Developer is sealing my storage unit

[jzauner]

I'm from Florida.

I bought my condo two years ago. I negotiated a storage unit with the condo purchase. It is in the contract documents that I signed with the developer. It is a large storage unit that can hold two bicycles and two surf kayaks.

Yesterday the developer informed me that I needed to move all my belongings from my storage unit because it was not in compliance with the city fire code (the storage unit, not my belongings) and he needed to sealed it to avoid being fined. He said, after I moved everything out we could discuss a "fair market value" for the storage unit and he would compensate me accordingly.

I have not moved anything nor do I plan to. He indicated that he would seal the storage unit with my belongings inside it.

Of the building's six units, the developer owns five. He said the building will be condemned if I don't comply with his wishes. Currently I'm $50k upside down in my mortgage, so I don't really care if the building is condemned.

I looked online and he will be fined $5,000/infraction starting Jan. 24 and $1,000 every day after.

Since I bought the condo with the storage unit, if he now can not deliver the storage unit, isn't he in breach of contract?

Additionally, since since he's facing fines for every day he is not in compliance, don't I have him over a barrel?

[Zigner]

He offered you monetary compensation. Why don't you take that money and use it to pay for a storage unit?
Will he seal your stuff up inside? Maybe. SHOULD he seal your stuff up inside? No. In any case, why are you trying to make things harder on yourself in the long run?

[jzauner]

Originally Posted by Zigner

He offered you monetary compensation. Why don't you take that money and use it to pay for a storage unit?
Will he seal your stuff up inside? Maybe. SHOULD he seal your stuff up inside? No. In any case, why are you trying to make things harder on yourself in the long run?

He offered me $1,000. Based on square footage rates, it's worth $13,000.

Additionally, what will I do with my two kayaks and two bicycles? I live two blocks from the beach. Kayaking and bicycling were reasons we moved to the beach and bought that condo. Now I'll have no place to put them.

The way I see it, I own property he wants. Shouldn't I determine a price?

Also, do you think it's wise for me to move everything out of the unit, let him seal it up and then negotiate a price?

[BlondiePB]

Originally Posted by jzauner

I'm from Florida.

I bought my condo two years ago. I negotiated a storage unit with the condo purchase. It is in the contract documents that I signed with the developer. It is a large storage unit that can hold two bicycles and two surf kayaks.

Yesterday the developer informed me that I needed to move all my belongings from my storage unit because it was not in compliance with the city fire code (the storage unit, not my belongings) and he needed to sealed it to avoid being fined. He said, after I moved everything out we could discuss a "fair market value" for the storage unit and he would compensate me accordingly.

I have not moved anything nor do I plan to. He indicated that he would seal the storage unit with my belongings inside it.

Of the building's six units, the developer owns five. He said the building will be condemned if I don't comply with his wishes. Currently I'm $50k upside down in my mortgage, so I don't really care if the building is condemned.

I looked online and he will be fined $5,000/infraction starting Jan. 24 and $1,000 every day after.

Since I bought the condo with the storage unit, if he now can not deliver the storage unit, isn't he in breach of contract?

Additionally, since since he's facing fines for every day he is not in compliance, don't I have him over a barrel?

Call the Fire Marshal/Assistant Fire Marshal and ask for the report. It's a public document. Who knows, perhaps the entire story told to you by the developer is fabricated.

[jzauner]

General info:

I talked with a lawyer.

If the developer needs to move my belongings to seal the storage unit to meet the fire code he has to do so at my convenience, under my supervision and to a storage facility of my choosing. And only after we have reached an agreement on the breach of contract issue.

He will be in breach of contract. How much so depends on the exact wording of the contract and how that applies to my situation. Minimum, the developer will have to pay upfront my storage costs for 30 years. He will also get nicked for the inconvenience I will endure by having my storage unit some place other than under my condo. Maximum, this could completely void our deal and he would have to buy the unit back for what he sold it for.

I don't feel sorry for this guy. He has a track record of lying to me and breaking promises. He warned me on the phone not to "play hardball," that he could make things uncomfortable for me. Well, I'm not the one who's going to get bent over.

[BlondiePB]

Originally Posted by jzauner

General info:

I talked with a lawyer.

