Responsibility for Condo Construction Defect 30 Years After Developer Control

P.Z. from outside of Connecticut writes:

Dear Mister Condo,

During window and door replacement in my condo, built in 1988, it was discovered that there was about 18″ of insulation missing from the walls directly above the windows. It was corrected during the install of the windows. Is the association responsible to compensate me for the expense of properly insulating the space above the doors and windows? The property manager says no, but I think otherwise. What’s your take, please?

Mister Condo replies:

P.Z., in a perfect world, the missing insulation would have been the responsibility of the builder and would have been considered a building defect if uncovered back in 1988. However, that is impractical, if not impossible. In theory, the association takes over after the developer is through (the developer transition period) and assumes full responsibility for all of the common elements. The question now is whether or not the insulation is considered a common element or part of the window. I agree with you and would argue it is a common element where a building defect has been found. However, the association is likely to argue that they are not under any obligation to pay for a hidden item like this because they had no way of knowing there was an underlying defect and they have no recourse with the developer at this late date. That brings us to the practical element of this repair. I can’t imagine it was very expensive. Do you really want to complicate matters by suing the association for the repair? If the dollars justify a lawsuit and/or you feel strongly on this matter, you should speak to a locally qualified attorney to see if you have a case, or you may bring the matter to Small Claims court depending on the dollar amount. If it was $500 or less to insulate the area around the window, I think I would just pay it and move on. The culprit was the developer back in 1988. He made a mistake and was never held accountable for it during the time when he could have been. All the best!

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