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Repeat Roof Leak

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J

jkbpmy

Guest
What is the name of your state? Hawaii
I bought my condo (2 levels, I am on the 2nd flr) in May 1999 directly from the developer. In July 1999, I found water mark inside the cover of the ceiling light in one of the room. I suspected the unit had leaking problem even before I bought it. In Apr 2000, the roof was leaking after a couple days of heavy rain. The developer came in to fix the roof as well as repainted all the affected walls. In Dec 2001, the roof started leaking again after heavy downpour. Once again, it was fixed. Now, the roof is leaking again. Can I sue the developer of not disclosing the roofing problem and not fixing the roof properly? The roof is a "common area", it really does not belong to me. I am not sure whether I should turn to the association or the developer. Please help!
 


HomeGuru

Senior Member
jkbpmy said:
What is the name of your state? Hawaii
I bought my condo (2 levels, I am on the 2nd flr) in May 1999 directly from the developer. In July 1999, I found water mark inside the cover of the ceiling light in one of the room. I suspected the unit had leaking problem even before I bought it. In Apr 2000, the roof was leaking after a couple days of heavy rain. The developer came in to fix the roof as well as repainted all the affected walls. In Dec 2001, the roof started leaking again after heavy downpour. Once again, it was fixed. Now, the roof is leaking again. Can I sue the developer of not disclosing the roofing problem and not fixing the roof properly? The roof is a "common area", it really does not belong to me. I am not sure whether I should turn to the association or the developer. Please help!
**A: you did not mention the age of the building. If you bought "brand new" directly from the developer, the Hawaii seller disclosure law exempts developers selling new. Your cause of action is against both the developer and the AOAO. You should have already notified the AOAO and have a paper trail.
Did you ask who did the repair work the first time? Was it the same roofing contractor that was hired by the general contractor? Was the roofing company that did the initial work and repair work licensed and did they give a warranty? Did they follow the plans and specifications? Did the project architect and engineer inspect and approve the work?
You should also hire a roofing expert to conduct an inspection to determine the cause and comment on if the remedial fix was completed properly.
 

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