CAN A SINGLE OWNER SUE FOR CONSTRUCTION DEFECTS, OR MUST THE WHOLE HOMEOWNERS’ ASSOCIATION CLAIM?
Sometimes one or more owners in a homeowners’ association have defects in their homes and want to claim, but the other owners either have no defects or do not want to get involved in legal proceedings.
So they ask themselves: can I sue for construction defects on my own, or does the claim have to be approved at an owners’ meeting?
We can confirm that a claim for construction defects can be brought by the president of the homeowners’ association, acting in the name and on behalf of the association, who can claim, if so agreed, for damage or defects in both communal areas and private elements, but also by a single owner or several owners, each of whom is fully entitled to claim for their own damage.
An owner who has cracks, damp or any other damage in their property can claim individually against those responsible for the construction, obviously without going beyond the defects in their own home.
However, the most advisable course, if there are defects throughout the building, is to file a “collective” lawsuit on behalf of the whole homeowners’ association, both because it will be cheaper in terms of costs and because it improves the prospects of the case, since a claim covering all the defects carries greater weight.
WHAT MAJORITY OR QUORUM IS NEEDED TO CLAIM FOR CONSTRUCTION DEFECTS?
To approve at an owners’ meeting that a lawsuit for construction defects be filed, only a simple majority is required: a majority of the owners attending the meeting must authorise and empower the president to take legal action to claim for construction defects in both communal areas and private elements.
If you have any questions, contact us.
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