Repairs to the Condo Not Yet Made After Special Assessment Levied

J.D. from New Haven County writes:

Dear Mister Condo,

What are my rights as a unit owner after I pay a large special assessment fee? How long does the developer have to do the required repairs? What can I do if they never complete the repairs?

Mister Condo replies:

J.D., I don’t know of any condo owner who enjoys a special assessment. A special assessment paid to a developer is even more disturbing to me because it implies that the association is still under developer control and that your unit needed repairs so early on in the life of the condo. As a matter of contract, unless the agreement states the terms for when the work is to be completed, you may be at the mercy of the developer. You can seek legal remedy in the form of a lawsuit but that will cost you more money and may take longer than the actual repair being made. My advice is to keep after the developer and ask for weekly or monthly updates. If you haven’t already done so, get the Board involved as well. If you are having this problem, it is very likely other unit owners are as well. Perhaps the Board will apply pressure to the developer to get the repairs taken care of in a timely fashion. Good luck!

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