I bought a condo in a new construction building and was issued a temporary Certificate of Occupancy (CO). In this certificate, the address was sated incouding my unit number and I was listed as the owner.
That CO expired in Januray of 2007. I have been told rpeatedly by the HOA and property management that a new permanent CO exists. I never received a copy when I asked ofr it and have been told now that it is in the mail to me.
However, I have since gone to the town hall for the official records and no co exists in my name for my address. The only CO in existance for the abuidling belongs to and is in the address and name of the man who owns the restaurant that is part of the buiding.
I have been told that the current CO is for the entire building. Two questions:
1. Why would I not (and every tenant) receive our own CO in our name and unit number as owners?
2. If, there is no current CO, do I have recourse? I have researched and found precedence where a tenant in a rental situation, was not presented with a current CO and that tenant refused to pay rent. They won the case on the grounds that the landlord, in not provided a current CO) had violated their contract. The landlord retained the right to evict apparently but not to collect past due rent. Should I (and all tenants) withhold association fees since the builder is in violation of contract? And should the builder reimburse us for past months of the expired CO?
That CO expired in Januray of 2007. I have been told rpeatedly by the HOA and property management that a new permanent CO exists. I never received a copy when I asked ofr it and have been told now that it is in the mail to me.
However, I have since gone to the town hall for the official records and no co exists in my name for my address. The only CO in existance for the abuidling belongs to and is in the address and name of the man who owns the restaurant that is part of the buiding.
I have been told that the current CO is for the entire building. Two questions:
1. Why would I not (and every tenant) receive our own CO in our name and unit number as owners?
2. If, there is no current CO, do I have recourse? I have researched and found precedence where a tenant in a rental situation, was not presented with a current CO and that tenant refused to pay rent. They won the case on the grounds that the landlord, in not provided a current CO) had violated their contract. The landlord retained the right to evict apparently but not to collect past due rent. Should I (and all tenants) withhold association fees since the builder is in violation of contract? And should the builder reimburse us for past months of the expired CO?
