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Complaints about home lead to exile from
Villages
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COURTESY :
The Orlando Sentinel By
Lisa Emmerich
Published December 21, 2004
THE
VILLAGES - Diane Wolensky is no longer welcome in this giant retirement
community that bills itself as "America's Friendliest Hometown," after
she complained about the quality of her new three-bedroom home.
It all started about a year ago, when Wolensky, her mother and grandmother of
Ohio moved into a custom-built home they thought would fulfill their dreams.
They were attracted to The Villages, a megadevelopment northwest of Orlando,
because it offered a slew of activities. They were impressed with the pools,
golf courses and clubhouses, and they wanted to live in the sunshine.
But the women began to notice flaws in their home the day they moved in. Carpet
was not tacked down in some corners, tile was laid crooked, molding was nicked
and dented. Arched doorways meant to be 30 inches wide were 28 inches wide,
preventing them from moving furniture into certain rooms.
"They painted a really nice picture," Wolensky said. "And then
when we got here the picture wasn't what it was cracked up to be, to say the
least. I picked up and came all the way across the country to move here, and it
was a disaster."
Developers ultimately agreed to buy back the home under the condition that
Wolensky could not purchase another new one in the community. Wolensky said she
felt she had no choice but to accept the terms of the contract.
Real-estate experts called Wolensky's situation highly uncommon. Buybacks
happen, but a developer shutting out customers is unheard of, they said.
"Builders do punish people who complain sometimes, but I can honestly say I
don't know of anybody that has gone through something like this where they
couldn't buy another house in the community," said Nancy Seats, president
of the Homeowners Association Against Deficient Dwellings, a group that assists
consumers in resolving problems with their homes.
"This is just an extremely unusual situation."
Wolensky, 44, called Villages officials to complain as soon as she noticed
problems such as light seeping into the garage from outside between the wall and
the floor. She also called an inspector, who produced a report detailing roof
and drywall damage and problems with the slab, among other things.
Representatives from the builder came out and offered a solution: the women
could move into the front room of the house while workers tore down walls and
ripped up tile and linoleum in the master bathroom. The other problems would be
fixed one by one.
But Wolensky thought her house should have been built properly in the first
place, and she was upset that the developer expected her to live amid
construction dust while fixing problems that never ought to have existed.
Eventually, Wolensky got the ear of someone who mattered: Jennifer Parr, The
Villages director of sales. Parr visited their home, but they could not come to
an agreement.
"I was really looking forward to her coming here," said Wolensky, who
moved from California. "I was told she was a sweetheart like her
grandfather [developer Harold Schwartz] and she would do anything to help the
customer."
Instead, Parr offered to buy the home back from the women.
"OK, then we'd like to build another one," Wolensky said. But Parr
said no, according to Wolensky.
"Why not? What's wrong with us?" Wolensky asked. She recalled that
Parr then told her The Villages couldn't build anything that would satisfy
Wolensky.
A November letter from Parr finalized the offer to fix warranty problems or buy
back the home. It said if the buyback option was chosen, "The Villages
would not be in a position to construct and/or sell a new home to you," the
letter said.
Parr and other Villages officials did not return numerous phone calls seeking
comment.
The letter ended the women's dream to live together in The Villages, now home to
about 45,000 retirees and growing by more than 3,000 homes each year.
Wolensky's situation was particularly unusual because it's the developer -- not
the builder -- who has barred Wolensky from buying a home in the community. She
can't buy a home from any other builder in the community because the developer
acts as a clearinghouse for all contractors in The Villages.
Janet Ahmad, president of a group called HomeOwners for Better Building, said
Wolensky should count her blessings.
"She's fortunate for getting it bought back," said Ahmad, whose group
works to encourage strict regulation in the homebuilding industry. "But she
is being deprived of where she wants to live. As punishment for buying a bad
house, she can't live in that community forever and ever."
The Villages closed on Wolensky's home last week, and Wolensky also signed an
agreement saying she wouldn't sue them for anything related to the situation.
She said she will move to Ohio temporarily but she plans to return to Central
Florida to find another home -- one without defects.
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