RE: Taking possession of the building from the developer | <– Date –> <– Thread –> |
From: Jennifer Gryn (jgryncogeco.ca) | |
Date: Wed, 16 Mar 2005 14:47:13 -0800 (PST) |
Because the building is refurnished and not new some of the warranties that apply to new condo's may not apply, it depends on your laws and what the definition of the project was. As an example my building is in Ontario but even though everything from the drywall in, including electrical and plumbing is new the building (an old school) is considered refurbished and therefore does not quality for an Ontario new home owners warranty. Basically we get nothing... The best you may be able to do is to make sure that some of the deficiency items can be linked to code and have the municipality or city inspectors on your side to have the items closed. -----Original Message----- From: katie-henry [at] att.net [mailto:katie-henry [at] att.net] Sent: Wednesday, March 16, 2005 3:12 PM To: cohousing-L [at] cohousing.org Subject: [C-L]_ Taking possession of the building from the developer I'm the facilities manager for Eastern Village Cohousing in Silver Spring, MD. It's a 56-unit condo community in a single building with many shared building-wide systems, such as elevators, central hot water, geothermal heat/AC, and a green roof. (Winner of a 2005 NAHB Green Building Award!) Our developer bought the building two years ago (it was an abandoned office building that needed to be completely rehabbed), hired the contractors, and managed the work. The community hired a construction advocate to represent our interests. Most of us moved in to our units in October/November 2004, with work on the common areas continuing until now. We inspected the common areas with our construction advocate about a month ago and came up with a punchlist of repairs, most of which have been corrected. We are now a few weeks away from building hand-over, where the community takes possession of the building from the developer and receives training and the O&M manuals from the contractor, etc. Work on the remaining punchlist items will continue a fter building hand-over (parts on back-order, etc.). I'm hoping to find some guidance on this process. A couple of specific questions: 1. Most of the remaining work is minor, but there's one large item -- a drainage problem that caused several units to be flooded during heavy rain. The developer has identified several corrective actions. Some of this work has already been performed, and some is still pending (waiting on plans from the civil engineer, bids, etc.). There is a sentiment in the community that we should not accept the building until all of the flood-control work is complete. If we accept the building before the work is complete , does it weaken our legal position if the developer doesn't finish the work (something I think is extremely unlikely) or if it turns out the work that was done is insufficient to prevent future flooding? However, on the other hand, we can't really test the work in a meaningful way until the next heavy rain, which might be months away. 2. What is a deficiency report? I'm getting two definitions. (1) The community hires an engineer or inspector immediately after building hand-over to do another inspection to identify problems that weren't evident during the first inspection. (2) The community hires an engineer or inspector towards the end of the warranty period (three years) to identify problems that have developed during the warranty period. Can anyone enlighten me? Any advice or insights on this whole process greatly appreciated. Katie _________________________________________________________________ Cohousing-L mailing list -- Unsubscribe, archives and other info at: http://www.cohousing.org/cohousing-L/ -- No virus found in this incoming message. Checked by AVG Anti-Virus. Version: 7.0.308 / Virus Database: 266.7.3 - Release Date: 3/15/2005 -- No virus found in this outgoing message. Checked by AVG Anti-Virus. Version: 7.0.308 / Virus Database: 266.7.3 - Release Date: 3/15/2005
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Taking possession of the building from the developer katie-henry, March 16 2005
- Re: Taking possession of the building from the developer Sharon Villines, March 16 2005
- RE: Taking possession of the building from the developer Jennifer Gryn, March 16 2005
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