Welcome to San Diego Blog | December 9, 2010
Parkloft San Diego Condos Settle Litigation
Parkloft San Diego condos have had the typical life cycle of a condo building in Downtown San Diego. From new construction buildout to delivery and move in for most homeowners in 2003, the building was among the most popular in the thriving East Village ballpark neighborhood. After the initial buzz that comes along with that “new condo” smell, there comes a period where all of the design flaws become prevalent and a litigation case against the developer begins.
Parkloft condos, like most buildings downtown had their HOA management company start to document the issues that began to surface in the building. This list is referred to as the SB-800 itemization of construction defects. All new construction buildings in downtown San Diego go through these same steps because the developers are subject to the Calderon Act, which is California Civil code that holds developers as the responsible party for any issues that arise within the first 10 years of the buildings completion.
Parkloft Litigation Issues
There are a wide array of “construction defects” that can plague buildings and many of these “defects” are not as bad as they seem, yet some can be quite problematic. For example, many Downtown San Diego condo buildings, including Park Loft Condos, have an outdoor courtyard or patio common area. If it rains and water puddles up instead of immediately flowing to proper drainage, this would be considered a construction defect.
Other common “construction defect” items include mechanical garage door gate systems that fail repeatedly. Park Loft Condos had some of these typical small defect issues, but definitely had some issues that were serious problems for every owner in the 120 unit complex. The Moen tubs that the developer chose to use were defective in the lip that sits under the tile on the walls was too short and water flowed down the wall and actually got behind the tub. This water flowed down the wall onto the concrete floors and would spread out horizontally. This would have been a problem by nature, but because the bathrooms were not hot mopped properly, the problem grew exponentially as gravity did it’s magic and the water went into the units below.
Life at the Ballpark…It’s a good life
This tub and hot mop problem along with some exterior balconies that did not flow water away from the building, but rather into the building caused some major issues with the wood floors warping. There are also some problems in a small number of the units with the Pella Windows not being the correct size or specification. This led to more water intrusion and in some cases the doors that open out to the balconies would swell and would not open after a rainy period.
For a complete list of construction defects in Parkloft San Diego Condos, fill out the form at the bottom of this page.
Parkloft Settlement Funds
The good news with Park Loft Condos litigation is that it has recently settled for approximately $10 million. As a result, all of the bathrooms in Parkloft Condos are slated to be repaired. Owners who suffered damage to their wood floors are going to receive funds to correct those problems. Balconies are going to be repaired and common areas will be fixed as well. One of the outcomes that has owners very excited is that the monthly HOA dues are going to drop by approximately $83 per month.
The HOA dues rose dramatically during the settlement case to help cover the costs of the attorney, Bryan M Garrie, that represented the Parkloft Home Owners Association and because the HOA took out an equity line of credit to fund the lawsuit. The Equity line of credit will be paid off in late December 2010 and the $83 interest payment assessed to each unit will no longer be.
All of the funds were just deposited into the Parkloft HOA bank account earlier this week and construction is slated to start in January. For the 2011 year, the Parkloft HOA reserves are 99.6% funded and the building will once again be fiscally sound. Other buildings that have recently experienced or are experiencing litigation regarding “construction defect” include Cityfront Terrace, Pinnacle, Renaissance, Treo, La Vita, Doma, Horizons, Acquavista, the El Cortez and more.
If you are concerned about litigation in a downtown San Diego Condo and would like more information, contact us. We also have financing available for condo buildings in litigation and can further explain everything. Expect 20-25% down payment and competitive current market rates. Fill out the form below for more information.
If you wish to contact Bryan Garrie regarding potential litigation in your condo building:
- Bryan M. Garrie, APC, 1117 Wall Street, Suite Four, La Jolla, California 92037
- Mailing Address P.O. Box 2731, La Jolla, California 92038
- Telephone (858) 459-0020; Facsimile (858) 459-0777