Daybreak residents and construction crews discuss their repair challenges

SOUTH JORDAN — A few hours after frustrated Daybreak residents shared their stories of leaky homes and shoddy construction, a spokesman for the master developer of the area says the problems cited are not commonplace.

Cameron Jackson, marketing director for Daybreak Communities, said the problems described by the lawsuits are not representative of the roughly 5,000 units in the Daybreak area.

"We certainly want to make sure that if there are legitimate issues here that need to be addressed, that those things get addressed and that people come together," he said. Daybreak Communities is the master developer for the area and is not named in lawsuits brought by three homeowners groups alleging defects in hundreds of homes.

While the issue of the lawsuit has divided some neighbors, Daybreak residents on either side agreed that they like the area and want to continue living there.

"I love Daybreak. I'm hoping this gets settled and we can get our lives back to normal," Sandy Moore said during a Wednesday morning press conference. She and her husband moved to Daybreak to retire, but she said the stress of dealing with leaks in their home has not been relaxing.

Moore said she is hopeful that she and the other residents can "just get on with their lives." She and her husband plan to stay in Daybreak as long as they can.

Taking on the repairs has already become an extensive effort for Gores Construction, a defect repair crew that has found a lot of work in the Daybreak community, including at the Moores' home.

"In the last three years, we have been out here almost 50 times, chasing various leaks," said Sean Gores, president of Gores Construction. "That is a lot of times for a community that is so new."

Gores spoke at the gathering attended by some of the homeowners who filed a lawsuit against several homebuilders and affiliates, including Kennecott Land Co., Hamlet Homes, Holmes Homes, Hearthside at Founders Park, DB Towns and Capital Consultant Management Corp.

According to the lawsuits filed in 3rd District Court, members of the three resident associations — Townhome 1, Eastlake Village Condominium Owners' Association, and the Carriage Home Condominium Association — are alleging negligence, misrepresentation, breach of warranty and breach of contract for defects in more than 650 individual town houses. Plaintiffs are seeking a minimum of $300,000 per homeowner plus damages.

The Townhome 1 association claims more than 390 of its town houses were damaged; Carriage Homes Condominiums lists 184; Eastlake Village says 84 of its condos are damaged.

Gores brought samples of rotted materials and a sample of a proper window construction, which he used to compare with the construction in some of the Daybreak homes.

"On average, to get the flashing correctly on a building like the one behind us would have maybe cost another $3,000 to $4,000," Gores said. "To come in afterward, it's hundreds of thousands of dollars, 'cause now you are dealing with homeowners that live in their units that cannot relocate."

He said the process for the repairs is "very intrusive" for residents.

Spencer and Patrick Holmes, the co-owners of Holmes Homes, issued a statement Wednesday defending their company's work.

"The over 1,300 homes we built in Daybreak not only complied but also exceed industry construction standards, including EnergyStar certification," the statement said, noting that they hired third-party inspectors for many their projects.

"We are disappointed that this issue has escalated to this level and it’s unfortunate that we were not informed of these claims until litigation was implicated," the statement read.

Jackson said that a survey of Daybreak homeowners, conducted annually, found that 92 percent of respondents would recommend their homebuilders to friends.

"In our experience, when issues have come up with the homebuilders, when homeowners have had concerns, builders have been willing to address those concerns," Jackson said.

Other Daybreak residents also came forward to speak to their overall satisfaction with the community.

"Some people have problems with their town homes, they have had some damage, I personally did not have any damage," Terri Hawk said. "It is more of an isolated incident than they are making it out to seem."

Hawk, who used to live within the Townhome 1 Association, decided to move to a different part of Daybreak and said she was able to sell her home with equity.

Hawk said she chose to leave because she did not want to be a part of the litigation, and said she also felt dissatisfaction with the homeowners association.

But frustration remains for some.

Morris Emerson said he hoped to see the homebuilders come to support the homeowners.

"Why don't they step up, come meet us at the mediation table, at the negotiation table and say, 'Yes, we will come back in and fix this problem,'" Emerson said. "It is going to cost them a good chunk of change, but if they brought these buildings up to code, they would make a mark for modern business in honesty and integrity."

Emerson said that if the homebuilders came to negotiate, and if he could eventually afford it, he would consider buying a larger, single-family home in the Daybreak community.

Homeowners are now trying to meet the costs of repairs by raising HOA fees.

"I cannot afford that," said Elizabeth Hill, a homeowner and the presiding board member of the Townhome 1 Owners' Association.

Hill, who said she had damage on her patio and gutter problems that are allowing water to drain into the walls of her home, has expressed dissatisfaction with the management company, Capital Consultant Management Corp.

She said Capital Consultant Management Corp. could do little more than paint over some of the damage in her home.

"You cannot just paint it and expect the problem to go away," Hill said.

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