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Is there a general condominium law that overides a provision in my purchase contract that the sponsor is not liable for

Kew Gardens, NY |

damages resulting from defective construction of the building's exterior. I want to sue in small claims court for my cost to replace my floor due to water damage from the outside. The homeowners association will not pay for the damages because they maintain that the condition which caused the leak was present when the building was constructed. Specifically, they argue that the construction of the building required a storm door (the lack thereof which resulted in rain water being absorbed by the concrete sub-floor) and that I should go after the sponsor because the sponsor did not provide a storm door when I purchased the condo unit.

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Attorney answers 1


The General Business Law provides certain minimum warranties that must be provided in new constructions. Even if your contract provides less coverage, the statutory minimums will control. To determine whether you have coverage under the statutory minimums, you must first have an expert determine the cause of the damage and then look at the statute to see if that defect is still covered under the warranty.