Motion-Secondary: BEACON RESIDENTIAL COMMUNITY ASSOCIATION VS. CATELLUS THIRD AND KING LLC et al

• 
• 
• 
• 
• 
• 
• 
• 

						
                                
Preview
                                KATZOVF & RIGGS LLP

22

23

ANN RANKIN (SBN 83690)
TERRY WILKENS (SBN 118469)

Law Offices of Ann Rankin ELECTRONICALLY
3911 Harrison Street FILED
Oakland, CA 94611 Superior Court of California,
Tel.: 6 10) 653-8886 County of San Francisco
Fax: (510) 653-8889 FEB 06 2013

Clerk of the Court
BY: VANESSA WU
KENNETH S. KATZOFF (SBN 103490) Deputy Clerk

ROBERT R. RIGGS (SBN 107684)
SUNG E. SHIM (SBN 184247)
Katzoff & Riggs LLP

1500 Park Ave #300

Emeryville, CA 94608

Tel: (510) 597-1990

Fax: (510) 597-0295

Attorneys for Plaintiff BEACON
RESIDENTIAL COMMUNITY
ASSOCIATION
SUPERIOR COURT OF THE STATE OF CALIFORNIA

COUNTY OF SAN FRANCISCO

BEACON RESIDENTIAL ) Case No. CGC 08-478453
COMMUNITY ASSOCIATION, )
) DECLARATION OF MICHAEL
Plaintiff, ) ALFARO IN SUPPORT OF MOTION
) FOR CLASS CERTIFICATION
vs. ) (PREVIOUSLY FILED HEREIN ON
) AUGUST 24, 2012)
CATELLUS THIRD AND KING LLC, )
etal., ) Date: March 22, 2013
) Time: 9:00 a.m.
Defendants. ) Dept: 304
) Judge: Hon. Curtis E.A. Karnow
MICHAEL ALFARO declares:
1. I am the President of Titan Management Group (“Titan”). Titan acts as

the Property Manager for the Beacon Residential Community Association

-L-

DECLARATION OF MICHAEL ALFARO EN SUPPORT OF MOTION FOR CLASS CERTIFICATION
(PREVIOUSLY FILED HEREIN ON AUGUST 24, 2012)KATZOFF & RIGGS LLP

1600 PARK AVE., SUITE 300
‘EMERYVILLE, CA 94608

{510} §97-1990

(“Association”), pursuant to a written Property Management Agreement. Essentially,
Titan serves as the professional manager of the Association’s business matters. In my
capacity as President of Titan, I act as the custodian of business records for the
Association.

2. I have personal knowledge of the matters set forth in this Declaration,
except where it is stated that certain matters are contained in business records of the
Association, and as to those matters, I have personal knowledge that the documents
referenced are business records of the Association. If called as a witness I would and
could competently testify as stated herein.

3. The property managed by Titan for the Association, referred to herein as
“the Beacon Project,” consists of 595 units that are situated within eight different
buildings. The project has two sets of four buildings, known as 250 King Street and 260
King Street, respectively. Each set of residential buildings consists of a high rise
structure, commonly called the “tower,” of 16 stories, while the other three buildings
making up each set are called “mid rise” and have between six and nine stories. There
are also commercial portions of the project, and residential amenities such as a
community exercise room and a swimming pool.

4. Attached as Exhibit A to this Declaration is a true and correct copy of
repair invoices and other records maintained by the Association concerning cracked
exterior window glass in 18 units of the Beacon Project that needed to be replaced
between 2006 and September 2009. Also included, as the cover page of Exhibit A, is a

summary sheet conveniently summarizing the information shown on the pages of

«2
DECLARATION OF MICHAEL ALFARO IN SUPPORT OF MOTION FOR CLASS CERTIFICATIONKATZOEFF & RiGGS LLP

1500 PARK AYE,, SUITE 300

EMERYVILLE, CA 94608

(G10) 597-1990,

Exhibit A.

5. Attached as Exhibit B to this Declaration is a true and correct copy of a
business record of the Association, being a copy of a letter dated September 20, 2006
sent by the Association to Daniel A. Berman of the firm of Wood Smith Henning &
Berman, which at that time was acting as counsel for Catellus Third and King, LLC and
its affiliates, including Catellus Development Corporation; Catellus Commercial
Development Corporation; Catellus Operating Limited Partnership; Catellus Urban
Development Corporation; Third and King Investors LLC; and Prologis.

