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Irwin Law
Irwin Law, Lawyer
Category: Real Estate Law
Satisfied Customers: 7243
Experience:  Lawyer- Broker 30+years - foreclosure, short sale, liens, title attorney.
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I own a condo in a seashore community approx 2 blocks from

Customer Question

I own a condo in a seashore community approx 2 blocks from the beach. The architect that designed the build had the contractor use materials that were not appropriate for the area due to the excessive wear and tear these materials are known to have in
our climate. The archetict has designed many buildings in our area, and knows what materials should be used. Well due to the inappropriate materials used we are being hit with a large special assessment. The building is 9 yrs. old. Do we have any recourse
against the architect? Important final point. The architect is a unit owner and assassination President and is basically making the "call" on the special assessment. I feel he is dragging his feet also to have the repairs done beyond the 10ys anniversary of
the building, which. I believe is the warranty period. Can you help answer these issues? Also, how should I proceed if this is a violation on his part? Thank you, ***** *****
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Irwin Law replied 1 year ago.
Dan: Thanks for submitting this question. Clearly the architect/owner/association president, has a conflict of interest and should NOT be the person making this decision for the association. You may have a provision in your governing documents to bring this up to the membership for action. I suggest that this be done before the 10 year period expires.
Customer: replied 1 year ago.
Here's the problem. There are only 3 units in our association. Mine, his, and a recent widow (not trying to offend) that is in his back pocket, basically.
Can the architect be liable for knowingly using the wrong material? Is it within the statute of limitations?
What is the law on "living space" pertaining to %of assoc. fees? Is there a ceiling height restriction that would not considerate living space?
And do you know the answer to his right to the additional parking?
I like to clearly know these answers before I proceed in any way.
Thank you
Expert:  Irwin Law replied 1 year ago.
Dan: Your many sub-questions are not easy ones and they will involve a review of the organization documents as well as research into FL case law in at least three areas. This should be done by a local real estate attorney. Off the top of my head, I'd say that with 2/3 of the voting owners under the architect's control, he's holding most of the high cards.
Customer: replied 1 year ago.
I'm in NJ. The questions seemed to be general knowledge questions.
Thanks anyway.
Expert:  Irwin Law replied 1 year ago.
Your questions are not general knowledge. They are very specific. And they require detailed research. I will opt out.
Customer: replied 1 year ago.
Sounds like a good idea.

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