Quality Legal Services For Condominium And Homeowners Associations

The Kansas City metro area is a hotbed for new residential developments, particularly condominiums. Converting historic 100-year-old buildings into fresh new condos can be lucrative.

However, along with this boom in new housing comes a wave of challenges for condominium and homeowners associations. All too often, developers of both rehabilitation and new construction projects cut corners to reduce costs and avoid delays. Their inadequacies set up associations for financial failure.

Our firm can help you make sound legal decisions and assertively represent your interests in litigation. Contact us today.

A Different Kind Of Law Firm

At Long & Robinson, LLC, a boutique litigation firm in Kansas City, we represent condominium associations, homeowners associations, townhouse associations and property management companies in many types of legal hurdles they encounter. We have recovered tens of millions of dollars from insurance companies and developers for homeowners associations to repair damages caused by faulty construction.

We are not your typical law firm. Our winning track record illustrates both our commitment to collaboration and the depth of our proficiency in construction law. This niche focus allows us to build long-term relationships with clients who come to rely on us for diverse legal issues.

Our talented attorneys and staff provide the same caliber of quality legal services as a large firm. Yet, we also offer the efficiency, personalized service and cost-effective value of a small firm, combining the best of both worlds.

A Powerhouse In Litigation And Arbitration

We provide proactive solutions and problem-solving strategies for associations as well as individual unit owners. For example, we routinely handle:

• Construction defect claims: In condominiums, defective construction of common elements – including problems such as water intrusion, deficient roofing and defective windows – can lay a tremendous financial burden at the feet of the homeowners association or property management company. We have successfully handled defect claims involving millions of dollars, both in arbitration and state and federal courts.
• Insurance issues: Typically, the developer’s insurance company will defend and payout claims. But identifying coverage and navigating intricate insurance issues can be challenging for associations. Our attorneys can readily handle the insurance aspects of construction disputes and legal claims against developers.

Frequently Asked Questions About Missouri Construction Defects

Construction defects can cause numerous problems for both owners and condominium associations. The following FAQ can help you learn more.

What are the most common types of construction defects found in condominiums?

Like any large structure, condominiums can suffer from an array of construction defects. Examples of common issues include:

• Roof flaws (water intrusion)
• Structural and foundational defects
• Electrical and wiring issues and malfunctions
• Use of substandard materials affecting quality and safety

These defects often result from poor workmanship, hasty construction or the use of inferior products during construction or maintenance. Prompt action is vital to preserve property value and ensure safety.

How can construction defects impact the financial health of a homeowners association?

One consequence of construction defects is that they can severely strain a homeowners association’s finances, leading to costly repairs, legal disputes and decreased property values.

Other negative impacts are also possible such as:

• Being forced to increase owner dues or apply special assessments
• Deterrence of potential buyers due to poor conditions or flaws
• Reduction in the condominium’s demand or interest level

Proactive maintenance is vital for managing these risks and preserving the association’s financial stability.

What steps should a homeowners association take if they suspect construction defects in their building?

They must act swiftly upon suspicion of defects to prevent additional damage and protect their legal rights. Essential steps include:

• Getting professional inspections
• Documenting the findings
• Reviewing applicable warranty provisions
• Notifying responsible parties
• Seeking legal counsel

Quick action can avert further harm and safeguard the association’s finances and the property’s structural soundness.

What is the statute of limitations for HOA construction defects in Missouri and Kansas?

In Missouri, you have five years to file a construction claim for breach of contract or negligence torts. However, the statute of repose can bar you from filing a claim. The 10-year statute of repose generally bars tort claims 10 years after substantial completion, unless the defendant intentionally concealed the defect.

In Kansas, you have five years for written contracts and two years for negligence torts to file a defect claim. The state also has a 10-year statute of repose that applies to tort actions, running from the day the project ended. Both states require presuit written notice to contractors before filing a lawsuit.

Can an HOA board sue a developer without approval from all homeowners?

Yes, an HOA board can file a lawsuit against a developer without approval from all homeowners because the directors act to protect shared property. However, it is advisable to check litigation clauses present in Covenants, Conditions and Restrictions. Developers may include provisions that require approval from more than half of the homeowners before filing a lawsuit.

How do contingency fees work in condo defect litigation?

In condo defect litigation, a contingency fee arrangement means an attorney will only receive their pay after prevailing in the case. They receive a percentage of the recovered settlement or judgment. You also do not have to pay for retainers or hourly fees. If the attorney loses the case, they will not receive their contingency fee. You may still be responsible for out-of-pocket litigation expenses and expert costs, depending on the fee agreement.

What happens if the developer went out of business or dissolved their LLC?

When a developer goes out of business or dissolves their limited liability company (LLC), the HOA board still has options for covering defects. The members may file claims against the developer’s insurance policies, regardless of the current LLC status. They may also directly sue contractors whose negligence caused the issues. If the developer committed fraud, HOA members may pierce the corporate veil to sue individual owners personally.

What are the benefits of choosing a boutique law firm like Long & Robinson, LLC, for handling construction defect issues?

At Long & Robinson, LLC, we offer a boutique law firm experience that ensures fierce representation and protection in construction defect issues. Our services include:

• Personalized attention to every case
• Extensive knowledge of Missouri construction law
• Meticulous care in achieving effective resolutions
• Deep commitment to each client’s business and legal needs

Our focused approach can help homeowners associations rest easy knowing their legal matters are being handled with the utmost care.

Speak To Our Legal Team

For experienced, practical legal guidance from a team of attorneys, contact Long & Robinson, LLC, at 816-708-2218. Under the right circumstances, we do offer contingency fee representation for associations. Located in Kansas City, our lawyers represent condominium and homeowners associations in the metro area and throughout both Missouri and Kansas.