6. Attached as Exhibit C to this Declaration is a true and correct copy of a
business record of the Association, being a copy of a letter dated September 20, 2006
sent by the Association to Peter L. Laufenberg of the firm of Wendel, Rosen, Black &
Dean LLP, which at that time was acting as counsel for Mission Place, LLC and its
affiliates, including Centurion Real Estate Partners LLC.

7. Attached as Exhibit D to this Declaration is a true and correct copy of
responses that the Association received to a questionnaire circulated by the Association
to its members in 2006. The questionnaire did not ask any questions about overheating
of unit interiors, but numerous responses mentioned the problem as shown in Exhibit D.
Also included in Exhibit D is a summary sheet conveniently summarizing the responses

bearing on overheating of units that are included in Exhibit D.

-3-
DECLARATION OF MICHAEL ALFARO IN SUPPORT OF MOTION FOR CLASS CERTIFICATIONKATZOFF & RIGGS LLP

1506 PARK AVE., SUITE 300
EMERYVILLE, CA 94608

(610) §97-1990

22

23

I declare under penalty of perjury under the laws of the State of California that
the foregoing is true and correct.

Executed at San Francisco, California on August 22% , 2012.

MICHAEL ‘fra Ae

-4-
DECLARATION OF MICHAEIALFARO IN SUPPORT OF MOTION FOR CLASS CERTIFICATIONEXHIBIT AThe Beacon Cracked Window List

As of September 2009

UNIT STATUS FILM
422 Repaired in 2006 Yes
460 Repaired in 2006 Yes
506 Repaired in 2006 Yes
512 Repaired in 2006 Yes
545 Repaired in 2006 Yes
602 Repaired in 2008 Yes
615 Repaired in 2009 Yes
652 Repaired in 2007 Yes
718 Repaired in 2006 Yes
773 Repaired in 2006 Yes
787 Repaired in 2009 Yes
818 Repaired in 2008 Yes
900 Repaired in 2006 Yes
904 Repaired in 2008 No
914 Repaired in 2008 Yes
950 Repaired in 2006 Yes
1119 Repaired in 2006 Yes
1607 Repaired in 2006 Yes
Total 18 Windowswirsorcuus 21-40 suvozees so BULLEN GHIE GLASS eG 13/14

Golden Gate Glass & Mirror Co., Ine invoice |
2611 Folsom Street
_ San Francises, CA 94110 ‘Date invoice #

Phoned 815-552-0026 120772008 s9008
Fee 415-552-4135

: t Ship To
Unles 804,602,528 end Sh¢
‘King Street
Sun Francison, CA. 6107
Atm Red
PG, Number Teens
Nor3o
Quantity Description. Pri Book Arnount
4164 x 65 ~ Clear wenpered insulated reptaced in windows using castomers: 3,435.00: 9,740.00
window washing Fig t aocess opsaings.
Price inchudes aif materials, sales ta and labor to complete the projects
jas Listed above. = -
Fetal $9,740.00

BRCA00293Golden Gate Glass & Mirror Co., Inc

Invoice

2611 Folsom Street
San Francisco, CA 94110 Date invoice #
Phone # 415-552-0220 1221/2008 58008
Fax # 415-552-6135
Contrator License #228354
Bit To Ship To
The Beacon Units #904,602,818 and 914
250 King Street
‘San Francisco, CA 94107
Asin: Rod
P.O. Number Terms
‘Net 30
Quantity Description Price Gach Amount
4164 x 65 - Clear tempered insulated replaced in windows using customers 2,435.00 9,740.00
window washing rig te access openings.
Price includes ali materials, sales tax and labor to complets the projects
as sted above.
fECEIVED
° A de _ vey 10/2918) DEC 36 2any
l Sey 22 | %THOOF
See ceate AMES ERNST
— RO OUNTING
meardos Beg gamed — BEBOO
/ ~ ENTERED
% DEC $ 6 2008
Total $9,740.00

BRCA00294* VENDOR:

CHECK RO.

GGGLAS GOLDEN GATE GLASS & MIRROR CO. 12/31/08 002435
“IRREF.NO. YOUR INV. NO. INVOICE DATE INVOICE AMOUNT AMOUNT PAID DISCOUNT TA
520 58008 1217/08 9,740.00 9,740.00 0G
Window replacement
t
BEACON RESIDENTIAL COMMUNITY Total: 9,740.00

‘CHECK DATE . VENDOR NO.

PAY GOLDEN GATE | GLASS & MIRROR co.
TO THE 2011 Folsom Street

BEACON RESIDENTIAL GOMMUNITY. :
250 King Streat 002435 1281708 GGGLAS
San Francisco CA 94107 .

