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HarborView owners association in contempt
A Baltimore Circuit Court judge has found HarborView Towers owners association in contempt and ordered it to pay a tenant $15,543 a month for 18 months for failing to make repairs to prevent water damage in the time established through arbitration.
The 100 HarborView Drive Council of Unit Owners, which is responsible for maintenance and repairs of common elements at HarborView Towers, was supposed to replace the building’s balcony railings to prevent further damage to a condominium owned by James W. Ancel Sr. by Dec. 30, 2013. But Judge Emanuel Brown found the repairs had not been made and that the council is in constructive civil contempt. If the repairs are not made by 2 1/2 years from January 2014 the monthly amount will be increased to $25,000.
“In this instance I think the meaningful aspect of [the order] for the condominium, because the award my client received in arbitration and then was confirmed by the Circuit Court and affirmed on appeal, involved repair of the common elements, which is essentially the entire facade of the building and the roof from top to bottom. So, in that regard it really impacts all of the owners because it involves everyone’s interests in the common elements and the state of the building,” said attorney Raymond Daniel Burke, a principal at Ober/Kaler.
Ancel, a general contractor with an eponymous Towson-based company, initially sued the owners association in 2010 for $5 million. He alleged the council’s slow response to water leaks resulted in an airborne mold entering his 27th floor condominium.
In 2011, an arbitration panel of three retired judges awarded Ancel about $818,000 in damages and $433,000 for alternative living expenses because interior repairs couldn’t be completed until the exterior improvements were made. The panel also ruled the council must repair Ancel’s condominium.
John Cochran, the president of The Harborview Towers Council of Unit Owners, issued a statement touting recent improvements to the building and expressing optimism that required repairs will be made in a timely fashion.
“While we look forward to putting to rest past legal issues, including the recent order from the Baltimore City Circuit Court, renovations are continuing and we anticipate the work to be completed within the timeline identified,” Cochran said.
Ancel is not the only tenant to sue HarborView’s owners association regarding damage to properties caused by leaks. Paul C. Clark has also filed lawsuits regarding damages to his home. He alleged fraud pertaining to a resale certificate. But that lawsuit was thrown out of court by Baltimore Circuit Court Judge Lawrence Fletcher-Hill in 2012. Clark, who is now represented by Burke, filed another lawsuit in March of 2013 alleging breach of contract and negligence.
The 249-unit building, one of the first residential units built along the Key Highway waterfront, was completed in 1993. The building has recently invested $6 million in exterior renovations including a new roof, upgraded water-proofing and a state-of-the-art mechanical systems. Interior renovations of guest suites, banquet room and fireside lounge are also underway.
Last month Mayor Stephanie Rawlings-Blake and residents celebrated the official re-lighting of the three-story beacon on top of the building that produces light shows that are visible from surrounding neighborhoods and Interstate 95.
