JUST IN
The new homeowners of Riverwood Chase in Toms River have just filed a major lawsuit alleging that their developer - aided by their previously developer-appointed association board - majorly scammed them with shoddy work, FAA News has learned.
According to the civil complaint just filed in New Jersey Superior Court in Ocean County by Hamilton Attorney Andrew J. Podolski, Esq.:
The Riverwood Chase condominium community is a 200-unit, 28-building residential townhouse development located at the intersection of Cox Cro Road and Rio Grande Drive in Toms River. It is currently managed by Riverwood Chase Condominium Association, Inc.
Nobility Crest was the sponsor/developer entity (the “developer”) which created, designed and constructed the site, units, and common elements of Riverwood Chase. Gerald Cernero is a principal of Nobility Crest.
NVR was a builder that constructed at least 144 of the 200 units as well as the common elements.
NVR-AS was the architect and provided the design and construction administration responsibilities during and relating to the construction.
The developer created the condominium, and oversaw and participated in the design, construction and initial management of the residential dwellings and common elements.
The developer also established the Association to own, administer, manage, operate, maintain, repair and replace the common elements of the development.
During the initial years of its existence, the Association was dominated and controlled by the developer by way of a developer-appointed board.
This developer-appointed board was responsible for effectuating, overseeing and participating in the design, construction, maintenance, and sale.
The new homeowners eventually took control of the Board of Trustees of the Association after the developer had already closed on the sale of seventy-five percent of the units.
The new association board has discovered deficiencies in the design and construction of the common elements. During the time the developer controlled the Board of Trustees, the Developer failed to discove, disclose, maintain and correct these defects and deficiencies.
The Association had engineering and architectural consultants, dC Engineering Inspections, LLC (“DCEI”) perform preliminary investigations of the exterior cladding, roofing system, windows and doors, and other common elements. Preliminary investigations by DCEI revealed improper design and construction, to the following: manufactured stone veneer exterior cladding; PVC trim board and panels; vinyl siding; sealant; roof; attic issues; deficiencies with the stormwater detention basin, sidewalk cracking and delamination, deficiencies with the catch basins (storm inlets), street signage and lighting, improper grading, drainage and inadequately stabilized soils, recreation area not installed (temporary parking lot still in place), deficient porous parking stalls, deficiencies in the internal roadways; as well as numerous deficiencies in the landscaping.
The complaint alleges five counts: i) negligence / professional malpractice, ii) breach of express warranties, iii) breach of implied warranties, iv) breach of fiduciary duty, and v) breach of PREDFDA warranties.
The suit demands judgment for compensatory damages; consequential and incidental damages; reasonable attorney’s fee and costs; and for such other and further relief as is equitable, appropriate and just.
The developer has 35 days to answer the complaint.
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