shining rock the real story

Dedicated to revealing the facts you won't hear from the sales pitches of Pulte or Shining Rock Development

Tuesday, September 29, 2009

interesting.................


NOTICE TO FAIRWAYS HOMEOWNERS
REGARDING FINAL INSURANCE REPORT
8/21/09
The Advisors recommend that all homeowners who have any open deficiency issues in
their units, put those issues into writing and send to Pulte Customer Relations.
Particularly those homeowners who experienced interior damage due to ice damming this
past winter need to document those issues in writing to Pulte. Please read pages 6-11 of
your Pulte Home Protection Plan as well as the HUD Addendum on page 45. Also,
please locate your Home Protection Plan Ten Year Limited Warranty Certificate of
Coverage (this is included in the papers you received at real estate closing). The
Certificate of Coverage contains your individual Warranty Enrollment number. You will
need this number in order to make a claim if Pulte refuses to correct the issue(s) itself.
Pulte put its name on the Home Protection Plan booklet; however it is actually the
warranty policy of Professional Warranty Service. You may find them on the internet at
www.pwsc.com
We have become aware of serious deficiencies with our roofs, inadequate insulation, and
missing or inadequate window flashings as a result of the insurance inspection completed
in June. As you know, the Pulte Board of Trustees refused to allow the Advisors a copy
of the final Insurance Inspection Report until after they had reviewed and negotiated it
with HUB International (our Master Policy Insurance Agent) and ARS Restoration (the
Insurance Inspection Company). On July 20, 2009, Pulte met with HUB International
and ARS Restoration Company at The Fairways. Attendees at this meeting were: David
Schreyack, VP Construction/Customer Relations, Pulte; Greg Gremo, General Manager,
Pulte Customer Relations, Rick Perini, Engineer with ARS Restoration; Richard Ward,
VP Risk Management Services, HUB International; and Aaron Geiser of Archer
Exteriors. The Advisors were NOT apprised of this meeting and happened to see the
group walking around the neighborhood with ladders and asked what was going on.
A Preliminary Insurance Report was received in late June. The Board of Trustees
instructed the Advisors that this report should not be used as it would need to be reviewed
by the Board as these types of reports often contained “misunderstandings and errors”.
We are including the Preliminary Report at this time as it contains photos of the defective
roofs that were not forwarded to us by HUB International with its Final Report. There
should be no “misunderstanding or errors” when looking at the roof photos. The final
insurance report was not made available to us until 8/13/09. It did not contain any of the
photos. Photos were not received until 8/18/09. The photos received were of interiors of
units only and did not include roofing photos. The final insurance report and some of the
photos are posted to the website for your review.
Six roofs were inspected and all six roofs had significant problems. The roofing,
insulation, and flashing problems do not just affect those homeowners who suffered this
past winter with interior ice damming damage. It could affect all homeowners at The
Fairways and could cause our insurance premiums to increase if we do not take action to
remedy known deficiencies. The Advisors have taken action with the Board of Trustees
regarding common elements. Homeowners must take action themselves regarding
interior issues such as insufficient or missing insulation in attic spaces and things like
missing or insufficient flashing around windows, for example.
According to the Professional Warranty Service Corporation and Pulte Home Protection
Plan, individual homeowners may not request remediation of construction deficiencies
pertaining to common elements (Home Protection Plan, Section F, sub-paragraph 6, page
11). Any such "claims" must be made by an "authorized representative" of the
condominium association.
At this point in time, and for the next two months, the current Pulte Board of Trustees is
the only authorized representative of our association. On August 13, 2009, the Advisors
sent an email to The Fairways Board of Trustees (Pulte Board members Reid Blute, Brian
Lupien, and Mark Mastroianni) requesting that the Board officially, in writing, request
from Pulte Homes of New England, LLC the following:
(1) That Archer Exteriors, under the supervision of Pulte personnel, inspect and repair all
roofing deficiencies on all 17 buildings at The Fairways prior to the winter season (i.e.,
prior to the end of October 2009). The Advisors felt that if six out of six roofs were
defective, there was a high probability that problems existed on most of the Fairways
roofs. Since the homeowners will not take over the association until early-to-mid
October, the roofing issues must be acted upon now in order to be remedied prior to the
winter season.
(2) That Pulte hire the appropriate personnel to remedy the drainage deficiencies
previously detailed to Pulte Customer Service regarding units on the odd-numbered side
of Clubhouse Lane and the first building on Linkside Court (1-7).
The Board of Trustees sent a letter to Pulte Homes of New England, LLC and attached
our email to the letter that same day (8/13/09). We have not heard anything back from
Pulte or the Board as to what action will be taken or when. The Advisors will follow up
within the next week or so. Individual homeowners need to write a letter to Pulte
detailing any interior issues.
Attached is a sample letter to give you the basic idea of what to include in your individual
letters and whom to send it to. Please edit and tailor the letter to your particular set of
circumstances and mail “Certified Mail – Return Receipt Requested”. You need to do
this in order to legally document your request to Pulte to repair/replace/bring up to code
whatever is wrong in your unit. If you do not receive satisfaction from Pulte in
correcting deficiencies, the Professional Warranty Service requires a copy of your written
request to Pulte should you need to file a claim. As you are aware, Pulte has required all
of us to call the Customer Service number to report problems. Unless you have been
very good about keeping a record of the date, time, and person you reported the problem
to and when they responded to the call, you do not have anything in writing to document
having requested service. So the letter we’re asking you to write will legally document
all remaining open issues.
We will keep the community updated as we learn of actions to be taken by Pulte and the
schedule that work will be accomplished by.
If you have any questions or concerns please contact:
***eliminated for privacy reasons******

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