If the developer needs to move my belongings to seal the storage unit to meet the fire code he has to do so at my convenience, under my supervision and to a storage facility of my choosing. And only after we have reached an agreement on the breach of contract issue.

He will be in breach of contract. How much so depends on the exact wording of the contract and how that applies to my situation. Minimum, the developer will have to pay upfront my storage costs for 30 years. He will also get nicked for the inconvenience I will endure by having my storage unit some place other than under my condo. Maximum, this could completely void our deal and he would have to buy the unit back for what he sold it for.

I don't feel sorry for this guy. He has a track record of lying to me and breaking promises. He warned me on the phone not to "play hardball," that he could make things uncomfortable for me. Well, I'm not the one who's going to get bent over.

That's good stuff jzauner. Did you call the AFM (Assistant Fire Marshal) and ask for a copy of the report? The problem I'm having with what the developer told you is why didn't anyone from the fire department come & talk to you about your storage unit.

[Wyldrush]

I have to ask some questions here. The complex is 2yrs old and the fire department is just noticing this. I live in Fl to and they do play games depending on who comes out that day. I would check with the permit department and see if the storage was originally signed off. This is proof that at some point it was fine if someone signed off on the completion of the unit when it was built.

Also when you buy a condo, you have title insurance. This means the company is free of any liens and also a land survey is done most times which is ordered by the bank and the title company has it taken care of. I think the storage unit since purchased should fall into the land survery. You may have grounds against the title company and recieve compensation from the title insurance policy. I would check out that avenue as well.

[jzauner]

Originally Posted by BlondiePB

That's good stuff jzauner. Did you call the AFM (Assistant Fire Marshal) and ask for a copy of the report? The problem I'm having with what the developer told you is why didn't anyone from the fire department come & talk to you about your storage unit.

I only own the interior space of the storage unit. Same for the condo unit. This is common with condos. I own everything from the paint in. All walls, interior and exterior are the responsibility of the condo Association.

[jzauner]

But even if I did own the entire unit, walls and everything, the entire unit is suppose to be up to code before the sale. It's in the mound of paperwork I signed. The developer is responsible for finishing the project so that it complies with the code. Not the buyer.

[xylene]

Are you getting PB's point about talking to the fire department / code enforcement / etc?

It's not about you being responsible for it, it is about concretely establishing what the problem is. IE is this developer just jerking you around because sealing you storage are would cost less than fixing whatever he had to fix to be compliant?

That would be key info I would want to have in order to address the situation.

[jzauner]

Originally Posted by xylene

Are you getting PB's point about talking to the fire department / code enforcement / etc?

It's not about you being responsible for it, it is about concretely establishing what the problem is. IE is this developer just jerking you around because sealing you storage are would cost less than fixing whatever he had to fix to be compliant?

That would be key info I would want to have in order to address the situation.

Yes, absolutely I got that point. I should have expounded on it.

Clearly he was jerking my chain and hoping that I would move out so he could gain some sort of legal foothold. My guess is, he'd say it's evident by my vacating that we reached an agreement.

I believe there is a code compliance issue since all the storage units in my building and an identical building constructed a couple months later were sealed. The storage units in an identical building constructed almost a year previously were not sealed. The code likely changed during construction.

I have searched the code databases and found nothing, but this doesn't mean there isn't a violation as the City office told me over the phone. He could be out of compliance with the city, the county or the state.

At this point I'm going to wait. If there is a compliance issue, and I think there is, he'll need to notify me of it. I'll decide what to do at that time. My guess is, though, he'll request that I remove my belongings from the unit so he can make expensive fire-retardant renovations to comply with the code.

If this does happen, I will require him to remove my belongings at my convenience to a location of my choice. I feel the need to make this difficult for him. He tried in an underhanded way to take possession of my storage unit on the cheap (he offered my "oh, about $1,000" for it), and I don't plan on cutting him any slack.

The lawyer I spoke with said the value of the storage unit would be in excess of $80,000 based on a comparable sized storage unit on Miami Beach, rented monthly for 30 years combine with the inconvenience of not having my storage unit a few feet away from my condo unit. In a way, I hope he does seal it up.