Q: We live in a newly built condo in Manhattan. Last summer we noticed moisture in the apartment and purchased a humidity sensor that showed 70 percent humidity. We spoke to the management company in the fall and they investigated, but the problem persists. We installed a dehumidifier, but it is noisy and the bin needs to be emptied several times a day. What is a reasonable amount of time for the management company to fix the problem? What else can we do?
A: The management company is not the final authority when it comes to fixing this problem. You should contact the condominium board, which must act in the interest of all condominium owners. However, keep in mind that if there are construction defects, the sponsor, i.e. the company that put the new condos up for sale, could be responsible.
Check your administrative documents to see who is responsible for construction defects. The offering plan serves as a disclosure document, and the sponsor must fulfill its obligations as promised to buyers in it, 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 included a reference that there might be high humidity in that building or unit, that would make it more difficult to make a claim against the sponsor,” Ms. Sugarman said.
Find out if your neighbors have the same problem and join forces. To further strengthen your position, check for moisture in common areas.
Ultimately, the homeowners council will have to address this issue or persuade the sponsor to take action, says attorney William J. Geller of the Manhattan law firm Braverman Greenspun.
Your next step is to contact the board chair or another board member directly. But be aware: Even though board members are supposed to act in the best interests of all condominium owners, if the board is still under the control of the sponsor, it may be reluctant to pressure the sponsor to fix the deficiencies, Mr. Geller said.
If those steps fail, you can hire an attorney to enforce the board's obligations, which could lead to negotiations with the board or sponsor. “Many condominium construction disputes are resolved through negotiations, although sometimes litigation becomes necessary,” Mr. Geller said.
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