Can condo boards sue developers for construction defects in New York?

In New York, a condo board's right to sue a developer depends on the Offering Plan, which acts as a binding contract. Because the Martin Act prevents private lawsuits over "missing" information, boards must prove that the developer made active, false promises about construction quality or failed to meet the specific building standards and materials pledged in the plan. While developers use disclaimers to avoid minor claims, they remain legally responsible for common area defects and building code violations that contradict their written representations.