CHECK AMOUNT
NINE THOUSAND SEVEN HUNDRED FORTY AND 00/100 DOLLARS’ 9,740.00

ORDER OF “San Franciseo, CA 94140 .

Lust BAS

~ROTHORIZED SQATURE

WOO AGSSe WRAP APIRI RN ALE REED 2h hue
rece
VENDOR: GGGLAS GOLDEN GATE GLASS & MIRROR CO, 1281/08 002435
SUR REFNO. YOUR INV, NO. INVOICE DATE INVOICE AMOUNT AMOUNT PAID DISCOUNT TAT
$20 58008 T2708 9,740.00 9,740.00 O06 i
Window replacement i
BEACON RESIDENTIAL COMMUNITY Total: 9,740.00
TO REQRDER, CAdL, DYRMIC SYSTEMS @ (800) 782-2046, (CHECK 21 COMPLIANT

BRCA00295|, GOLDEN GATE GLASS & MIRROR CO., INC.

2011 Folsom Street

San Francisco, CA 94110 Jar MONTH On sm PER
Contractor's License 8228354

TASTALL SHOP. 08,

ee {oowrmaer coos WI con O
NOT RESPONSIBLE FOR GLASS LEFT IN SHOP FOR ao oewven CL] wacan (I

Sow TO _f The Decent
ea King Sdveer it SF O53.
ee A unease CR yi oy”

=y- {S00 —~TELEBRIONE

Kean mews Ursvtetonl Aint th i
uernpend i

Trnerdtcst Sst Terre. red
With, cheens Syeeeg  ”

Labi. btn Pie Ene,
1

*

Lesa

t
t
i
Fa An i
Cla ttt 7 |
Ragu i
HAS le}
t
i
1
?
“Tile — Purchaser agrees fut fide © fie above merchandise & rocarved by and vemsiw vosied i color antl We puntiuee price le pod t
‘ul bu purchaser shell tata pay any part of the purchase price when du, aaler may tuke posaassion of sald weschandiza without notice or TAK i
~My artes cme fete byw ar tani pane we py ec Ie an teas aE sl
Yi 5 td LABOR i
be
fected Wy row. [SSYY 100

BRCAG029666/25/2887 12:18 14156526135 GOLDEN GATE GLASS PAGE 81/81

Golden Gate Glass & Mirror Co Estimate
2011 Folsom Street Estimate
San Francisco. CA, 94110 =
Ph. 415-552-0220 6/26/2007 2310
Fax 415-852-6135
Contractor Licence #228354 :
The Beacon | Job Location: _ ‘Unit #652
260 King Street

San Francisco, CA 94107

‘Terms
” Net 15

“Desoription ay Totat

Replace insulated unit in window and adjust as nocded, .
32x $4~ 1" clear insulsted (laminated safety glass over tempered) with film 1

coating.

Nickel plated cam handle replaced on window. 1
Price includes all materiale, sales tax and labor to complete the project as listed 2,244.00
above,

Film coating is included.

06/27/07

Prices are good for 60 days Total $2,244.00

BRCAG0297wiranrzuus 44.40 sauuu2o1 ou WULUCN GAIE OLAS

4

an

GOLDEN GATE GLASS & mmror‘co,, INC,

. 208% Bolsom Steet

git Fate ss 2 Afataere cums 0° vue I
Phone: (415) $52-0220° Yank Wal be Guenaen to
* Fax>(435) 552-6135 . MORE PAST DUE,

ence

rae Osa

NOT RESPONSIBLE FOR GLASS: LEFT IN SHOP FOR PROCESSING | janen DO wen O

BRCA00298

‘SODTO' A. 7 : SHEN

. lola Kine, St fing © f =

‘ADDRESS pee mo

iY a pe TY TELERrIONE™
i
4
Bova

vO

2
. a a a —_—
tl ha putchasur ahall tel to pay ay Dart of the purchnge pitos whan due; sélRer mely thes possessions wancdineieser +. TAN
sl tr cme cay wr rc pen oan ys som pd se ae . .09/88/2086 11:56 14155526135 GOLDEN GATE GLASS PAGE 82/82

Golden Gate Glass & Mirror Co Estimate
2011 Folsom Street -
Sen Francisco.CA 94110 Dare _|_ Estimate @
Ph. 415-552-0220 S06 Vis
Fax 415-552-6135
Contractor Licence #228354
(Centarion Real Estate Perinsre, LLC
266 King Street Job Location: ‘The Beacon, wait 950-952

‘San Franciseo, CA 94307

Replace broken insulated enit with new to matoh. Exterior glass is 1/4" clear
Ieminated and interior is 3/16" clear tempered

SOX 68 i 3,260.00
Price inoludes alf materials, sales tex and labor to complete the project as listed :
‘bove,

Rion] Total $3,260.00

BRCAO0299wir gor cows Abe ZO 4499940199 GULLUEN GATE GLASS

1a" clear te

wierd

ees.

