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Article Courtesy of The Palm
Beach Post
By Mike Diamond
Published November 15, 2024
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Another homeowner’s association in Palm Beach County — Boca Bridges — has sued
GL Homes for construction defects, the fifth time the county's largest
homebuilder has been taken to court by an HOA since 2008.
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The Sunrise-based
developer has built more than 10,000 homes in Palm Beach
County in the past 25 years.
Once the residents assume control of a development, it is
customary to have an architect and engineer review the
condition of common areas such as sidewalks, pools and
clubhouses. Based on the reports, the resident-controlled
HOA will then negotiate with the builder to make repairs.
In most instances, the builder and the HOA come to terms
with what needs to be done without litigation. But that was
not the case with Boca Bridges, a 504-unit, high-end
development reserve of Boca Raton that GL Homes turned over
to homeowners in September 2022.
Boca Bridges filed a lawsuit this year in Circuit Court
alleging major construction defects involving the clubhouse,
resort-style pool, fitness center, spa, tennis courts,
indoor sports court, splash waterpark, roadways, entry
features and fountains and the guardhouse.
A spokesman for GL Homes said its policy
is not to comment on pending litigation. |
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Boca Bridges encompasses approximately 7 acres west
of Boca Raton, consisting of over 500 luxury one- and two-story
homes.
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It has has yet to file an answer to the complaint. In previous
construction-defect lawsuits, GL Homes has argued that the fault for the
defects rested with the HOAs and the issues occurred after it turned over
the development to the community.
Boca Bridges filed a 157-page complaint based off the findings of its
engineering firm, West Palm Beach-based Epic Forensics & Engineering. In
addition to suing the GL Homes affiliate, Boca Ration Associates VII, it
also named as defendants contractors hired by the affiliate, including R.A.
Kamm & Associates and Structural Design & Inspections. Kamm served as the
developer’s mechanical, electrical and plumbing engineer. Structural Design
served as its architect. Emails seeking comment were sent to Kamm &
Associates and Structural Design.
The lawsuit claims the HOA did not discover the alleged defects until after
GL Homes turned control of the community over to the residents. The lawsuit
alleges the homebuilder “committed material code violations” and that
additional deficiencies may be discovered through more testing.
Boca Bridges consists of 504 residential units. Single-family homes there
sell for as much as $3 million. The alleged defects do not involve the
construction of the residences. They include roofing, stucco, plumbing,
water features, flooring, pavers and sidewalks. The engineering report also
found issues with drainage. The defects, according to the engineering
report, involve “incorrect or incomplete work, poor workmanship, or design
errors.”
The engineering firm found exposed wiring in the clubhouse and improper
installation of electrical boxes. It also reported that the pool deck was
improperly sloped and that pavers were improperly installed, creating a
tripping hazard.
GL Homes has had to fend off other construction-defect lawsuits since 2008.
One involved Tuscany Homes, west of Delay Beach; the suit was settled for
$150,000. Another involved Valencia Reserve, which settled for $850,000.
Settlement terms for lawsuits involving Seven Bridges, located near Boca
Bridges, and Valencia Pointe were never disclosed.
The alleged construction defects cited in the lawsuits filed by the other
communities are similar to those filed in the Boca Bridges lawsuit.imilar GL
Homes cases in Palm Beach County have been settled out of court.
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