What are the associations options if it is too late to make a construction defect claim under the statutory warranties provided by the Oregon Condominium Act?
An association may have a fraud, Unlawful Trade Practices Act or breach of fiduciary duty claim against Declarant. An association may also have other claims against a Declarant that may not be subject to the Oregon Condominium Acts five year statute of limitations on Condominium Act warranty claims. Whether an association has such other claims would depend on the facts as they relate to the specific association in question.
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