BRCA00300Golden Gate Glass & Mirror Co

2011 Folsom Street
San Francisco. CA 94110
Ph... 415-552-0220
Fax 415-552-6135
Contractor Licence #228354

Estimate

Date

Estimate #

1124/2006

1750

Centurion Real Estate Partners, LLC Job Location:

266 King Street
San Francisco, CA 94107
ATTN: Wendy Powers

Terms

Due on receipt

Deseription

Total

Replace cracked insulated units using 1/4” clear taminated over 1/4" clear

tempered.

64 x 65 - in Units #506 & 512. We will require access to the patios below to set
up an extension ladder to access the exterior of the glass.

58 x 65 - in Unit #460. We will require access to your electric scaffold to work on
Price includes al] materials, sales tax and labor to complete the project as listed
above.

Exclusions: Final cleaning, glass breakage other than by Golden Gate Glass Co.,
protection from other trades, permits and fees, and engineered calculations.

9,767.00

Prices are good for 60 day

“Thank you for allowing me tp bid on this job! - Brian
a Total

$9,767.00

Customer Acceptance Signature

BRCA00301_ Oikos gous 1128

‘GOLDEN GATE GEASS e.yarror to, INC. :

“nota Folsom Street
San, Francisco, CA 4110 - .
"Phone: (415) SS2-G220

@insbzbi ss GOLDEN GATE GLASS

PAGE 82/14

Goa GPA | = Une FR

3
eo

y

x
6
4,

es

Sipmdass aaa

t federed
4 ste arimaer shat tit arpayanypavel te purcino pan whan toa pee ney uh posteninn or out encendion wos NES OF

Boing 90a,
Raceived by

Ji nto! cane ef corto ty suit of otsarwtts, puchae Agee to Bay Ol cot, toret unl pai, ane a vocantate eu fet

BRCA00S02

P lal Sioa82/07/2086 15:52 141585261 35

Contractor Licence #228354

GOLDEN GATE GLASS

Golden Gate Glass & Mirror Co

2011 Folsom Street
Sen Francisco. CA 94110
Ph... 415-552-0220

Fax 415-552-6138

PAGE 81/81

Estimate

Estimate #

1438

‘The Beacon

250-260 King Street

San Francisco, CA 94107
ATTN: Aleathia Hoster

a

Teme

Net 30

Description

Tota!

38 X 54 in unit $00
34 X 58 in unit 1119

‘Replace cracked insulated units in existing windows. Glass is 1/4" grey
‘Teminated exterior end 1/4" clear tempered interior. We require the use of the
house rig to access the exterior of the windows end will remove the glass to the
interior of the building - 2 men out end 2 men in.
64 X 65 in units 422, $45, 773, 718, & 1607

Total price includes materials, sales tax ¢ xd labor to complete the replacement.

22,775.00

Bes Seeders + Bran

Total

$22,775.00

Customer Acceptance Signature

BRCA00303UATE GLASS & MIRROR CO. INC.

ii Anco Sirest

BRCA 014909LINC.

BRCA 014916EXHIBIT BOo

BEACON

The Beacon
Residential Community Association
250-260 King Street, San Francisco, California 94107
415.974.1500 phone; fax 415.495.2056

September 20, 2006

Daniel A. Berman

Wood Smith Henning & Berman LLP
10960 Wilshire Boulevard, 18" Floor
Los Angeles, CA 90024-3804

Re: Response to Notice of Construction Defects

Dear Mr, Berman:

Tam writing in response to your letter of September 8, 2006, in which you acknowledge
receipt by your clients, Catullus and ProLogis, of the notice from the Beacon Homeowners
Association (“Beacon HOA”) of certain construction defects in the Residential Properties and
Common Areas at 250 and 260 King Street, San Francisco, California 94107 (“the Beacon”),
pursuant to the provisions of the California Civil Code Section 895 et seq.

Further detail about the nature, to the extent known, of each claimed violation is set forth
below:

(1) Water damage related to leaking of windows and in the ceiling areas in certain
residential units and leaking in the ceiling of the garage.

