This is a very disappointing outcome....
Quote from the article:
Quote:
One of Tyler's proposed bills would redirect $25 million annually from the state's Unclaimed Property Fund to pay for affordable rental-housing vouchers. Another would encourage the construction of lower-priced housing through the expanded use of tax credits by developers.
A third bill would allow condo builders to voluntarily hire a state-approved inspector to rate the quality of their work, which Tyler said has been used to lower insurance rates in other states.
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So what they are basically saying is instead of fixing a regulation that could allow the private market to correct itself in a widespread manner, they would rather appropriate taxpayer funds to try and help a small very narrow band of homeowners. $25 million will buy housing credits for what, 1,000 people max, a pipe dream that $25m/yr is going to make any realistic dent.
And this:
Quote:
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"This is a big complex problem, and it's being dealt with by saying, 'Well, if we only fix this one little thing, everything will be fine.' But that's not reality," Tyler said. "The way to deal with construction defects is to stop defective construction."
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This is just not living in reality...yes sometimes there is negligent construction related faults such as at the Beauvillon, but many of these are situations where they could be resolved through the warranties between contractor and HOA, but aren't given the chance to, or there are disagreements between how the contractor wants to fix it (targeted repairs) vs. how the HOA's want them fixed (kitchen sink approach). Doesn't help that there are high powered law firms that chase these projects and convince the HOA's that all of their buildings/units have issues, because they are very very lucrative.
Essentially what happens is say you have a suburban type condo development with multiple buildings, and one building has an issue. Instead of just fixing that one building, many times these lawsuits require fixing every building, regardless if there are actual issues present in each building, because they can't disprove that there aren't issues in the other buildings that could one day be an issue. This turns let's say a $100k repair into a multi-million dollar repair.
In the end, its people building these things, and people sometimes make mistakes...but they should be given the opportunity to fix their mistakes instead of suing them to force them to repair things in a manner that might not really be necessary.
Quote:
Originally Posted by Stonemans_rowJ
This is an interview with Randy Nichols from the DBJ:
DBJ: What about the construction defect law? Is that stopping you from building any condos right now?
Nichols: No, not really. It affects the overall budget, but you can insure yourself around the construction defect liability. It just costs a lot of money. It cost us $3 million in insure Spire. ... The biggest problem in building condominiums right now is you can’t get the financing. A large scale project like Spire would be impossible. The only way to do it is as apartments and convert to condos later. That’s what a lot of guys are doing.
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Indirectly, couldn't it be that the financiers aren't lending because of the risk involved due to the construction defects issue?