Chicago, IL asked in Contracts and Real Estate Law for Illinois

Q: Legal remedies to remove developer of new construction condo building and/or get building designated health hazard?

Almost every resident (39 units) has had water in their units, as well as water coming through the ceilings in the common areas due to uninsulated duct work. Humidity levels are off the charts. Connect the dots for what this means for fast growing mold and mildew. There is an election soon to install a new resident-led HOA, but we're told we are stuck with this guy for another year even after the election. There is no trust whatsoever in him to systemically identify and solve the problem. He blames the residents for leaving their sliding doors open too long and we all need to invest in dehumidifiers. This is a significant systemic issue. Relatedly, does code require that new, Chicago residential buildings have insulated ducts? Thank you.

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1 Lawyer Answer
Robert Shipley
Robert Shipley
  • Chicago, IL
  • Licensed in Illinois

A: Your description suggests that construction is completed and all units have been sold. The developer should have already turned over control to a duly elected board by the members of the Association. Your description describes a serious problem, which I presume has been confirmed by an independent inspection. The Association should consult with and retain counsel to review and provide guidance, including representation in a claim against the developer and any other responsible parties.

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