Edgewater Isle Homeowners Association Enumerates Defects with Association's Buildings
Buried in the Court files is the Statement of Claims that Edgewater Isle Homeowners Association maintained were defects with the property. Below is the first 5 pages: for the complete document, see listing in right column.
MICHAEL B. ALLEN - CSB #81550
Attorneys for Plaintiff
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF SAN MATEO
EDGEWATER ISLE HOMEOWNERS
THE ANDEN GROUP, et al.,
AND RELATED CROSS-ACTIONS.
Case No.: 388872
STATEMENT OF CLAIMS
The project consists of 224 units. Attached to this Statement of Claims as Exhibit A is a listing of units by building type and Exhibit B lists units by unit type. Each listing may be used to determine the configuration and location of any unit at any address.
There are many configurations of unit types by building and building type. For general information, following is a summary
and general description of units and buildings.
Per Exhibits A and B there are nine (9) building types. The buildings are two story wood frame type V non rated over P.T. slab on grade. There are one and two story units. Garages are located at the first level. There are some separate single story garage buildings.
There are 28 separate residential buildings, each of which contains garages and 5, 7, 8, or 9 residential units each, depending on configuration. The majority of the buildings are A types, containing 8 units each and B types containing 9 units each.
In general, first levels are stucco exterior, and second levels are hardboard siding exterior. Each building has a combination composition shingle and tar and gravel roof. Buildings are divided by Area Separation Walls. There are no fire sprinklers at residential buildings. Second level units are served by exterior stairs, precast treads on wood stringers, and electrometric entry decks with metal picket guardrails.
Type 1 unit: (46 total) (floor area per unit = 766 sf) Second story single level unit with entry deck and stairs.
Type 2L unit: (36 total) (Floor area per unit = 1,117 sf) First floor (slab on grade) single level unit.)
Type 2U unit: (36 total) (floor area per unit - 1,117 sf) Second level single level unit above type 2L, with entry deck and stairs (shared with unit type 1). Identical layout as type 2L.
Type 3 unit: (45 total) (Floor area per unit = 1,173 sf) Two level unit.
Type 4 unit: (52 total) (Floor area per unit = 1,452 sf) Two level unit.
Type 5 unit (9 total) (Floor area per unit = 800 sf) Modified type 1 unit, second story single level unit.
INFORMATION RELIED UPON IN
PREPARING THIS STATEMENT OF CLAIMS
A. Plans and Specifications
B. Investigation and testing by Douglas G. Curtis Co. and Robert W. James, Architect.
C. Preliminary Statement of Damages by Robert W. James, Architect, dated 9/13/95.
D. Field reports and existing conditions reports by Douglas. G. Curtis Co.
E. Estimate to correct breakdowns.
F. Photographs of existing conditions.
G. Floor level survey reports.
H. Results of earth borings by Earth Investigation Systems, Geotechnical Consultants.
I. Homeowners' survey responses and tabulations.
J. Miscellaneous supporting data.
INVESTIGATIONS AND RESULTS
In 1992 Douglas G. Curtis Co. performed floor level surveys in selected buildings following homeowner complaints of water
intrusion from broken water heaters at the first floor (slab on grade) level.
The buildings surveyed exhibited symptoms of ongoing moderate "slab curl", i.e., differential foundation settlement, to varying degrees. Slab curl is indicated by floor elevations and sticking and self-closing doors.
Entry decks appeared rotted in certain areas, and entry stairs appeared to be installed improperly. Some interior cracking was observed.
In 1993, Curtis Co. inspected Building 18. Building 18 shows signs of severe distress. The severity of slab curl at building 18 is such that reconstruction of that building is recommended. Borings were taken by Earth Investigation Systems in 1994, and a report of findings issued.
Curtis Co. and Robert W. James, Architect, investigated the buildings and gathered data to support this Statement of Claims.
Exhibit C attached hereto and incorporated by reference lists the deficiencies at Edgewater Isle Homeowners Association (North) and Exhibit D attached hereto and incorporated by reference is an estimate of costs to correct these deficiencies.
Plaintiff's current damage claim is in the amount of $11,631,826.00. This number is likely to increase by a small percentage due to continuing investigations involving water lines, site lighting, and, ancillary facilities (swimming pool,
pool building, and, garage buildings).
|DATED: September 15, 1995||
LAW OFFICES OF MICHAEL B. ALLEN