TRUMAN HOMES leaves home owner on their own...

[Bagor]

Originally Posted by undercoverbrother

But Cecil said.......he knows man, he knows.

And when you sell the costs of those upgrades are passed onto the new owner.

I don't think he necessarily agreed with you or disagreed with Cecil.

Cecil's point (I believe) was that where water damage is from a result of a failure outside the interior of walls and within the apartment (a sink) there is a strong possibility of personal responsibility as opposed to if the water damage was caused by faulty siding or roofs which would be included under common elements and therefore be the condo association's responsibility.

And what does the bolded part mean?

1. I install hardwood floors as an upgrade.
2. Condo burns down
3. Property is rebuilt to its original state (carpet)
4. I sell property

What costs of what upgrades are passed onto the new owner?

[doctajones428]

So why is it exactly you're having such a fit with these guys? It's been past the 12 months, they don't have to or are obligated to do anything about it at this point

[White Out 403]

Originally Posted by doctajones428

So why is it exactly you're having such a fit with these guys? It's been past the 12 months, they don't have to or are obligated to do anything about it at this point

Is that the case? Warrantys cover wear and tear. This would appear to be shoddy workmanship that was bound to fail. Seems a little different to me.

[V]

Legally it probably isn't. Truman probably figures they can wait out the storm and be fine for it.

[bizaro86]

Originally Posted by V

Legally it probably isn't. Truman probably figures they can wait out the storm and be fine for it.

IANAL, but if there is negligence, I don't think that's specifically a warranty issue is it?

[dissentowner]

Originally Posted by doctajones428

So why is it exactly you're having such a fit with these guys? It's been past the 12 months, they don't have to or are obligated to do anything about it at this point

Technically you are right. However the pure negligence on their build is beyond an obligation on their part. They hype their quality, they should do the right thing here. This is no small thing.

[CorsiHockeyLeague]

A warranty is a contractual promise to do something; e.g. if the product fails in a method covered by the warranty, the seller will do whatever they promised to do under that warranty provision.

Negligence involves the breach of a duty of care owed to someone. It doesn't depend on the existence of a contract. It doesn't expire, though there are limitation periods.

So yes, they're different things. I'm not saying either is or isn't applicable here, of course.

[undercoverbrother]

Originally Posted by Bagor

I don't think he necessarily agreed with you or disagreed with Cecil.

Cecil's point (I believe) was that where water damage is from a result of a failure outside the interior of walls and within the apartment (a sink) there is a strong possibility of personal responsibility as opposed to if the water damage was caused by faulty siding or roofs which would be included under common elements and therefore be the condo association's responsibility.

But what Cecil has failed to show is the what responsibility rest with Polak. As i posted, if the water escape was a result of something Polak did/didn't do, then yeah I can get on board with it being his fault.

I fail to see how the sink falling out is Polak's fault.

As I have said the Bylaws of the Condo corp will set out when the deductible can be applied against the unit owner. I am not saying that in Polak's case his bylaws do or do not say that. What I am saying is that Polak should be getting it in writing from his condo board/property management company, withh a specific quotation of the bylaws that allow for the charge back of the deductible. It isn't cut and dry (no pun intended).

I don't believe Cecil understands Condo v Unit Owner insurance.

And what does the bolded part mean?

1. I install hardwood floors as an upgrade.
2. Condo burns down
3. Property is rebuilt to its original state (carpet)
4. I sell property

What costs of what upgrades are passed onto the new owner?

In your example nothing, as the flooring that was put back is not an upgrade.


However,

>Unit Owner installs hardwood (rest of the condos have carpet)
>Unit Owner sells property to new owner
>5-7 years pass and then condo burns down
>property rebuilt to original state, including the unit upgrade (hardwood)
>current unit owner pays the upgrade (by extension the insurer of the current unit owner pays)

That is what I mean by the costs of the upgrades are passed on.

[FlamesAddiction]

Originally Posted by Bagor

I know. Wasn't attacking you ... just giving my thoughts.

Regarding the above to me that wouldn't be really a big issue and more of a case of the home inspector pointing out the obvious. At least the issue was rectified or it was left there as an easy start option for a later add on.