(2) Improper pooling of water and/or leakage into residential units from the balconies
and patios of some residential units.

(3) Improper pooling of water in courtyard and catwalk areas, creating pools of
stagnant water with resulting health and safety hazards.

(4) Water leakage from defects in the roof and roofing system of the entire Beacon
project, including defective construction in the area of vents and other protrusions

through the roof.

MER 009129(5) Water leakage from the swimming pool into the pool room and garage.

(6) Construction of walls and roof areas that fail to comply with inter-unit noise
transmissions standards with respect to noise, affecting some residential units.

(7) Defects in the design, irrigation, drainage and landscaping of the dog park that do
not fit its intended use and have required premature replacement of landscaping.

(8) Defective construction and/or installation of the pool and spa heating systems and
related gas lines and air flow mechanisms for the heating of the swimming pool and

spas,

(9) Defective construction in catwalk areas between residential towers, including defec
in construction and/or installation of the railings and related vibration and noises
coming from the railing that can be heard in residential units;

(10) Defective construction or installation of the heater/light/fan units in bathroom and
switches for the unit and related malfunctioning.

(11) Defects in the selection and installation of windows in the residential units
including failure of the window opening devices to operate and failure to provide
the proper amount of openable exterior openings as required by applicable
government building codes, regulations and ordinances.

(12) Defects in design resulting in a failure to provide either windows with sufficient
openable exterior openings for ventilation, or failure to provide a mechanical
ventilation system as required by applicable government building codes, regulations
and ordinances.

(13) Improper construction and/or installation of ventilation components and dryer ducts
in residential units and related water damage.

(14) Improper construction, location and/or installation of Z ducts, fire dampers,
ventilation systems in the kitchens, and related lack of air circulation and excessive
transmission of odors into and within residential units.

(15) Improper installation of carbon monoxide sensors in the parking garage.

(16) Cracks in interior wails in some residential units.

(17) Uneven floors in some residential units.

(18) Improper design/placement of fire exit door from garage area to lobby, resulting in
potential fire and security hazard.

Beacon HOA reserves the right to issue further claim for defects as any additional defects
become known to it consistent with the provisions of Civil Code Section 895 et seq.

MER 609136Your clients may begin inspections on September 22, 2006. However, we propose to
extend the 14-day time period set forth in Civil Code Section 916 to meet the scheduling needs
of all parties so that proper inspections may be commenced and completed at times convenient
all parties, We suggest extending that time period to the end of business on October 23, 2006.

Please contact Wendy Powers, the general manager of the Beacon HOA, with specific
requests to make inspections regarding particular matters listed above, with a copy to me at the
above address. Ms. Powers will atrange for mutually convenient times for the inspections. At
the agreed time of your inspections relating to issues in particular units, Ms. Powers will provid
access to the relevant affected common areas and units.

We look forward to working with you to resolve these matters in a timely and
cooperative manner.

yey font? Qed Any, fort

The Beacon Residential Community Association
by Robert Ko, its Vice-President

MER 009131EXHIBIT CO

BI IN

The Beacon
Residential Community Association

250-260 King Street, San Francisco, California 94107
415.974.1500 phone; fax 415.495.2056

September 20, 2006

Peter J. Laufenberg, Esq.

Wendel, Rosen, Black & Dean LLP
1111 Broadway, 24th Floor
Oakland, Califomia 94604-4036

Re: Response to Notice of Construction Defects

Dear Mr. Laufenberg:

Thank you for your letter of September 12, 2006, in which you acknowledge receipt by
your clients, Mission Place LLC and Centurion Real Estate Partners LLC, of the notice from the
Beacon Homeowners Association (“Beacon HOA”) of certain construction defects in the
Residential Properties and Common Areas at 250 and 260 King Street, San Francisco, California
94107 (“the Beacon”), pursuant to the provisions of the California Civil Code Section 895 et seq.

We also look forward to working cooperatively with you to investigate and address the
issues listed in the letter, and hereby provide further detail about the nature, to the extent known,
of each claimed violation, to assist in this effort.

@

QQ

Q)

4)

Water damage related to leaking of windows and in the ceiling areas in certain
residential units and leaking in the ceiling of the garage.

Improper pooling of water and/or leakage into residential units from the balconies
and patios of some residential units.

Improper pooling of water in courtyard and catwalk areas, creating pools of
stagnant water with resulting health and safety hazards.

