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June 02, 2009

Speaking of - April 2007 Issue 79

Getting what the developer promised

Source Media Group

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WITH ALBERTA'S TREMENDOUS housing boom, more and more people are experiencing the joys of new home ownership and condo buyers are no exception. But with this flurry of building comes a few pitfalls. The shortage of trades has caused extended possession dates and resulted in workmanship that isn’t quite up to standards.

Bernie Winter, ACCI, FCCI, owner of Condo-Check/Condominium Support Services Inc. recommends buyers keep things in perspective given the hot housing market. “Just because something is brand new doesn’t mean that it is flawless,” says Winter.

So what happens when moving day rolls around and low and behold your condo is no-where near completion or it is finished, but it isn’t up to par?  Just how do you, as a new owner, go about getting what was promised?
According to Winter, owners need to realize condominium ownership entails two things: ownership of your actual unit and partial ownership of the common areas. “If there are deficiencies within the four walls of your condominium, then the relationship is a direct one between the owner and the developer. If the deficiency is regarding a common element — the hallways, the grounds, or the landscaping — then the issue is between the condominium corporation and the developer.  In this case the board of directors would deal directly with the developer.”

Once your home is completed Winter suggests having a home inspection done.  “That way you have a clear deficiency list and can then inform the developer in a timely manner.” Winter also suggests that the new condo board do its due diligence required to make sure the common areas of new or converted condominium are up to par.

“One of the best things they can do is hire a third party to do an inspection,” says Winter. Although she notes spending the money can be a challenge, because often it isn’t there initially. “It can be a catch-22. Owners need to get behind the board and support them. If they need to chip in some money to have an inspection, then they should consider doing so.  In the end it will alleviate some challenges.”

She notes the intent of most developers is very good and, on the whole, most want to correct any deficiencies. “Unfortunately, the developer is caught between people’s expectations and the current building climate. I’ve seen it over and over again. Trying to get trades and trying to get them back quickly can be very difficult. Owners get frustrated and tempers flare.

“It is very important to get everything in writing,” stresses Winter. “That way if the developer says that he will have the repairs done in three weeks, you have something to hold him to and it keeps things on a respectful level.” She also suggests using a document review company during the purchase process. “You should know what is in your contract, you don’t want to find things out by surprise,” cautions Winter.

Most of the time, with good communication, issues can be resolved without grief. However, if challenges with the builder and developer arise that appear to have no resolution, a new owner does have some recourse, and can turn to the Alberta New Home Warranty Program for assistance in resolving the issue.

For more information visit http://www.condo-check.com or http://www.anhwp.com

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