Q: We live in a newly constructed condominium in Manhattan. Last summer, we noticed dampness in the apartment and bought a humidity sensor that indicated the humidity in the unit to be 70 percent. We communicated with the management company through the fall, and they did some investigating, but the problem persists. We have installed a dehumidifier, but it’s loud and the reservoir needs to be emptied several times a day. What length of time is reasonable for the management company to address this? What else can we do?
A: The management company is not the ultimate authority on fixing this problem. You should approach the condominium board, which has a duty to act in the interest of all unit owners. But keep in mind that if construction defects are in play, it could be the responsibility of the sponsor, the entity that offered the new condominiums for sale.
Check your governing documents to see who is responsible for construction defects. The offering plan acts as a disclosure document, and the sponsor must fulfill its obligations as promised to purchasers therein, said Laura Mehl Sugarman, a partner who practices real estate law at Benesch Friedlander Coplan & Aronoff LLP, a law firm in Manhattan.
“For example, if the offering plan contained a disclosure that this building, or this unit, may experience high rates of humidity, that would make a claim against the sponsor more difficult,” Ms. Sugarman said.
Find out if your neighbors are having the same problem, and join forces. To further strengthen your case, check to see if there is dampness in the common areas.
The condominium board ultimately must address this issue, or get the sponsor to act, said William J. Geller, a lawyer who practices at Braverman Greenspun in Manhattan.
Your next step is to go to the board president or another board member directly. But be aware: Even though board members are supposed to act in the interests of all unit owners, if the board is still under control of the sponsor it may be reluctant to press the sponsor to correct the defects, Mr. Geller said.
If these steps fail, you can hire a lawyer to enforce the board’s obligations, which could lead to a negotiation with the board or the sponsor. “Many condominium construction disputes are resolved through negotiation, though sometimes litigation becomes necessary,” Mr. Geller said.
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