Common Grounds Magazine – Divide and Conquer – how community associations are mending divisions
Ansell Grimm
May 7, 2018
‘Divide and Conquer’ – How community associations are mending divisions.
‘Divide and Conquer’ – How community associations are mending divisions.
A pair of lawsuits against L&M Development Partners and its affiliates are proceeding as residents in two of the builder’s Harlem projects seek compensation for costs associated with remediating defective work done during construction of their homes. The litigations recently were featured in Crain’s New York Business and Habitat Magazine.
The boards at La Celia, a 123-unit condo at 64 E. 111th St., and a 75 unit complex created from the conversion of PS90, a school located at 220 W. 148th St., initiated the suits as the costs of the repairs spiraled into the millions of dollars.
Both complexes are represented by Joshua S. Bauchner, Esq. and Anthony J. D’Artiglio, Esq., attorneys with Ansell Grimm & Aaron, PC.
Attorneys from Ansell Grimm & Aaron PC successfully have represented clients in numerous construction defect cases, including Cypress Point Condominium Association, Inc. v. Adria Towers, LLC in New Jersey in which the state’s Supreme Court unanimously affirmed that construction defects and faulty workmanship that cause damage to other property is a covered event under the General Contractor’s general liability insurance policies.
For additional information, please contact Joshua S. Bauchner, Esq. at jb@62q.f7d.myftpupload.com or (973) 247-9000.
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For more than 85 years, ANSELL GRIMM & AARON, PC has been dedicated to providing excellent legal representation. In providing zealous advocacy and skilled legal advice to our diverse clientele, our attorneys all practice with a common philosophy… commitment to excellence and commitment to people. For more information, visit us at https://ansell.law.
ANSELL, GRIMM & AARON, PC commenced two actions in the Supreme Court of the State of New York against L&M Development Partners, and its affiliates, for design and construction defects in two of its projects in Harlem, on behalf of plaintiffs La Celia Owners Corporation, located at 64 East 111th Street, and PS90 Board of Managers, located at 220 West 148th Street.
The actions assert, among other things, that L&M breached its contractual obligations and made negligent misrepresentations by failing to construct the buildings in accord with the terms of each Offering Plan. Indeed, the buildings were forced to retain engineering and construction firms to identify and remediate design and construction defects endemic to each building.
By example, at La Celia, the engineer’s work revealed significant leaks and penetrations throughout the building, fire hazards, items not constructed to Code, and that at least 70% of residents have insufficient cooling, likely due to “marginally sized and under-sized” PTAC units. At PS90, the engineer’s work revealed that the parapets and significant portions of the façade were defective, widespread water intrusion, and that the roof disclosed in the Offering Plan was not actually installed and is now in need of repair and replacement. Indeed, at PS90, large chunks of the façade have fallen off the building creating a serious safety hazard and compelling the installation of shedding and the closure of the courtyard.
Both buildings undertook efforts to amicably resolve these issues with L&M, but were unfortunately without success, necessitating the lawsuits. Joshua S. Bauchner, a partner with the law firm of Ansell, Grimm & Aaron P.C., and counsel to both buildings commented that “L&M prides itself on promoting development in low income communities. However, when it cuts corners to save a dime, it saddles residents with the significant costs of repair which they simply cannot afford, as L&M well knows. We are simply asking that L&M correct defects of their own making in accord with their express obligations under the Offering Plans.”
Christopher Therkorn, the Board president of PS90, echoed this sentiment, stating “Our entire building is under scaffolding right now as we were forced to repair the parapets, roof, and façade. At this time, our residents are confronted with these unbearable costs as L&M has sought to wash its hands of the matter.” And, Jon Winstone, the Board president of La Celia, noted that “When you are finally able to buy into what is promoted as a beautiful, new building your hopes are high. Then, those hopes are dashed when the ugly underbelly reveals itself — water leaks everywhere, insufficient air conditioning, and rampant Building Code violations.”
The actions are captioned La Celia Owners Corp. v. East 111 Associates, LLC, East 111 Mezzanine, LLC, East 111 Managers, LLC, L&M Development Partners, Inc., and L&M Builders Group, Index No. 654485/2017, and PS90 Board of Managers v. L&M Development Partners, West 147th Associates, LLC, West 147th Managers, LLC, L&M Builders Group, LLC, L&M West 147th Developers, LLC, Index No. 654603/2017.
Ansell Grimm & Aaron attorneys regularly represent clients in construction litigation and litigation against sponsor developers. For additional information, please contact Joshua S. Bauchner, Esq. (jb@62q.f7d.myftpupload.com) or Anthony J. D’Artiglio (ajd@62q.f7d.myftpupload.com) at (973) 247-9000.
