San Jose tower suffered poor upkeep, many units lacked heat, cooling: court papers

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San Jose tower suffered poor upkeep, many units lacked heat, cooling: court papers
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A troubled tower in downtown San Jose is engulfed in another lawsuit.

SAN JOSE — A troubled tower in San Jose is mired in a fresh lawsuit, a filing that claims the building has suffered poor maintenance, financing woes, water damage, and a lack of heating and cooling in many units.

Separately, a whirlwind of litigation has buffeted the tower. The tower’s developer has sued the homeowners association, the homeowners association has sued the developer and the developer has sued people who bought condos through the foreclosure auction. For the first time, however, allegations have surfaced of substandard living conditions and shoddy upkeep in the western tower of the residential complex.

The HOA and some of its members raised several complaints against Z&L and its affiliate. Here are some deficiencies listed in the lawsuit: This news organization requested a comment about the latest litigation from HOA legal representatives with law firm Briscoe Ivester & Bazel and from Z&L legal representatives with law firm Nixon Peabody.Z&L and its affiliate, the HOA lawsuit claims, “diverted assessments paid by association members to pay for insurance coverage and utilities for other real property owned by said defendants.

The claims in the lawsuit contrast starkly with the visible aspects of the two towers, which are an eye-catching addition to the San Jose skyline and command a location on a choice block near bustling San Pedro Square, one of the Bay Area’s hottest spots for dining, drinking and nightlife.

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