HILLSBOROUGH COUNTY, FL. – Fortune 500 company D.R. Horton, the nation’s largest homebuilder based on sheer volume of homes built, has been sued by the homeowners’ association for the Town Homes of West Bay Cove located in Town n’ Country.
Co-defendants in the case are Costa Homes and Town Homes of West Bay Cove (WBC).
The lawsuit states the co-defendants – the developers and general contractors overseeing the progress and completion of the residential project – not only violated the Florida Building Code, but also breached their fiduciary duties, violated the Florida Deceptive and Unfair Trade Practices Act, breached their contract and third-party beneficiary and breached implied warranties.
Negligence is also a count in the case.
Construction of Town Homes of West Bay Cove appears to have been completed in 2012. The lawsuit alleges that since that time, continuous and progressive damages throughout the property and its townhomes have occurred from negligent and defective construction, including roofing and stucco system defects, fenestration defects, waterproofing, and structural defects, painting, grading and drainage defects, site work defects and material and workmanship incident to the installation of such defective components and systems.
The homeowners’ association indicates in its legal complaint that the collective neglect of the co-defendants who served as developers and general contractors has caused community-wide water intrusion damage to a long list of structural and property components, ranging from building exteriors, framing and sheathing, building lath, drywall and paint, interior and exterior finishes, soils by erosion and differential movement, damage to concrete slabs and walkways, driveways, streets and sidewalks, damage to site work, and even more.
The homeowners’ association also describes the effects poor development and construction have had on townhome buyers and renters. It complains that D.R. Horton “knowingly or negligently structured the finances of the Association such that the Association would not have adequate reserves to pay for the maintenance of the Association and/or correction of the defects herein alleged, so as to keep the Association’s dues artificially low making the individual dwelling units in the property more attractive for sale.”
Some townhome owners and renters have been reportedly displaced due to damages and needed repairs and non-functionality of components. The defects and deficiencies are claimed to have been impossible for buyers or renters to detect at the time of sale or lease.
The homeowners’ association is demanding a trial by jury. Their attorneys are Stephen Hauptman and Kevin Leveille of Angius and Terry LLP of Palm Harbor. Neither attorney responded to inquiries.
Spokespersons for D.R. Horton also could not be reached.
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