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Condominium Building Maintenance Issues

An important consideration of nearly all purchasers of residential condominium units is the fact that a condominium provides the advantages of home ownership without the time-consuming and laborious tasks that are an expected part of maintaining a house and property. After all, exterior maintenance is taken care of by the association. But that does not mean that maintenance and repair issues are something with which condominium owners need not be concerned. On the contrary, there are several reasons why building issues should be matters of extreme urgency in a condominium setting.

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The Condominium Phenomenon

It has been nearly 30 years since I first became involved in the representation of a condominium association that was confronted with construction defect issues. That case was litigated for several years, and eventually grew to engulfing a multitude of parties, including developer entities, the general contractor, design professionals, engineers, numerous subcontractors and suppliers, and all of their law firms and insurers. It ultimately resulted in a resolution that allowed the condominium to repair the significant deficiencies in the exterior envelope of their high-rise building. Since that time, condominium construction defect matters have come to constitute the majority of my work. This has resulted from two phenomena: The first has been the explosion of condominium development since the 1980s, with the wide acceptance of the condo as a desired form of housing. The second is the nature of residential construction and its tight profit margins, in which inspection, supervision and coordination of trades are often the first casualties of budget constraints.

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