Water leakage from defects in the roof and roofing system of the entire Beacon
project, including defective construction in the area of vents and other protrusions
through the roof.

MER 009132G)
6)

Y

(8)

()

(10)

ay

(12)

(13)

a4)

(15)

(16)

a7)
G8)

(9)

Water leakage from the swimming pool into the pool room and garage.

Construction of walls and roof areas that fail to comply with inter-unit noise
transmissions standards with respect to noise, affecting some residential units.

Defects in the design, irrigation, drainage and landscaping of the dog park that do
not fit its intended use and have required premature replacement of landscaping.

Defective construction and/or installation of the pool and spa heating systems and
related gas lines and air flow mechanisms for the heating of the swimming pool an

spas.

Defective construction in catwalk areas between residential towers, including defe
in construction and/or installation of the railings and related vibration and noises
coming from the railing that can be heard in residential units;

Defective construction or installation of the heater/light/fan units in bathroom and
switches for the unit and related malfunctioning.

Defects in the selection and installation of windows in the residential units
including failure of the window opening devices to operate and failure to provide
the proper amount of openable exterior openings as required by applicable
government building codes, regulations and ordinances,

Defects in design resulting in a failure to provide either windows with sufficient
openable exterior openings for ventilation, or failure to provide a mechanical
ventilation system as required by applicable government building codes, regulation:
and ordinances.

Improper construction and/or installation of ventilation components and dryer ducts
in residential units and related water damage.

Improper construction, location and/or installation of Z ducts, fire dampers,
ventilation systems in the kitchens, and related lack of air circulation and excessive
transmission of odors into and within residential units.

Improper installation of carbon monoxide sensors in the parking garage.

Cracks in interior walls in some residential units.

Uneven floors in some residential units.

Improper design/placement of fire exit door from garage area to lobby, resulting in
potential fire and security hazard.

Defective installation in the gym of television units, including wiring and power
sources, and related malfunctioning of the televisions.

MER 609133We understand that further problems may be discovered in the investigation process that
is now being commenced, and this letter is without prejudice to Beacon HOA's right to pursue its
remedies regarding any such problems. Specifically, Beacon HOA reserves the right to issue
further claim for defects as any additional defects become known to it consistent with the
provisions of Civil Code Section 895 et seg.

lunderstand that your firm and/or your experts have been in touch with Wendy Powers,
the general manager of the Beacon HOA, with specific requests to make inspections at the
Beacon. Ms. Powers will arrange for mutually convenient times for these inspections, and will
provide further detail about specific locations of particular problems.

We look forward to working with you to resolve these matters in a timely and
cooperative manner.

Very truly yours,

The Beacon Residential Community Association
by Robert Ko, its Vice-President

MER 009134EXHIBIT DHOMEOWNERS’ RESPONSES TO QUESTIONNAIRES - September 2006

Unit No.

Owners

Heat Complaints

Bates Nos.

706

Edward
Teddy Schull

The same temperature/ventilations issues many others
have reported. My unit can reach 85 degrees when is it
is 65 outside and climbs over 100 when it is 75 outside.

636-638

361

Phil Kerr

Although a tinted film was installed in the windows both
the windows and shades heat up to extremely high
temperatures on sunny days. This in turn quickly
increases the heat | the unit to unacceptable levels.
Unfortunately, there is poor airflow through the unit
which makes it difficult to get cool air from outside to
alleviate the problem.

878-882

365:

George
Beckstead

Ventilation problems. Unit is consistently 12° - 15° hotter
than the air temperature on all days. Especially on
warmer to hotter days - outside temp. 72° and inside
temp. 82°+. No ventilation other than windows.
Unbearabie some days that | cannot stay in the unit.
(Serious concern)!!!

885-887

444

Lou Kaileh

There isn't proper ventilation in the unit. The
temperature is always higher in unit than in hallway. The
windows do not open far enough for proper air
circulation, Doing regular tasks in the unit is more
difficult because it feels like sauna. My tenants don't
renew their leases or cancel because of this problem.

929-931

457

Kevin Schuh

Ventilation is poor / High Temps. Windows size do not
provide enough fresh air. Temps in unit can go over 100
lon a 75 day. 2 ducts were clogged with dirt) The design
has an internal screw that cannot be cleaned or removed
without opening] the wall. No air flow.

944-946

260 & 915

Randy
Johnson

Heat is a major concern. Unit is unbearably hot at all
times of day or night. It doesn't matter what the weather
is like and unit is not in direct sunlight except for moming
hours. | would consider this to be hazardous to small
children or animals and creates problems for electrical
lequipment.

