A condominium association in central Ohio recently filed a lawsuit against its developer for substantial construction defects. The association, represented by Kaman & Cusimano, filed the lawsuit to address substantial water intrusion issues throughout the condominium property. The Columbus Dispatch recently ran a story on the lawsuit, including comments by partner Kevin M. Fields. Describing the issues facing the condominium:“There have been noted deficiencies at every building out there, with both the roofs and wall systems,” Fields said. “There’s been severe water infiltration through the walls, which has caused underlying damage, and various roof leaks and roofs not properly secured — in essence, sliding off the buildings.”Please click the following link to view the entire story: http://www.dispatch.com/content/stories/business/2014/09/05/owners-of-all-74-condos-in-westerville-complex-sue-builder.htmlIf your community association may b...
Association Files Lawsuit Against Developer for Construction Defects
Transition Study, Reserve Study. What's the Difference?
Most board members understand what a reserve study is and the beneficial role it plays in managing the financial future of the community association. Another study that comes up for recently constructed associations and is equally as important is the transition study. A reserve study analyzes the capital items that the association is responsible for maintaining, which typically include roofs, siding, and concrete. The reserve study provides information regarding each item, including its life expectancy, and the cost to replace it in the future. Specifically, a reserve study is looking to see if and when the item will deteriorate due to ordinary wear and tear. A transition study, on the other hand, has a narrower purpose. A transition study identifies and documents potential construction or design deficiencies. The key word with a transition study is “defect.” For example, a transition study would reveal such items as roof leaks, water infiltration, or concrete set...
Successfully obtained a monetary settlement from developer failing to perform work.
An association filed a lawsuit against its developer for failing to complete a project to install breakwaters in Lake Erie and form a private beach for the association’s residents.Kaman & Cusimano successfully negotiated a settlement whereby the developer agreed to pay the association its share of the anticipated costs to complete the project.
K&C obtains settlement where the developer agrees to convey all common element roads and open spaces to the HOA
An association filed a lawsuit against its developer as a result of its failure to transfer the common elements to the association.Kaman & Cusimano successfully negotiated a settlement with the developer whereby he transferred to common element parcels to the association and paid all outstanding taxes on the parcels.
Successfully resolved a lawsuit against a developer for construction deficiencies in the Association’s clubhouse.
An association discovered various design and construction deficiencies affecting its clubhouse, which led to water infiltration and the formation of mold throughout the building. On the association’s behalf, Kaman & Cusimano commenced a lawsuit against the association’s developer and other subcontractors seeking to recover the cost to repair and replace the defective construction.Kaman & Cusimano successfully resolved the lawsuit with the developer and its subcontractors agreeing to reimburse the association for a portion of the remediation costs.