Wednesday, August 13, 2008

Dream Home Wet Reality

1717 S. Prairie Avenue Tower Building residents bought something they didn’t get. Instead of a dream home with a view on Lake Michigan the residents got leaking windows, erratic pipes and skyrocketing assessments. Let alone the emotional trauma.

The battle between the residents and the developers Warren Barr and William Warman of 18th Prairie II LLC Legacy started in 2004, only two years after the completion of the building. At first by picketing in front of the sales center of the LLC and now through a lawsuit filed at Circuit Court of Cook County the residents are trying to hold the developers responsible on 16 counts.

Among them are documented facts that during the course of the sales of units the developer knowingly and purposely misrepresented that the building had severe water infiltration problems.

If you are wondering where the constructors and the city inspectors stand in this rather complicated situation… Well, the residents state that the city claimed they “didn’t have enough inspectors” to come and ensure the building was fit for occupancy.

It s interesting how we think and talk about the city. As if it is an absolute power or just something we can not deal with. This case was not an exception. The city and its negligent inspection policy stays excluded as a participant and responsible side.

The constructor and the developer are accusing each other but it is the developer the residents were initially dealing with. So, all the rocks fall on the developer.

Residents accuse Warman and Barr of reprehensively using Association funds to pay their expenses which were not reimbursed to the Association.

The high-rise has 177 condos ranging from 900 square feet starting at $285,000, to 2,500 square feet priced at $1.5 million. At present only four of the 177 units are not occupied. The developers were not paying assessments for the unsold units, thus depriving the Association of assessment income.

Official documents establish that the developer owes and declines to pay the Association charges for natural gas, electrical service and scavenger service and for real estate taxes from 2003 and 2004.

And this is only a modest enumeration of developer’s renowned inadequacy.

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