1067-1069No ventilation and air condition. Extremely hot room from)
sunrise to sun down during spring - summer, especially
master bedroom. Impossible to perform normal activities
such as sit, stand, sleep, eat, listen, read, write and
think. This is due to: 1) greenhouse-like design and
icanstruction using glass wail without constructing proper
and adequate ventilation and air condition. 2) think and
lower quality of wall glass and window resulting
attenuation of heat and noise (and all conditions of
outdoor temp. change). | installed UV/heat resistant
double construction screen and drapery but this custom
made device without air condition and ventilation could
not keep the design + construction defects of the room

1003/}S. Pytlik lon this 10th floor home. 1091-1097
Excessive heat. Although film is applied to window, it
was an insufficient measure against exterior ordinary
Andrew heat created by external factors, driving up temperature
669j}Jones in the condo to degrees that affect heat and safety. 1269-1271Homeowner Questionnaire

This form is intended to obtain information from you regarding any actual or
potential deficiencies in the residential construction, design, specifications, surveying,
planning, supervising, testing, or observations of your unit at the Beacon. Please complete
this form and retum it to the Association on or before September 18, 2006. The
Association will ensure that your concerns are transmitted to the Beacon builders and
related parties.

Homeowner Name = van) J Cc L ! { i eR ]
Unit Number 7? O ¢ a

1. Water. Does your unit suffer from any problems with water (such as but
not limited to unintended water/moisture passing through the doors, windows, roof/roofing
systems, deck, balcony, balcony systems, exterior stairs and stair systems, foundation
system and slabs, hardscape, stucco, exterior siding/walls, retaining and site walls, lines

and components of the plumbing system, sewer system, and utility systems, any enclosures _

or tiles leaking into any interior walls)? If your unit does suffer from such a problem,
please describe the details below:

NM

2. Structure. Does your unit suffer from structural issues (such as but not
limited to problems with the foundation, load bearing components or slabs)? If your unit
does suffer from such a problem, please describe the details below:

No

BRCA006363. Soil Issues. Does your unit suffer from any soil problems (such as but not
limited to soils and/or engineered walls causing in whole or in part damage to the structure
built upon the soil or engineered walls, or the unit to be unsafe)? If your unit does suffer
from such a problem, please describe the details below:

Ni

4. Fire Pretection Issues, Does your unit suffer from any fire protection
issues (for example, is your unit constructed to materially comply with the design criteria
of the applicable government building codes, regulations, and ordinances for fire
protection, are any and all fireplaces, chimneys, chimney structurés and termination caps
constructed and installed in such a ay so as not to cause an unreasonable risk of fired
outside, are the electrical and mechanical systems constructed so as not to cause an
unreasonable risk of fire)? If your unit does suffer from such a problem, please describe
the details below:

a base pean an ry ue
J a the viet Oven Le stove note

% @ le tel ut ate) ne wh ‘ch, m”
ii art les fom fe tt od “bes tL & he
CEdey

5. Plumbing and Sewer Issues. Does your unit suffer from plumbing or
sewer issues that the builder is responsible for (are your plumbing and sewer systems to
not materially impair the use of your structure)? Lf your unit does suffer from such a
problem, please describe the details below:

Taile¢ Hurley virg weakly bhel, doe
fhe low wah? oe Ersun Lily

uty Pr pil l wt Lhyl uribi One
A alls des Me hedh fer oF Sool
sp Mf Char hof P- My Jyprd fo be

BRCAG06376. Electrical System Issues. Does your unit suffer from electrical system
issues (do your electrical systems operate properly and not materially impair the use of
your structure)? If your unit does suffer from such a problem, please describe the details
below:

7. Other Concerns, Does your unit suffer from other problems which you
believe that the builder should be made aware of? If so, please describe below:

The Seva tenpe fire Zt late, repel
(hay

ofl Lie Nf Aed- My Unit Cen

Pol gs dastes uty it ur Ss otide,

ad clhmly over 100 uke, os OF

8. Time and Date of Unit Irispection. My unit is available to be inspected
during the week of September 18 at the times and dates set forth below:

oftdé_

Ceenll ofl eA he attra od) Leng

Viewe email Fey @ sfrnap slob. Crs
call Y[0~ 275-372 Con berm.