The bolded part I have a problem with. These guys all pretty much claim to be ex builders. Question is, for how long, what did you do, what trades are you certified in and most importantly why aren't they still doing it?
Is being a home inspector more lucrative than being a builder?

Maybe I'm still a bit jaded and bitter at the last one I used pointing out crayon marks on the wall or telling me that the toilets flushed ok. I'm willing to bet that checking under the sink for installation (straps etc) is beyond their scope and they're more focused on obvious things as rusting at the bottom of very old sinks.

Polak, don't know if it has been asked but what does your home inspection say with reference to your sink and was it an independent inspector or one through Truman or your realtor?

I get it. I know the home inspection business is a little unregulated. When I bought my first house, I went with the person the realtor recommended and they didn't do a lot and seemed to be selling it to me. I suspect there were some kick-backs happening. This time, I went with someone that was recommended from someone in my firm's building science group, and the guy was very thorough. He got into everything he could (the owner was already moved out). I am not sure how much the income difference is from being a builder and a home inspector, but in a city like Kingston, there isn't constant development. If you are a builder, you will be travelling a lot. Once someone wants to settle down, it isn't always the best line of work to be in.

Building inspections are still very limited though in that they only can inspect what they can see and they can't catch everything. They are one layer of security, but not comprehensive.

[polak]

I'm going to stay out the insurance talk cause I really don't know the answers. My bylaws made it sound like they can go after to me if they think it's my fault, but how they define what would fall under "my fault" is a bit of a mystery to me and the reason why I'm keeping my claim open until I get some answers from either insurance company (the question has been asked)

Originally Posted by doctajones428

So why is it exactly you're having such a fit with these guys? It's been past the 12 months, they don't have to or are obligated to do anything about it at this point

Because, in summary:

A) I feel this is negligence and that the sink was incorrectly installed from day 1. This isn't something that would fall under expected wear and tear. The sink failed after 15 months, that's unheard of.

B) I also think it BS that they told all of the owners in my building we had extended coverage under the ANWHP when we didn't.

[llwhiteoutll]

Originally Posted by polak

B) I also think it BS that they told all of the owners in my building we had extended coverage under the ANWHP when we didn't.

How was it communicated to you that Truman was going above and beyond what they were required to do in terms of the warranty? If it was the same rep you did the document "review" with saying so, it would be pretty much meaningless. You'd need something written, even then it would be a fight since the rep most likely would not have the authority to bind Truman in terms of warranty.

Have you located the warranty dates within the paperwork you were provided with?

[Northendzone]

I read that polak was going to survey the other condo owners to see how their sinks were installed - did the survey happen and what were the results (sorry, I am too lazy to go thru 25 pages of posts)

[Manhattanboy]

Originally Posted by polak

In other news, the mayor wants more information, how does one open a letter to the mayor? Dear Mayor Nenshi?

How about "Dear Pouty Face"?

[Bandit]

We bought a Truman built condo a year ago. Due to some similar issues, some of us have been researching Truman and we have discovered some interesting info regarding another condo in our area. I don't want to comment on it here, but if Polak wants to pm me I believe I have some info that could be beneficial to you.

[polak]

PM'd you Bandit.

Thanks guys for all of the support on this. Still have a couple of irons in the fire regarding this issue so hopefully something comes of this.

If anyone has any questions regarding this Truman Homes debacle feel free to email the account that is linked to my twitter or just message me on there. Here is the link: https://twitter.com/PatrickMisiek

You guys have been awesome.

[Clarkey]

Why are you tipping your hand to the builder by posting real time updates and your strategy online?

[pgsieve]

Decided to leave a few comments on some of their most recent twitter posts. Can't believe they have been silent about this

[taco.vidal]

Polak, did they serve you with a cease and desist? Whats going on?

[calgarygeologist]

Originally Posted by taco.vidal

Polak, did they serve you with a cease and desist? Whats going on?

Polak has left us apparently. He divulged too much information and feared for his life.

[Robbob]

Probably buried in a foundation somewhere. Although with their alleged craftsmanship he will be found sooner rather than later.