What to Do Now
Each homeowner must decide on their own what to do now. It is very important to understand that the items posted on this website are only suggestions that concerned homeowners have submitted - and not an official statement of what to do - so be advised that any action you take is of your own accord.
For ease of sharing contact info of contractors that might be of help for the various things we all need done to fix our homes - please visit the message board and share any info you have as well on contractors you've found.
As of now here are some of the things you may consider doing if you choose to, for both current homeowners and those not yet closed:
2. Look into Joining the Group Effort
If you are still interesed in joining the Group Effort and retaining Fisher, Rushmer, you can obtain a retainer letter by e-mailing Erin Castro at ecastro@fisherlawfirm.com. In the alternative, a retainer letter can be sent to you by mail. Please call Erin Castro at (407) 843-2111.
The hiring of a lawyer is an important decision that should not be based solely upon advertisements. Before you decide, ask the lawyer for free written information about the lawyer's qualifications and experience.
3. Document Everything
It would be a good idea to take photos and video of your current damage and if it rains again be prepared to document any water that penetrates your walls. This will be more noticeable for those that have removed their drywall in any areas that the water is penetrating the block wall. Try to time/date stamp any video/images if possible and provide commentary that documents what happens and how long it takes. Also keep a written log of everything that happens and all conversations w/ Ryland about the subject. And if you remove molding, baseboards, drywall etc. to help the walls dry out, save it and put any pieces possible in an air tight bag for future reference.
4. Submit Warranty Request and or Letter
Ryland is saying that they've only heard from 677 residents that they had water intrusion issues, but it is obvious from the surveys various communities have done, that the number is MUCH higher. If you've not already done so, you should fill out your warranty request stating the issues you are having w/ your home or put it in a letter. Fax your warranty requests as required and send your letters via certified mail, copying Ryland executives. Since any damage caused to your home by a hurricane is technically not a warranty item in itself you may want to be sure to state your issues in a factual way pointing out the items that are covered under the warranty. For example exterior walls are absorbing water during rain storms and penetrating to interior of blocks; the family room windows are leaking; pool door threshold is not sealed properly and water comes in during rain; etc. Be accurate and factual as to what you know your issue truly is. Investigate to find all the specific points that the water is coming in for you and if desired, hire an inspector or engineer to analyze and write an official report for you.
If you already submitted water intrusion as a warranty request and received the official letter saying it isn't covered as a warranty item but was a hurricane related incident you may want to write a letter rebutting that decision. It would be good to have some type of visual and written documentation to include that demonstrates their statement that the water only came in as a result of the hurricane is untrue. Several homes have been able to see water seep in through the block mortar lines after removing dry wall when it rains normal and when they position the sprinkler on their wall for under an hour.
5. Inspections
Many individuals are hiring various types of inspectors on their own to analyze their house. Part of the plan as the group effort moves forward is to hire experts who would do a detailed inspection of a sampling of homes.
6. Get Mold Removed - Call Your Insurance Company / FEMA
Some homeowners may not have called their insurance company thinking they should wait to see what happens with the group effort. Some feel it would be a good idea to go ahead and call to file a claim now. If you have damage it could possibly be quite a while before it gets fixed (if it gets fixed) by results from the group effort, so paying out of pocket or having insurance help pay to fix it might be wise, but keep all receipts and documentation of money spent and repairs made for future reference!
The terms of insurance policies vary, as do the conditions imposed on homeowners to receive insurance payments. Some insurance policies provide that acceptance of insurance proceeds is a waiver or assignment of your rights against other parties. Some insurance companies require that you sign a waiver or assignment of rights at the time you receive your insurance payment. Before you accept payments from an insurer, you should seek legal advice on the possible consequences of such acceptance.
Others may have not called for fear of their rates going up. Here is an article on one of the communities' web site that addresses this concern and also info on going to FEMA for help to offset deductibles.
