B.G. from Chicago, Illinois writes:
Dear Mister Condo,
Mister Condo replies:
Greetings from Connecticut, B.G.! It’s nice to hear from friends in the Windy City. I wish it were under better circumstances.
In the litigious world in which we live, it would appear that any entity can sue another entity at any time for just about anything. So the short answer is most likely, yes. However, I suspect what you are really asking is how likely is it that the association will win a judgment against the developer for structural defects such a long time after the building was converted to condominiums.
As you know, I am not an attorney, so think of this advice as friendly and not legal. You definitely should seek legal counsel to make a decision if a lawsuit is worth pursuing. As you know, they can be quite expensive. However, if you have a case, they can be quite lucrative and solve your structural defects as well as cover your legal expenses.
Your best resource for finding a qualified attorney to speak with is as close as your mouse. Check out the website for the Community Associations Institute Illinois Chapter at http://www.cai-illinois.org/. There is an amazing amount of information there for Illinois community association residents. In particular, check out their Member directory by rolling your mouse over the “Chapter News” tab and selecting “Directory” from the drop down menu. Once there, search for “attorney”. I found 34 lawyers who specialize in community association law in your area. I am sure you will find at least one who wants to help you with your case. Best wishes!