09/30/2026
Can a developer be held responsible for construction defects they didn't create?
In this case, an HOA sued a successor developer for defects in a condominium's common areas, even though the developer had never owned those areas and had sold fewer than half of the units in the development.
The court ruled in favor of the HOA, holding the developer responsible for the full cost of repairing the common areas. Because those shared defects affected every unit owner, the court found the developer could be liable for 100% of the common-area repair costs—not just the portion tied to the units it sold.
Construction defect cases often depend on how ownership, development responsibilities, and common areas are treated under applicable law.
Read the full case summary and the court's reasoning on our blog.
https://www.rsjattorneys.com/blog-native/april2021-courtnotes