Addressing the damage now, especially if you have mold growing might be a good idea from a health standpoint - the longer the materials infected w/ mold remain in your home the further it could spread and could cause health issues in your home. See this link for good information on how to handle mold cleanup - www.epa.gov/iaq/molds/moldguide.html and a company that will test for mold for you: http://www.aqconsultants.com
One thing to consider though is that if repairs are made on the inside before the outside issue of leaking walls, windows, cracks, joints (whatever your house's specific issues are) then there is the chance that future rain could re-damage the interior. Some think maybe you should have the damaged materials removed but wait until the leak issues are remedied before replacing those items. Yes the living conditions won't be pretty, but at least you know the mold will not be growing behind your walls, baseboards, cabinets, etc. that got soaked in the mean time.
8. Paint the Exterior??????????????
Some homeowners are eager to begin the process of restoring their home to the state it should be and have been considering painting their homes w/ some type of water resistent paint/sealer. There are a lot of varying opinions on what type of paint to use, or if painting is really the right long-term fix to the underlying problem.
Everyone needs to determine individually if they will wait for Ryland to fix the exterior (how or if they will is TBD) or if they will pay to paint their homes now, but please keep in mind that if there is moisture trapped in your walls and you seal the exterior w/out removing the interior drywall and insulation to let it dry out, you could potentially be sealing moisture in by painting before allowing the wall to dry out. The paper insulation may be wet behind your drywall without you realizing it - we've seen it from removing our own drywall at heights that it appeared to be dry.
Part of phase 1 of the Group Effort is to bring in a moisture expert to inspect your home thoroughly, identifying hidden moisture and proposing the proper fix to stop future water from coming in - whether that be paint or another fix. Stay tuned for details on the group effort expert company.
If you do end up deciding to paint your house at any point and want to change the color, you must first submit an application to the HOA, below are links to the ones for Eden Isle.
view pdf application
view MS Word application
7. File a Complaint to State of Florida
Forms were handed out at the 10/02 Community Meeting to fill out and mail to the State of Florida. If you need a form you can download this pdf version or visit https://www.myfloridalicense.com/entercomplaint.asp and at the bottom of the page select "Construction Industry Licensing Board" from the drop down. Mailing instructions are in the document. WFTV Ch 9 also provided this info during one of their newscasts and have the same link on their "Web Links" page.
8. File a Complaint with the BBB
If you feel that you have experienced problems with the services or products that Ryland provided after contacting Ryland and receiving an unsatisfactory response to your request, you can file a complaint with the Central Florida Better Business Bureau. Their site outlines the criteria for complaints and one is that the complaint is not in litigation and has not been resolved by a previous court action, arbitration, or settlement between the parties. So until the issue goes to those measures filing this type of complaint is relevant if you choose to do so.
Complaints can be filed online at http://complaints.bbb.org/welcome.asp?BCode=0733
9. For Those Not Yet Closed - Get It In Writing
If you are in the construction phase and you do proceed to close on your house without certain issues resolved, some lawyers say that it is very important that any/all damages and points of dispute (anything you are not agreeing is acceptable) are noted on your sales contract at signing and that you should ask for it to be in writing on your contract that you reserve the right to pursue Ryland in any type of law suit in the future. We would guess that Ryland might have issue w/ this and will either need to resolve before the closing can happen or it could delay the closing.
In the mean time - if you don't already have a qualified home inspector checking on your home during all phases of construction, it would probably be a good idea to hire one and make sure he is aware of all the issues to look for. And of course, as you have the right to do under any new home construction project - point out all the issues you are not happy with to your Construction Project Manager and ask they be fixed.
Clarification from legal counsel is being sought as to whether any homeowner pre-close can technically participate in the class action or only owners that have closed. This site will be updated with further info.
If your goal is to cancel your purchase with Ryland and recover any money already paid, you may need your own independent counsel if Ryland does not honor your personal request.
10. Check Back for Updates
As group efforts progress info will be added to this section so check back on the site occasionally for new information
back to Water Intrusion Info page >
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