Therefore, although you should always act promptly when a problem is discovered, you still may have legal rights, even after the contractor's original warranty has expired. Many states give special protection to purchasers of condominiums, row houses and other common interest developments. In Oregon, for example, individual condo unit owners automatically are given a one-year warranty and the association is given a similar warranty on the common areas. First, give the developer written notice of the problems. It is always a good idea to give the developer a chance to resolve the problems.
Most builders are responsible and want to make their customers happy.
If your builder does not adequately address your problems, however, or if you have any concern about a warranty or statute of limitation expiring, you should consult an attorney to protect your rights. A good attorney should not interfere with a developer's good-faith efforts to solve the problems. Construction defects can be confusing and contentious. However, resolving the issues is an important step to keeping the association on track. The technicalities are complex to warrant the assistance of an attorney that is competent in construction and homeowner association law plus litigation.