It can be very nice to be able to move into a newly constructed condominium in Florida. Knowing that everything is brand new and there has not been any wear and tear can provide some peace of mind. As people are moving into a newly constructed building, the expectation is that it will be free of defects. They do not expect that they will have to immediately deal with any major, costly problems.
If constructed properly, there should not be any condominium defects either. It can be very frustrating when people pay higher prices for the new construction and are still left dealing with problems they would expect from older buildings. That is why under state law, developers are deemed to have granted a three-year warranty of fitness to the owners of the condominium after construction is complete.
The warranty extends to each unit as well and protects the owners of each unit. The warranty can extend to some personal property and other structures that are built for the condominium complex. The warranty covers the roof, electrical, plumbing and other structural components of the building. This warranty can also be extended up to five years after completion of construction, if the association does not take control of the building until three years after the construction is complete. There is an expectation that the association and unit owners will conduct routine maintenance of the building and units though.
It can be very frustrating for owners to learn that they need to fix a major issue with their new construction. If the defect occurs within the first three years after the construction of the building, the developer of the condominium may be liable for fixing the problem under an implied warranty though.
There are specific rules on how to and when condominium owners or associations can initiate a construction defect claim in Florida. While warranties do extend for three years, it can still become a complicated process to have the developer fix the problems correctly. Understanding all of the rules surrounding these warranty claims is important and consulting with experienced mediation/arbitrations could be beneficial.