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Developers sued over sinking California condominium

Multiple lawsuits have been filed against developers over a California condominium that has been sinking. Dubbed the "Leaning Tower of San Francisco", it had been predicted by the project's engineer that the building would sink a maximum of six inches. However, when the building was completed in 2008, it had already sunk that far. The San Francisco City Attorney, Dennis Herrera, says that the developer was aware of this before the condominiums were sold but did not tell buyers.

Herrera is one of the parties named in the lawsuit filed by 20 homeowners. Others named in the suit are the Transbay Joint Powers Authority, the San Francisco Department of Building Inspection and the developer Millennium Partners. On March 29, the Millennium Tower Homeowners Association also filed a lawsuit. According to the lead attorney in that lawsuit, according to state law, only the HOA has the authority to pursue damages for the needed repairs.

The building attracted affluent buyers. It includes a cinema, a gym, and a restaurant, and its penthouses sold for over $13 million.

A property owner who is having a dispute with developers, other property owners or with a homeowners association might want to consult an attorney about the situation. It may be necessary to demonstrate that developers were negligent in some way for a lawsuit to be successful. Homeowners associations may have an extensive list of bylaws that may cause them to run into conflict with property owners or that may cause a neighbor dispute among property owners. A homeowners association may also need legal representation in certain disputes.

Source: Insurance Journal, "Homeowners Association at Sinking High-Rise in San Francisco Sues Developer", Kristin J. Bender, March 31, 2017

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