HOA, Condo Construction Defects roundup (Fall 2016)

By Deborah Goonan, Independent American Communities


A sample of construction defects that plague Association Governed Housing Communities in the U.S. (Homeowners’, Property Owners’, Condominium, and Cooperative Associations in Common Interest Developments)

Several questions come to mind:

How are developers getting away with building poorly designed and constructed housing?

What is the role of the municipality or county in ensuring that owners and residents are not investing their hard-earned money in unsafe, unhealthy housing and/or inferior community infrastructure?

How much money is being funneled to attorneys, compared to equitable relief for homeowners?

How many common interest communities are at risk for becoming uninsurable?

How does the legal structure of Association Governed Housing shield developers, design professionals, and construction companies from liability for substandard housing communities?


Millennium Tower homeowners hire engineer to drill under the building to understand sinking, tilting better

Sep 27, 2016, 6:38am PDT

By Vic Lee
Tuesday, September 20, 2016
SAN FRANCISCO (KGO) — The developers of the luxury condo building in San Francisco, the Millennium Tower, spoke to reporters Tuesday for the first time since it was revealed the building is sinking and tilting at an unexpected rate.

Millennium Partners held their news conference on the same day San Francisco City Attorney Dennis Herrera formally subpoenaed them as part of his office’s investigation into whether the developer complied with state law by disclosing known structural sinking issues to purchasers of more than 400 residential units in the Millennium Tower.

The exclusive residential Millennium Tower sits at the corner of Mission and Fremont streets in San Francisco.

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Owners of affordable Rockaway condos sue developer, architect for $210M

Board claims shoddy construction led to water damage, cold rooms
September 23, 2016 10:30AM (New York)

Owners of condominium units at a Rockaway apartment building are suing developer Briarwood Organization and AIA Architects for a combined $210 million over alleged construction defects.
Water’s Edge in Arverne, completed in 2009, is a city-financed condo development for low- and middle-income households. Residents allege that shoddy construction left them with water damage, leaks and $10 million in repair costs. They also claim that boilers were improperly installed, leaving some rooms cold.

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Owners of affordable Rockaway condos sue developer, architect for $210M


The Naumann Law Firm, PC Recovers $1,607,500 for Construction Defects at Anchorage Lane Homeowners Association

SAN DIEGO Sept. 21, 2016 PRNewswire/

The following is being issued by The Naumann Law Firm, PC.

The Naumann Law Firm, PC announced today that it recovered $1,607,500.00 in damages on behalf of the Anchorage Lane Homeowners Association in a construction defect lawsuit.

The firm filed the lawsuit on November 4, 2014 in San Diego County Superior Court, Case No. 37-2014-00037570 on behalf of the Anchorage Homeowners Association (“Association”) against the developer, ANCHORAGE LANE II, LLC, and other responsible contractors/subcontractors.

The Association alleged damages to this (seven) 7 unit luxury condominium complex primarily related to a defective fire sprinkler system and water intrusion at the subterranean parking garage. The defective fire sprinkler system caused water leaks which resulted in significant property damage. Additionally, the water intrusion at the below-ground parking garage would require the Association to incur significant costs related to substantial waterproofing repairs.

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EXCLUSIVE: CityPlace S. Tower rushes to fix roof tiles at WPB condo

By Alexandra Clough – Palm Beach Post Staff Writer

CityPlace South Tower’s roof tiles are loose and falling off, only eight years after the luxury West Palm Beach condominium was built.

Residents of the 420-unit condo are scrambling to replace the tiles before they fall and hit someone or something around the Okeechobee Boulevard tower near a major retail and entertainment complex — or become dangerous projectiles in a wind storm.

The cost of the roof redo? A whopping $3.2 million.

The CityPlace South Tower Condominium Association last month sued CityPlace South Tower LLC (an affiliate of developer Related Group of Miami), general contractor Moss & Associates, roofer P&A Roofing & Sheet Metal Inc., plus six other contractors and professional firms. The lawsuit seeks unspecified damages.

The Palm Beach County Circuit Court lawsuit said the defendants failed to properly install and inspect the roof tiles at CityPlace South Tower. The condo is at 550 Okeechobee Blvd., across the street from theCityPlace dining and shopping center.

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Gardens condo settles with Kolter, subcontractors for $22.5 million

Thursday, Sept. 29, 2016 | Filed in: Northern PBC

WEST PALM BEACH — After years of watching their luxury condominiums disintegrate as water seeped through walls, roofs, windows and sliding glass doors, more than 1,000 residents of a Palm Beach Gardens community on Thursday prepared to put their agonizingly soggy past behind them.



Epic condo association sues developer, architect and subcontractors over fire safety system

Epic was one of the last condo towers built during the last real estate cycle
September 26, 2016
By Francisco Alvarado

Another prominent developer is facing allegations of installing a faulty fire sprinkler system in a South Florida luxury condo tower. This time, litigation surrounds Ugo Colombo’s CMC Group’s Epic Residences in downtown Miami.

In a lawsuit filed in Miami-Dade Circuit Court last month, the Epic West Condominium Association accuses CMC, architecture firm RVL Architecture & Design and two subcontractors of breach of statutory implied warranties, breach of contract, negligence and violations of the Florida building code over alleged construction defects in the 342-unit tower, which also includes a 415-room hotel. The building is located at 200 Biscayne Boulevard Way along the Miami River.

Specifically, the lawsuit alleges CMC and RVL allowed the subcontractors to install a fire sprinkler system that is composed of incompatible materials and components that will cause it to degrade and fail over time. The lawsuit also states that it was widely known in the construction industry that the materials were incompatible when construction of the Epic began in 2006. The building was completed two years later.

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Epic condo association sues developer, architect and subcontractors over fire safety system

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