The foreclosure of a condominium and/or homeowners’ association lien is unique and multi-faceted process. While there are some similarities, there are many, many differences between a lien foreclosure and a residential mortgage foreclosure. Attorneys unfamiliar with those differences, and with the overall lien foreclosure process, can do a great disservice to their condominium and association clients. In the April issue of , Ansell Grimm & Aaron Partner, and Chair of the firm’s Community Association Law practice area, David J. Byrne, Esq., called on his more than two decades of experience in the field to detail some of the unique aspects of the lien foreclosure process, as well compare that process with that of a residential mortgage foreclosure process.
Stacey R. Patterson, Esq. has been appointed to the Executive Board of Community Association Institute’s Hudson Valley Chapter. The CAI Hudson Valley Chapter serves the educational, business, and networking needs of community associations in the Hudson Valley New York area. Members include condominium, cooperative, and homeowner associations as well as those who provide services and products to associations.
The Superior Court of New Jersey recently entered a $2M, verdict against Silver Fox, LLC, and in favor of Falcon Ridge Condominium Association, Inc. Falcon Ridge is a 27 building condominium situated in Hamburg New Jersey. Silver Fox, LLC, is the successor sponsor and developer of Falcon Ridge.
Falcon Ridge originally filed suit in December 2011, asserting a variety of claims, including negligence, breach of warranty and breach of implied warranty. Falcon Ridge’s expert, Mitchell Frumkin of KIPCON, Inc., estimated that Silver Fox’s negligence and breach of warranty caused $1,782,000.00, worth of damage to Falcon Ridge’s owners and residents. The parties attempted mediation, but the matter was not able to be settled amicably.
After a two-week, non-jury, trial, the Honorable Frank J. Deangelis ruled that Silver Fox had negligently constructed common elements. He ruled further that Silver Fox breached both implied and express warranties, in regards to Falcon Ridge’s buildings.
Mark Wiechnik, Chair of Ansell Grimm & Aaron’s Community Association Law Group’s Construction Defect Practice, oversaw the litigation since its onset, and personally represented Falcon Ridge at trial.
For questions concerning construction defects or any other litigation matters, please contact Mark Wiechnik, Esq. by email at mmw@62q.f7d.myftpupload.com.
Stacey Patterson, Esq. will serve as a panel member in a roundtable luncheon discussion with property managers and homeowners, answering legal questions affecting New York community associations, as presented by the attendees. This event is hosted by the Community Associations Institute Hudson Valley. The luncheon will talk place at the Hyatt House in White Plains, New York on March 22 from 12:30 – 2:30 p.m. Attendance is free for property managers and homeowners. Please visit the CAI website for more details and to find out how you can register.
Rich Linderman (center) was honored at NJ CAI’s Annual Awards Dinner as both author of the year and for his work on the revamping the organization’s magazine Community Trends, as part of the Editorial Committee.
We are pleased to recognize that Richard B. Linderman, a partner in the Community Association Practice group for being honored as the Author of the Year by the New Jersey Chapter of Community Associations Institute at its Annual Awards Dinner on Feb. 17 at the Palace at Somerset Park.
Richard’s article for the December 2016 issue of CAI’s Community Trends magazine, “The Changing Shape of Our Neighborhoods” took a look at how the communities we build shape our lives and how they are shaping communities today. In addition to the individual honor, Richard is a member of the organization’s Editorial Committee, selected as Committee of the Year by NJ-CAI’s membership, after relaunching and improving Community Trends.
Along with Richard the committee members were, Robert Arnone, Mary Barrett, Joe Chorba, Dan Fusco, Bill Harvey, Melissa Lathrop, Angela Morisco, Kari Valentine and Committee Chairman Robert Roop of Lockatong Engineering, Rosemont. Congratulations to the Editorial Committee on your achievement and award!
Richard B. Linderman, Esq. will provide an overview of the Alternative Dispute Resolution process at Community Associations Institute’s Feb. 3 seminar at The Glen at Masons Creek, Hainesport, NJ. Alternative Dispute Resolution is required for community associations in New Jersey, and this program will provide an overview of what mediation is and how it is generally run.
Community managers will receive 2 hours of Continuing Education Credit for participation in the seminar which runs from 9 a.m. to 11:30 a.m. and is preceded by a continental breakfast and registration period from 8:30 a.m. to 9 a.m.
Please note, to receive the continuing education credits managers must register for the program from their individual member profile. Registration for the seminar is available online at CAI’s website.
Stacey Patterson, Esq. will be speaking on the topic of cyber security and its effects on the management and operation of community associations at Community Associations Institute seminars this month in Newburgh, N.Y. on January 25 and in White Plains, N.Y. on January 26. Please visit the CAI website for more details and to find out how you can register to learn more about this important topic.
