Can an individual condominium unit owner sue for undisclosed defects in the construction of the condominium building as a whole?
It is generally possible for an individual condominium unit owner to sue for undisclosed defects in the construction of the condominium building as a whole. However, the specific rights and remedies available to the unit owner will depend on the laws of the state in which the condominium is located, as well as the terms of the condominium’s governing documents (such as the declaration of condominium, bylaws, and rules and regulations). In some states, unit owners may have the right to bring a lawsuit against the developer, builder, or other responsible party for defects in the common elements of the condominium (such as the foundation, roof, or exterior walls). In other states, unit owners may have the right to bring a lawsuit against the condominium association for defects in the common elements, or may be required to exhaust other remedies (such as arbitration or mediation) before pursuing legal action. It is recommended that you consult with a qualified attorney to determine your rights and options if you believe that there are undisclosed defects in the construction of your condominium building.