08:48 PM.