Construction Remedies for Condo Owners: We Hardly Knew Thee
Imagine buying the condominium unit of your dreams.
The flooring is finished. The kitchen has new Whirlpool appliances built in. You can’t even hear your neighbors through the walls. Everything is perfect.
Until it isn’t.
A couple weeks in, you notice water seeping into the unit. But it’s not just a tiny amount.
Naturally, you report the case to the condo association and they call up the manufacturer. But the manufacturer insists that they did everything by the book. And now, we have a legal dispute on our hands.
At the tail end of December, the Illinois Supreme Court annihilated a doctrine that stems back 35 years. This doctrine provided condo owners with legal recourse in the event that something resembling the above prologue transpired. The recent decision pertained to a case reaching back to 2013.
In 2013, Evanston, Illinois-based Sienna Court Condominium Association paid contractors to construct a multitude of condominium units. These contractors included Champion Aluminum Corporation.
As it turned out, the condo units “contained a number of latent defects that resulted in water infiltration and other conditions that rendered both the individual units and common areas of the buildings unfit for their intended purpose of habitation” at the time the units were sold. Because of this, Sienna sued under the grounds of an implied warranty between them and their contractors.
This kicked off a six-year legal battle between Sienna and Champion, transitioning from the circuit court to the court of appeals, and finally, the Illinois Supreme Court. With the most recent and final decision of the case, the courts ruled in favor of Champion, leaving Sienna without any sort of recourse to make the repairs.
Generally speaking, construction defect repairs can very easily surpass the million-dollar mark. And with a case like Sienna Court Condominium Association vs. Champion Aluminum Corporation, Sienna’s expenses may be quite comparable.
If you are a part of (or know someone involved with) a condominium association that’s faced with a similar legal hurdle, Lee Scott Perres, P.C. can help. Please click here to set up a free consultation.
