Tower 155, the building that some Boca Raton residents love to hate, has filed suit against its developer, architect, and others for alleged defects in construction and design, as well as code violations. The developer is Compson Associates. Derek Vander Ploeg was the architect. This is the same architect that is also a defendant in a suit by 327 Royal Palm Condominium against a different developer.
For full disclosure, I am a resident of Tower 155, writing this in my role with BocaFirst. You can follow along by reading the actual suit itself. Look up case number 50-2023-CA-015234-XXXA-MB at the Palm Beach County Court website here.
Aside from the ongoing lawsuit, the HOA board is working diligently to deal with the issues. Located directly behind the downtown post office, across from Mizner Park, the location is outstanding. Within walking distance to all that the downtown has to offer, and just a short walk to the Brightline train station. Residents have corrected issues and even greatly upgraded their units. Tower 155 will be a beacon of urban living when all issues are solved.
Some History
Controversial from the beginning, the property was a 1.2 acre parcel which is smaller than the 2 acres required by code for a building of its proposed height. It also needed to take half of the public alley behind it to fit at all. Many neighbors protested against squeezing the massive building into a small lot. And they spoke out against the density, traffic, and congestion that it would bring to the small streets around Sanborn Square.
The city approved the project, with the abandonment of a section of the public alley, but it took five years to complete. During that time, a number of buyers wanted to drop out and get their deposits back. The quality of the construction upset others. They all asked permission from the developer to drop out but eventually had to file suits for satisfaction.
Noticed immediately were defects such as cracks and leaks in the garage floors and ceilings, and pool. Owners expected that the developer would correct these and other issues. But the HOA finally hired engineers to inspect the building. That inspection resulted in a 166 page report of problems well over $2,000,000 to correct, and the HOA filed the lawsuit. We cannot list all of the alleged items, defects, and violations here because they are under litigation.
Other issues arose about it not conforming to the quality and assurances in the advertising literature. At least one suit alleges that the construction’s actual quality does not adhere to the advertised standards.
Today’s Reality
As mentioned previously, the in-unit problems have been corrected and many units upgraded. In addition to the long list of items covered in the lawsuit, there are periodic false fire alarms, elevators out of service are typical. A spa area, highly lauded in the advertising, has had constant issues with rotting wood, leaks, drainage, and setting off fire alarms. The area is currently under repair to correct the problems.
The advertisements claimed that the building was state of the art from the technology standpoint. But the orally promised automatic fob-based door locks (“to be installed after closing”) never appeared. The doors use standard key locks. (My own lock took four locksmith visits to get working at all, but it is still in backward and crooked, and the handles periodically fall off). The HOA is currently working on a solution to provide keyless entry.
Patios did not have wiring for potential lighting, which is a common feature. Some buyers were told (again orally) that wiring for the lights was against code. However, the units now have a myriad of wiring. Some fully wired, some partially with variations in configuration, and some not at all. No one currently has lights.
The Small Print
Many of the statements and assurances came from advertising literature or oral statements from sales staff. But a “non reliance clause” in the sales agreement means that sellers and salespeople have permission to make almost any promise. But they do not have to comply with anything not in a written contract. Such clauses are common with all developers. The clause from Tower 155, often called the small print for obvious reasons, is rather complete. There is no compliance for any pictures, drawings, oral statements, even the advertised number of square feet in a unit. Features and amenities advertised are also included for non- compliance. So what you see, is not necessarily what you get.
For example, the building was advertised to have a “business lounge and fully equipped conference room.” In actuality, the “business lounge” is shared with a small game/childrens room. There are two computers and two chairs, with beanbag chairs and children’s games. There is no shuttle (a long story in itself) nor billiards in a private card room. The notice also states that Tower 155 has an “Olympic-size pool”. In reality, an Olympic-size pool is 9240 square feet, while the Tower 155 pool is 1400 square feet.
These non-compliance clauses are everywhere in the real estate universe. I mean, how many times can they tell you the Mandarin Oriental will be done this year and think you’ll believe it? The only way to protect yourself is to ask for everything in writing. Even having it writing, unfortunately, is still no guarantee.
The developer and architect of Tower 155 are now collaborating to build Aletto Offices at Sanborn Square. This is a massive project of two office buildings and a parking garage. To clear the land for the building, a number of historic structures were razed. The project is also on a smaller lot than allowed. Boca be warned.
