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Old 11-01-2007, 07:46 PM
Jerry Peck Jerry Peck is online now
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Join Date: Mar 2007
Location: Ormond Beach, Florida
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Re: Condo Inspections
Dave,

Regarding the condo items you posted, I believe the condo board, past and way past, have not performed their duties - if they had, there would be a reserve fund to cover much of, or some of, that cost.

Setting up reserve funds are basic necessities for condo buildings, and any board which refuses to do so 'because it cost too much money now' is not protecting the condo owners, and condo owners who elect board members who are against reserve funds are justly due their huge assessments.

In a case like that, for the HI, I think that the new buyer could rightly include the HI in a lawsuit (not that they would win, but that it would be their right, and it would cost the HI big time to defend against) *UNLESS* the HI recommended to their clients what we always recommended: Contact the board and check for reserve funds and past, present, and anticipated special assessments.

If the HI recommended that, and the client did not follow through, that's like saying 'replace the roof' and the client buying it anyway - it becomes the responsibility of the client ... not the HI.
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Jerry Peck, Construction / Litigation Consultant
Construction Litigation Consultants, LLC ( www.ConstructionLitigationConsultants.com )
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