Cheaper Burlington condo fix is ‘minimum repair’: engineer
The Hamilton Spectator
07 April 2016

BURLINGTON— The engineer who recommended multimillion-dollar repairs to prevent the collapse of a crumbling condo that's the focus of lawsuits now agrees there's a cheaper fix.

But it's far from ideal, suggests Stephen Blaney, who was hired by the 2411 New St. condo corporation in 2009 to assess structural problems in the building.

"This is what you call the minimum repair."

That involves reinforcing bowing concrete floor slabs in at least 15 of the worst units with carbon fibre straps for an estimated $670,000 to $770,000.

The city publicized the cheaper option this week after a newly formed association of condo residents launched a website, 2411newstreet.ca, drawing attention to their troubles.

Residents say they didn't know about the structural problems when they moved in. Since then, they say, property values have plummeted and their units aren't marketable.

I can't sell my place

"I can't sell my place," said Colin Brown, who bought in 2001 for $108,000.

The residents want the city to buy them out at fair market value, circumventing legal battles that have named the municipality, an east-Hamilton real estate firm, property manager and a litany of other defendants.

None of the allegations have been tested in court. Defendants have formally denied the claims and, in turn, are suing each other.

The city disputes Blaney's earlier opinion that the building required millions in structural work.

City manager James Ridge says mediation involving the defendants and the condo corporation led to the "agreed-upon remedial work."

"The City remains in litigation with the Condo Corporation. Mediation was undertaken last year and we are cautiously optimistic that a settlement is possible," Ridge said in an email Wednesday.

It's not clear which parties have agreed. Guelph-based lawyer Robert Downhan, who represents the condo corporation, declined to comment on the mediation.

Laura Hillyer, whose Burlington firm represents 26 units in a lawsuit that also implicates the condo corporation, wouldn't say whether clients have agreed to the cheaper solution.

But she noted they have made claims for "diminished property value."

"These losses will continue in spite of any repairs undertaken — they really are separate issues."

In 2009, Blaney reported concrete slabs weren't thick enough to support a six-storey apartment block that wasn't constructed to code in 1965, nor was the building up to snuff when Megna Real Estate converted it to condos in 1998.

"In order to try to settle, I agreed we'd better try to do some minimum repairs because the building's not safe, in accordance with the building code. Let's get going," Blaney said Wednesday.

That will make the building safe, "but there are still other structural deficiencies."

In a news release, the city maintained the building was built to code and hasn't shown "any sign of structural failure" for 50 years. Also, the building is "structurally sound now."

That doesn't wash with Blaney, who questioned why the city would advocate a $770,000 fix if the building had an "adequate factor of safety."

The city has expressed sympathy for the residents' plight but also said the "decision to defer necessary, preventive maintenance was made by the condo corporation."

Blaney says no "preventive maintenance" could have addressed the structural problems. "No, it was a latent defect in the building, from the day it was constructed."

Ted Griffith, a Burlington resident who's helping the residents in their pitch for a fair market value buyout, says the city is "victim blaming."

"It's not a preventive maintenance issue. It's structural."


COMMENTS
By Warren   April 08, 2016
Its interesting Griffith is not even officially representing the condo owners as per the letter from the City. The value of the condo is zero. The land value is negligible as the building is positioned on its side facing new street severely limiting its potential to be developed. The notion owners receive a "fair" value payout from the City is a time waster. "Fair value of what? Zero ? This has been in litigation since 2009. The condo board should do the right thing and secure its own sale of the property, sell it and disperse whatever money is left to the owners. They own the property not the people of Burlington.

By mike   April 07, 2016
these people are in dreamland, blame everyone except themselves for the problems with the building, 50 year old structures will need repairs and it looks like the condo corporation just ignored repairing anything,are all the tenants just ignorant of repairs staring them in their face. I've noticed a bunch of rental bldgs. the same age on the mountain being repaired with similar issues.

By mush   April 07, 2016
This building is the responsibility of the owners. It is the same as someone buying a house, letting it deteriorate for 20, 30 or 40 years then blaming the builder. Nonsense.

By mush   April 07, 2016
As has been stated in previous comments regarding this story... this is a condo. There has always been a 'corporation' to manage the condo and any repairs. This corporation collects fees and designs a maintenance schedule. The damage visible in the photos did not happen overnight and it is the result of neglect. These people only have themselves to blame for the positions they find themselves in.


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