" An Owners Group not affiliated with the Condominium Association."

 

LAWSUIT AGAINST THE DEVELOPER

BRIEF HISTORY: The Oceania Condominium was being occupied by the owners in the last half of 2001, although the building was not fully completed until some time in 2003. As the new owners began to move into the condominium many deficiencies were noted. The unit and breezy-way tiles were beginning to pop-up from the floor, the exposed pipes beneath the garage were already in a state severe rusting, outside painting and waterproofing of the building was not completed, water leaks were many, mold and mildew was a developing problem, sewer odors emitting from the walls, and many other areas of construction were ignored as specified in the design drawings. These deficiencies were reported to the developer by the owners but the developer chose to abandon the project instead and leave the owners to complete the building at there expense, with no warranties or other guarantees as required by Florida law. The owners, through the association, filed a lawsuit against the developer to recover the money that was assessed from unit owners by the association to complete emergency construction projects and protect the building from continuing decay. The State of Florida, Duval County, and the City of Jacksonville has made no effort to enforce the laws concerning this issue.

The condominium association selected Mr. George H. Baldwin, III of the W. H. Keister Group to help oversee the emergency protection measures for the building and coordinate the many contractors that we would need to complete the project. Mr. Baldwin estimated the cost of repairs, excluding the inside of units, to exceed $850,000. The two assessment below reflect the building deficiencies addressed to date that effect common and limited common areas. The unit owners were responsible for the inside of their units (tile, paint, walls, carpet, floors, etc.) at their expense. Other projects are pending.

FIRST ASSESSMENT EXPENDITURES: (PHASE 1)     $580,825.74 SECOND ASSESSMENT EXPENDITURES: (PHASE 2)   $191,486.50

 

1. Waterproofing             $170,872.00               

2. Replace pumps                $6,279.00                         

3. Replace tiles                 $235,268.86  

4. Garage pipes                  $29,804.00           

5. Pipe hangars                  $25,738.00            

6. Garbage smell                  $7,000.00                

7. Paint ceiling                     $7,104.00                 

8. Light fixtures                    $3,000.00      

9. Legal fees                      $10,000.00        

10. Engineer fees               $10,000.00  

11. Contingency (15%)      $75,759.88      

Cost overrun and under-run detail:                  

1.      Replace sanitary pipes in garage           $11,934.00

2.      Replace sprinkler heads in garage          $3,587.00

3.      Balcony & breezeways waterproofing  $57,176.00

4.      Sewer smell in lobby                              $3,075.00

                                                     $69,622.00                       

 

1. Repair West Garage:                                               $26,510.00

  Repair damaged walls and paint

 Repair floor and seal

 Paint ceiling                                                  

2. Repair East Garage:

  Repair damaged walls and paint                       $5,500.00 

  Replace electrical conduit hangars                   $15,000.00

3. Repair loose balcony railings:                                   $11,000.00

4. Replace all building lights:                                         $18,000.00

5. Replace second floor roofing and slope for drainage: $10,500.00

6. Repair roof damage from initial construction:

Main roof                                                          $6,000.00

            Walk through roof                                           $20,000.00

*Pool fence replacement:                                             $14,000.00

7. Engineer and inspection:                                           $15,000.00 

8. Legal cost to complete lawsuit for judgment:             $25,000.00

9. Contingency (15%)                                                  $24,976.50

 

 

ATTORNEY FIRM HIRED TO FILE AGAINST THE DEVELOPER:

ASSOCIATION'S PLAN TO DROP LAWSUIT:

OWNERS' PLAN TO SUE THE ASSOCIATION: