Gil:
I don't know about NY, but here in Okla the fact that the AC couldn't get the unit below 80 degrees would be something the seller would have a duty to disclose. This would be true regardless of the business entity type of the seller, including condo associations. All states and some cities have codes for heat and air units, that are used to determine whether they "operate properly" or not. When we did our add-on, we discovered that the heat and air system on one of the floors of our house wasn't quite up to code. We had it fixed, and it works much better now. From what you have said, it is impossible for me to believe that your AC meets ANY code, therefore is defective, and therefore the seller (even though a condo association) is in breach for failure to disclose. I'd again advise you to check it out with an attorney --- and pick one who does not think 80 degrees is cold! According to any code or other standards I've heard of, it certainly is not.
Good luck
Richard <img border="0" alt="[Drinking]" title="" src="graemlins/062802drink_prv.gif" />