Youranthony1
Active Member
I haven't given much thought (or inquired with our lawyer yet) as to how to quantify the damage. But I'd like to think there would be atleast some compensation in terms of impact on the enjoyment of the property (versus just a measurement of property value). When light into a unit is at a premium (as reflected by the number of windows a given unit has), reducing that light has to mean something. The builder recognizes the "value" of light to some extent as reflected in the varying prices of the same unit depending on whether it faces south or the total number of window, for example. I'm pretty sure (?) that units (of the same type) were priced differerently where one is located in the interior of a building (no east/west windows) versus one located on a corner. Granted, the number of windows would not be the only reason for a price difference, but its more than likely that it would be one of them. After all, if the builder can make money off of a "feature", it will. So conversely, buyers should be compensated where that valueable feature is taken away.
Most purchase and sale agreements are vague and therefore account for these types of changes. I wouldn’t be surprised if legally you are not entitled to any form of compensation.
A lawyer once told me that condominium purchase agreements are generally so loosely written that legally this type of change is permitted.