HOA, Condo Construction Defect News Links (Sept 2016)

By Deborah Goonan, Independent American Communities


A roundup of news reports of construction defects in condominium and homeowners’ associations.

MEI Condominium has been trying to collect the money necessary to complete their window repairs for eight years. The insurance company for the contractor appears to be delaying paying the $4.8 million settlement. So the Association is once again fighting it out in court. 

Miami Beach condo association sues over alleged defective glass
Suit surrounds performance bonds of $4.15 million and $689k
August 15, 2016 04:30PM
By Francisco Alvarado

UPDATED Aug. 15, 5:25 p.m.: Eight years after the MEI Condominium in Miami Beach was completed, the building’s owners are looking to collect $4.8 million in insurance bond funds from a subcontractor that allegedly didn’t finish the job.
In a lawsuit filed in Miami-Dade Circuit Court last month, the MEI Condominium Association accuses Miami-based RC Aluminum Industries and its insurance carrier, Liberty Mutual Insurance Company, of breach of contract by not paying the bond.

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Miami Beach condo association sues over alleged defective glass



In Connecticut, more than 300 homeowners have reported crumbling concrete foundations to the state Department of Consumer Protection (DCP), all of the concrete supplied by JJ Mottes. The problem stems from the presence of a mineral in the concrete mix called pyrrhotite, that creates a chemical reaction years after the concrete foundation has been poured and set into place, There is only one way to fix the problem – the foundation needs to be entirely replaced. The necessary work is extremely expensive, and it’s causing financial and emotional distress for condo and single family homeowners alike. Condo owners have learned they all must share in the expense to repair foundations, even if their unit is not directly affected. Single family homeowners are responsible for repairing their own homes. (See also, previous blog)

Foundation issues spreading to condominium complexes
By Eric Bedner
Journal Inquirer
At least four developments in area towns, including three condominium complexes, are deteriorating from failing concrete foundations, an issue that continues to plague northeastern and north-central Connecticut homeowners.
Along with Ryefield Condominiums in Vernon, parts of which were found in April to have crumbling foundations, units with failing foundations have been identified at Lydall Woods in Manchester, Willington Ridge in Willington, and Laurel Hill in Stafford.

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The long-running dispute over Brickell House Condo Association’s non-functional robotic parking garage continues. At this point, the Association is considering replacing the entire robotic system with a new one, but, in doing so, several parking spaces will be lost, and some condo owners will be left without parking spaces they paid for. The developer that contracted with the defunct company that built the original robotic system says it just needs new software. It’s truly a mess. An earlier blog describes the problem.

BrickellHouse’s condo association runs into another snag in robotic garage predicament
Association is seeking more damages
August 30, 2016 05:15PM
By Francisco Alvarado

The parking woes at Harvey Hernandez’s BrickellHouse project are about to get worse, according to an attorney representing the building’s unit owners.
“The condo association has been left with this mess,” lawyer Helio de la Torre told The Real Deal. “We have to clean up this mess.”
On Aug. 23, de la Torre’s client, BrickellHouse Condominium Association, filed an amended lawsuit against Hernandez, his company BrickellHouse Holding LLC and Hartford Steam Boiler Inspection and Insurance Company, seeking additional damages for the possibility that some condo owners may be left without a parking space if the building’s troublesome robotic parking garage is replaced with a new system.

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BrickellHouse’s condo association runs into another snag in robotic garage predicament



The developers of Marquis Miami have also been investigated by New York State’s Attorney General, over allegations of shoddy construction and shady business practices. They appear to making themselves hard to locate as this new lawsuit it filed in Florida.

Marquis Miami condo owners accuse developers of poor construction
Defects were found in the roof, structural components, plumbing and more: lawsuit
September 08, 2016 12:10PM
By Francisco Alvarado

The New York-based developers of downtown Miami’s Marquis Miami residences are being accused of building a poorly constructed tower in a new lawsuit.
And now, the Marquis Miami Condominium Association wants a partnership between Shaya Boymelgreen and Lev Leviev, as well as the construction companies they hired, to foot the bill for an array of repairs throughout the building including common areas and individual units.
In lawsuit filed in Miami-Dade Circuit Court last month, the condo association is seeking unspecified damages against Boymelgreen and Leviev, general contractor KM/Plaza and two affiliated companies, and six subcontractors for allegations of breach of contract, negligence, and violations of Florida’s building code.

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Marquis Miami condo owners accuse developers of poor construction

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