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Inspector
Summary

A single warranty date applies to each condominium building in a development.  Meaning that each unit does not have its own warranty date, and units in different buildings will likely have different warranty dates, unless they happen to be completed on the same date. 

The Facts

Village Lofts Condominium Association consisted of two buildings: A and B.  Building A was substantially completed in 2003 and Building B was substantially completed in November of 2004.  In 2014 the Association discovered various water leaks in Building A.  In June of 2015 they had also found similar leaks in Building B.  The Association repaired the leaks throughout both buildings.  In August 2015 the Association sued the developers and contractors for breach of warranty, breach of contract and negligence.  The defendants brought motions for summary judgment arguing that that the Association couldn’t bring a suit after 10 years based on the statute of repose (similar to a statute of limitations).
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Flood
Problem & Facts

The association’s detention pond overflowed causing damages to property downhill from the pond. The developer built the detention pond in 2007. The owner of the downhill property (who bought in 2012) sued the association in 2013 for damages in excess of $300,000. (Kowalski v. TOA PA V, L.P. and Traditions of Amercia at Liberty Hills Condominium Association, Pa., May 22, 2019). The owner, through expert testimony, claimed $300,000 was the cost to install an appropriate storm water management system. The association filed a third party complaint against the developer.
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