Can Builder be held responsible

[Delcondo]

What is the name of your state?Delaware

My Condo Assn. previously filed suit the Builder for faulty sidewalks when the Builder was turning over the common elements to the Condo Assn. The suit resulted in a settlement where the Builder got the Condo Assn. to sign off on holding the Builder responsible for any other future faulty common elements.

Now, a year later, there's been numerous underground leaks from faulty plumbing in our communities water system (which is a common element and the responsibility of the Condo Assn.). The Condo Assn. repaired the leaks and found the problems were caused by faulty plumbing work done. They are unsure if we have any legal recourse against the Builder due to the previous settlement.

One neighbor, who worked in construction, says when the Condo Assn. signed off in the prior settlement that they can only sign off on items that are above ground. With the water system being underground, is it possible that Condo Assn. can legally persue and have a good chance of holding the builder responsible despite the previous settlement?

Thank You.

 

[HomeGuru]

What is the name of your state?Delaware

My Condo Assn. previously filed suit the Builder for faulty sidewalks when the Builder was turning over the common elements to the Condo Assn. The suit resulted in a settlement where the Builder got the Condo Assn. to sign off on holding the Builder responsible for any other future faulty common elements.

**A: now that was dumb.

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Now, a year later, there's been numerous underground leaks from faulty plumbing in our communities water system (which is a common element and the responsibility of the Condo Assn.). The Condo Assn. repaired the leaks and found the problems were caused by faulty plumbing work done. They are unsure if we have any legal recourse against the Builder due to the previous settlement.


**A: why are they unsure. They need to have t heir HOA legal counsel investigate the options.

************
One neighbor, who worked in construction, says when the Condo Assn. signed off in the prior settlement that they can only sign off on items that are above ground. With the water system being underground, is it possible that Condo Assn. can legally persue and have a good chance of holding the builder responsible despite the previous settlement?

Thank You.

**A: heck, we don't know as we are not privy to reading the settlement agreement, case and statutory law etc.

 

[Delcondo]

Heck, you're not the only 1 not privy to seeing that settlement agreement. The Board members are the only ones who have seen it. See they try to play I GOT A SECRET with the rest of the community -- they DONT even make the minutes to their meetings available to the residents here.

Let me rephrase my question. The neighbor who worked in construction stated he had heard that when signing off on future liability to a builder, that anything underground can not be signed off on as it's not available for visual inspection. Does this sound reasonable?

Thank You.

 

[Zigner]

Let me rephrase my question. The neighbor who worked in construction stated he had heard that when signing off on future liability to a builder, that anything underground can not be signed off on as it's not available for visual inspection. Does this sound reasonable?

Thank You.

Without seeing the settlement, we can't say. If the settle is overly broad (ie: the builder will not be responsible for any future problems), then you're screwed. That is something that should have been considered when contemplating the settlement.

 

[HomeGuru]

Heck, you're not the only 1 not privy to seeing that settlement agreement. The Board members are the only ones who have seen it. See they try to play I GOT A SECRET with the rest of the community -- they DONT even make the minutes to their meetings available to the residents here.

Let me rephrase my question. The neighbor who worked in construction stated he had heard that when signing off on future liability to a builder, that anything underground can not be signed off on as it's not available for visual inspection. Does this sound reasonable?

Thank You.

**A: no and you got a blind leading the deaf situation.

 

[HomeGuru]

Heck, you're not the only 1 not privy to seeing that settlement agreement. The Board members are the only ones who have seen it. See they try to play I GOT A SECRET with the rest of the community -- they DONT even make the minutes to their meetings available to the residents here.

Let me rephrase my question. The neighbor who worked in construction stated he had heard that when signing off on future liability to a builder, that anything underground can not be signed off on as it's not available for visual inspection. Does this sound reasonable?

Thank You.

**A: post back when you have read the settlement agreement. I think that's fair.

 

[Delcondo]

Thanks for the responses.

I think Hell will freeze over before anyone besides a Board member gets to see that settlement agreement.

 

[Zigner]

Thanks for the responses.

I think Hell will freeze over before anyone besides a Board member gets to see that settlement agreement.

I think I know who the next candidate for a board position should be...

 

[HomeGuru]

I think I know who the next candidate for a board position should be...

**A: you got my vote.