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Article Courtesy of The
Palm Beach Post
By Mike Diamond
Published August 24, 2021
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Three separate lawsuits have been filed against Toll Brothers, a
Pennsylvania-based homebuilder, for alleged construction defects at Jupiter
Country Club.
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The Toll Brothers
development consists of 407 single-family homes and 149
condominium units. Some of the homes at the country club
sell for more than $2 million. At issue is the condition of
the community after the homebuilder relinquished control of
the development in January 2019.
The HOA, in one lawsuit, and two condominium associations,
in a separate lawsuit, have alleged that “large sums of
money” will have to be spent to remedy the defects. They
want Toll Brothers to address the issues.
And FedNat Insurance Company has filed a third lawsuit
blaming the builder for a pipe burst inside a wall of a
single-family home in the development causing $126,000 worth
of damage. The insurer alleges that Toll Brothers failed to
properly install a water supply line, causing a flood
throughout the residence. FedNat paid the claim and now
wants Toll Brothers to reimburse it.
The HOA lawsuit
alleges defects related to construction of lakes,
landscaping, water features, sidewalks, pavers and
pavements. HOA inspections found that there is “inadequate
capacity of gas lines to support the community.” They also
allege cracks inside storm drains, that an excessive amount
of construction debris was left in drainage pipes and
electrical equipment was not properly grounded. |
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The Grand Club was built in 2014 in Toll Brothers'
Jupiter Country Club.
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The lawsuit further alleges the HOA was unaware of the defects until they
hired “independent experts” to review what was done. Also alleged is that
Toll Brothers failed to properly manage the development when the homebuilder
controlled the HOA and that a required audit was never provided at the time
of turnover.
“(Toll Brothers) squandered association funds to pay for financial
obligations unrelated to the operation of Jupiter Country Club,” according
to the HOA lawsuit filed by the Boca Raton law firm of Sachs, Sax and Caplan.
Condominium Associations II and III, in their lawsuit, cited an engineering
report that found balconies with inadequate drainage, inadequately sloped
stucco walls, cracked baseboards and drywall, upside down and missing
insulation, and the presence of radon gas. The condominium associations have
also named the HOA as a defendant in its lawsuit.
Toll Brothers has filed similar responses to the lawsuits filed by the HOA
and the condo associations, arguing that reasonable efforts to mitigate
damages were not undertaken and it was not given an opportunity to make
repairs. It alleges that the condo associations and the HOA failed to
properly maintain their common areas after turnover.
And, Toll Brothers, says some of the damages sustained may have been due to
an “Act of God” that resulted in strong winds from hurricanes and tropical
storms.
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