Phil, I was on the HOA board, worked for the developer and owned one of the units and during the turnover they brought in an attorney that told them that the developer didn’t file some documents correctly and he could file suit and get everyone a big settlement. When he found out I also worked for the developer he considered me an advisory and even said so at one of the meetings. I eventually was able to stop the suit and eliminate him but law suits do affect the property. It is a black mark whether justified or not. In your case it sounds as though it is justified. It is too bad that it couldn’t be settled short of litigation. It hurts resales and will have a negative affect on buyers in the future even if they win. When you claim bad construction, there is no way to claim we have now made everything good and everything is fine without doubt in the buyers mind.

I think when the HOA is considering a suite they often overlook the ramifications and publicity that they also bring upon their investment. Most attorneys tell you of your strength in securing a victory and the case cost but don’t go into the hidden or not so obvious cost that can be down the road. The good thing is that most good builders don’t want that type publicity either and normally will do the right thing.

Phil, I have nothing to say so won't expound on that. :)

All I can say is...

"Yikes!"

Sorry Phil, it will be hard to get funding!

Jana

Phil:

Take them skydiving.  

lol, he isn't dating them Gloria, at least he didn't share that part with us.

General rule of thumb.....If they bounce, their checks will, too.

I still laugh out loud when I think about Phil and his sky diving.  Now we know he is not married.  However, catching Phil would be a tricky and dangerous business for a young woman.