SAN JOSE – A heated legal battle over a residential tower in San Jose has dropped at light allegations of unsafe living conditions, including a scarcity of hot water, heating and air con, in addition to thefts and inadequate security measures.
The disturbing allegations are contained in legal documents filed in Santa Clara County Superior Court in reference to a dispute over past-due maintenance fees for a high-rise apartment constructing at 188 West St. James Street in downtown San Jose.
Litigation and real estate market woes have engulfed the west tower of the two-tower condominium complex at 188 West St. James. In April, nine condominiums were auctioned off for a staggering average price of $31,900 to assist the homeowners association recoup unpaid maintenance fees owed by the location's developer.
When a developer sells a condo, the brand new owner will likely be chargeable for paying ongoing monthly HOA fees. In this case, the developer is chargeable for paying maintenance fees on units that were built but not sold to a brand new owner.
FPP MB, a subsidiary of China-based Z&L Properties, has sued some HOA members living within the tower to stop the ultimate sale of the condos which are the topic of the foreclosure. On August 6, Santa Clara County Judge Amber Rosen issued a short lived restraining order to dam the sale for now.
On August 9, some members of the condominium association who lived within the tower filed documents claiming that there have been several problems within the west tower, where the condominium owners live and the apartments haven’t been sold. The east tower has never been occupied.
“The developer and the construction managers are threatening the health, safety and property of the homeowners,” three HOA members claim within the Aug. 9 grievance. The “construction managers” are several directors of the HOA board appointed by the developer. These directors, the lawsuit says, “have brought the building into a dangerous condition.”
The lobby was unsafe and never staffed in any respect times, homeowners association members claimed. The homeowners also claimed the developer did not secure the constructing's entry doors and garage doors, stopping them from closing properly.
“There were numerous thefts, including thefts of bicycles from the bicycle room, packages from the parcel room and personal items from residents’ storage rooms,” the lawsuit states.
Many doors were installed incorrectly in order that they may easily be opened from the surface, court documents say.
“The building's heating system, which provides hot water to the units, was not properly installed, maintained or serviced by the developer,” the HOA members alleged. “Sometimes there was no hot water and other times there was only boiling hot water.”
FPP MB, the corporate affiliated with the developer and owner of the 2 towers, responded that it was aware of the allegations regarding the deficiencies, defects and dangers within the constructing, in response to an announcement filed with the court on August 16 by the actual estate company.
“The applicants (the HOA members) allege that until recently, one of the three elevators was frequently out of service, that the building's heating system was not properly installed and maintained, that flooding occurs frequently in the underground parking garages, and that the heating and HVAC systems were not properly installed, tested or maintained,” FPP stated within the court filing. “All of these issues are being addressed.”
The exact timetable or procedure for correcting the deficiencies and problems was not immediately determined.
The homeowners also complained that some non-residents had occupied empty condominiums occasionally.
“The police were called to the building several times for security reasons, including thefts, outsiders sleeping in the hallways or occupying unoccupied apartments,” the constructing owners stated within the court filing.
The homeowners complained of their lawsuit that a number of the problems had been present for a while.
“Approximately 20 to 30 homeowners have complained that they have not had heat, air conditioning, or both for more than two years,” the homeowners said within the court filing, and residents explained in court documents that they’ve had no heat, no air con, or each.
The homeowners have currently filed a separate lawsuit against the tower's developer alleging construction defects, issues of safety and other deficiencies within the tower.
“These claims will be resolved in the construction process,” developer FPP said in court documents. “If the homeowners prevail, the developer will pay for any damages for which it is responsible.”
The grievance also alleges that the developer was experiencing financial difficulties in repaying the actual estate loan for the property. The developer states that the issue of delinquent loans has been resolved.
The litigation surrounding 188 West St. James could drag on into next 12 months, with a minimum of 12 hearings scheduled to handle a variety of issues within the Santa Clara County court case.
Originally published:
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