Renaissance Tower condo owners file federal lawsuit

Standard
Renaissance Tower (left), Myrtle Beach, SC

This blog previously discussed the evacuation of Renaissance Tower condominium project in Myrtle Beach on October 7 because the building was deemed unsafe. The concern was reported to be the structural foundation of the 22-story building which is located just north of Ocean Lakes Campground.

The Sun News reported on October 14 that Horry County Code Enforcement posted a sign outside the resort that the building is unsafe, and occupancy has been prohibited. The paper also reported that residents received an evacuation letter from the management company stating that the steel frame within the foundation is in substantially worse condition than previously believed. The damage was apparently discovered during a repair project that had just begun.

A proposed federal class action lawsuit has now been filed by condo owners alleging the board of directors of the homeowners’ association and the management company of the project knew for years about steadily worsening damage to structural steel components supporting the building but failed to further inspect and repair the damage. These failures allowed the damage to worsen, according to the 34-page complaint.

The complaint further alleges that the building management company had known since 2016 that the foundation of the building was corroding. In 2016, an engineer was hired to perform an inspection and reported that the foundation was in “bad shape” and needed to be repaired or replaced. The complaint alleges that no repairs were made in response to this report.

After the collapse of the Champlain Towers South building in Surfside, Florida in June of 2021, according to the complaint, the HOA board asked the engineer to return and present repair options. The engineer determined that the conditions had worsened. On October 7 of this year, contractors determined that the steel was so corroded that the building was not structurally sound. Thus, the evacuation was ordered.

The complaint alleges that despite being left homeless, stuck paying for temporary housing, or deprived of income from a tenant, Renaissance owners now face more than $2 million assessment for repairs to the building’s structural steel as well as an unknown additional assessment for temporary shoring to make the building safe.

Like the Surfside, Florida building that collapsed, the Renaissance tower is an ocean-front project that is structurally supported by steel and concrete. The building remains unoccupied. The complaint alleges that some owners are homeless, and others are living in tents. Sales of units have also been stalled.

I would not be surprised to see additional inspections and lawsuits involving ocean-front projects.

Myrtle Beach condominium project evacuated

Standard

Several news sources have reported that Renaissance Tower condominium project in Myrtle Beach was evacuated on October 7 because the building was deemed unsafe. The concern is apparently the structural foundation of the 22-story building which is located just north of Ocean Lakes Campground.

The Sun News reported on October 14 that Horry County Code Enforcement posted a sign outside the resort that the building is unsafe, and occupancy has been prohibited. The paper also reported that residents received an evacuation letter from the management company stating that the steel frame within the foundation is in substantially worse condition than previously believed. The damage was apparently discovered during a repair project that had just begun.

This blog has discussed unsafe condominium projects earlier, most recently in June.  

I have recommended previously that all South Carolina dirt lawyers subscribe to the DIRT listserv run by Professor Dale Whitman of the University of Missouri at Kansas City Law School. Two updates from that service in June relate to problem high-rise projects.

First, a 50-unit condominium building in Waukesha, Wisconsin, Horizon West, has been ordered to be demolished by the Waukesha City Council. Professor Whitman reports that the building’s steel structure has been compromised by water infiltration, much like the collapsed Surfside project near Miami, and is considered a risk for collapsing.

The residents don’t have the funds to pay for the demolition, and the insurance company is taking the position that the building should be repaired, not demolished. The cost of the demolition has skyrocketed because of the presence of asbestos.

The units were valued at $90,000 to $140,000 according to Zillow, prior to the discovery of the defects. During the current high-priced housing market, it is not likely that the property owners will be able to replace their housing even if they receive their full replacement costs from insurance. It is a very sad situation, but, of course, not as sad as an actual collapse resulting in the loss of lives.

Second, Florida’s legislature has passed a law that requires regular building inspections and requires homeowners’ associations to maintain reserves. The act was unanimously passed by both houses, and Governor DeSantis signed the bill into law on May 26th.

Under the new law, inspections are required when a condominium building reaches 30 years of age and every ten years thereafter. For buildings within three miles of the coast, the first inspection is required at 25 years of age.

In addition, mandatory structural integrity reserve studies are required every ten years under the new law, and reserves are required to be maintained based on the studies. The power of the HOA to waive reserves was removed, effective December 31, 2024.

This legislation is encouraging and should be considered in South Carolina, particularly because of the existence of our numerous high-rise coastal condominium projects. The Renaissance project is an example.

The only downside I see about such legislation is that it will make condominium living more expensive and may price some retirees and lower-income individuals out of the market entirely. But, logically, the cost of maintenance should be factored into every residential property purchase. The ability of an owners’ association to waive reserves and thereby kick the maintenance can down the road is a dangerous proposition.