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9 minutes ago, davidclt said:

I suspect this is happening because developers try to save pennies at every opportunity at the expense of quality (style over substance) and gambling on there being no problems before their liability runs out . . . also I believe some developers create a separate entity for developing each building which is dissolved at the completion of the project. I'm in a building completed 10 years ago. The entities that built this building no longer exist but the developer is still building in Charlotte. We are about to undertake a substantial project to replace the siding on the buildings on property because the developer did not install the siding or flashing correctly. There is no entity to hold accountable for this and there was no entity to hold accountable because it was dissolved at the completion of the building (by design).

I know of a development in NoDa that I'm pretty sure was successful in getting money from the original developer to fix some major defects, despite the LLC nonsense. I assume apartment companies that buy from developers are savvy enough to deal with this problem, but in the NoDa case it was an owner-controlled association that had to make it happen.

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4 hours ago, davidclt said:

We are about to undertake a substantial project to replace the siding on the buildings on property because the developer did not install the siding or flashing correctly. 

We went through that not long ago in a small townhome community. In our case I suspect it was low bid subcontractors, given insufficient guidance and little oversight.  Fortunately a handful of owners were actively pursuing warranty work and kept the builder engaged to fix flashing/window/siding problems as long as 2 years after completion. We went as far as getting some repair quotes from qualified people to have in-hand and understand what we were facing. They pointed out plenty of problems. About a third of the units were rental at that point and we suspected that the same defects present on the repaired buildings would also be going on with the others, but they just weren't being reported or pursued by the tenants and owners. So it seemed like there would be even costlier repairs in the future (don't ignore water intrusion, people!), or a bigger fight with the builder. 

The market was plenty hot, so I decided to get out. Didn't want to be on the hook with the HOA when myriad other problems come home to roost. 

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6 hours ago, tozmervo said:

I know of a development in NoDa that I'm pretty sure was successful in getting money from the original developer to fix some major defects, despite the LLC nonsense. I assume apartment companies that buy from developers are savvy enough to deal with this problem, but in the NoDa case it was an owner-controlled association that had to make it happen.

Tiggered, that was one messy lawsuit/repair situation.

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3 hours ago, slipperypete said:

We went through that not long ago in a small townhome community. In our case I suspect it was low bid subcontractors, given insufficient guidance and little oversight.  Fortunately a handful of owners were actively pursuing warranty work and kept the builder engaged to fix flashing/window/siding problems as long as 2 years after completion. We went as far as getting some repair quotes from qualified people to have in-hand and understand what we were facing. They pointed out plenty of problems. About a third of the units were rental at that point and we suspected that the same defects present on the repaired buildings would also be going on with the others, but they just weren't being reported or pursued by the tenants and owners. So it seemed like there would be even costlier repairs in the future (don't ignore water intrusion, people!), or a bigger fight with the builder. 

The market was plenty hot, so I decided to get out. Didn't want to be on the hook with the HOA when myriad other problems come home to roost. 

Here are pictures from my Wall of Woe™.  I fear this is the tip of the proverbial iceberg for our property

20200605_112432.jpg

20200605_112032.jpg

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4 hours ago, InTheYear2000 said:

Tiggered, that was one messy lawsuit/repair situation.

Heh, I moved from there in the early stages of the lawsuit (but not because of the lawsuit). We paid the first assessment for the emergency repairs. I never knew the final details, but it's a good community and I hope they got that builder to pay up to fix everything they obviously f&d up. 

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