9. Finally, if you feel that you have no issues of which you are aware,
please indicate such via a statement below:

om

BRCAQ0638

|Homeowner Questionnaire

This form is intended to obtain information from you regarding any actual or
potential deficiencies in the residential construction, design, specifications, surveying,
planning, supervising, testing, or observations of your unit atthe Beacon. Please complete
this form dnd retum it to the Association on or before September 18, 2006. The
Association will ensure that your concerns are transmitted to the Beacon builders and
related parties.

Homeowner Name A.) 4 Ghee Vow

Unit Number Bé(

1. Water, Does your unit suffer from any problems with water (such as but
not limited to unintended water/moisture passing through the doors, windows, roof/roofing
systems, deck, balcony, balcony systems, exterior stairs and stair systems, foundation
system and slabs, hardscape, stucco, exterior siding/walls, retaining and site walls, lines
and components of the plumbing system, sewer system, and utility systems, any enclosures
or tiles leaking into any interior walls)? If your unit does suffer from such a problem,
please describe the details below:

Lee fillecled.

2. Structure. Does your unit suffer from structural issues (such as but not
limited to problems with the foundation, load bearing components or slabs)? If your unit
does suffer from such a problem, please describe the details below:

See Malad

BRCA008783. Soil Issues. Does your unit suffer from any soil problems (such as but not
Hmited to soils and/or engineered walls causing in whole or in part damage to the structure
built upon the soil or engineered walls, or the unit to be unsafe)? If your unit does suffer
from such a problem, please describe the details below:

ul

4. Fire Protection Issues, Does your unit suffer from any fire protection
issues (for example, is your unit constructed to materially comply with the design criteria
of the applicable government building codes, regulations, and ordinances for fire
protection, are any and all fireplaces, chimneys, chimney structures and termination caps
constructed and installed in such a ay so as not to cause an unreasonable risk of fired
outside, are the electrical and mechanical systems constructed so as not to cause an
unreasonable risk of fire)? If your unit does suffer from such a problem, please describe

the details below: A

5. Plumbing and Sewer Issues. Does your unit suffer from plumbing or
sewer issues that the builder is responsible for (are your plumbing and sewer systems to
not materially impair the use of your structure)? If your unit does suffer from such a
problem, please describe the details below:

jh

BRCA008796. Electrical System Issues. Does your unit suffer from electrical system

issues (do your electrical systems operate properly and not materially impair the use of
your structure)? If your unit does suffer from such a problem, please describe the details

below:

NA

7 Other Concerns. Does your unit suffer from other problems which you
believe that the builder should be made aware of? If so, please describe below:

See fh Hevled

8% Time and Date of Unit Inspection. My unit is available to be inspected
during the week of September 18 at the times and dates set forth below:

Ary fra, ples Cell me eden

Hoa. iS - FPF - oF
Ci: Blo - Ho - 7EBF

9. Finally, if you feel that you have no issues of which you are aware,
please indicate such via a statement below:

vi

BRCAO0880HOMEOWNER WARRANTY REQUEST

SB800
09/17/06
Philip and Shannon Kerr
Unit 361
260 King St
Water:

Blocked Pipes/Leaking Ceiling/Potential Water Damage:

The design of the dryer venting system seems to funnel dryer exhaust and moisture
from several units through two vent pipes in the crawl space above our closet/mursery.
Each of these pipes above our closet has a lint trap installed which is accessed via a
Jadder through a panel in our closet. There is also a switch in the craw} space that
activates a vent fan. Approximately once a month the lint trap fills up and creates a
blockage. This blockage quickly accumulates water and, with no exit, the moist vapor
is forced into the crawl space. Water accumulates and leaks down onto the metal door
that leads into the craw! space. It then drips into our closet/nursery, onto the floor and
onto the crib.

The moisture has rusted the metal door in the ceiling and this door needs to be
replaced/repaired.

Although we have not bad any mold problems to date, the moist environment caused
by this problem creates a perféct breeding ground for mold and its associated liability.
We have brought this issue up numerous times with HOA management and with
warranty. The building engineer, Jason Horner, was very responsive to the initial
situation. He has been up to our unit and seen the problem in action. He quickly
installed a separate lint trap on our dryer so we could regularly change it. This
mitigated part of the problem, however, it is now apparent that other dryers use these
same vent pipes. Lint continues to accumulate, the ceiling continues to leak and the
problem persists, The solution proposed by Jason and his team has been to come by
and clean out the lint traps if there is a problem. I also climb up into the crawl space
at regular intervals and clean the lint traps. This solution is unacceptable as it requires
us to solve a problem with the building design. Having maintenance regularly access
our unit to fix the problem is also unacceptable. We need to engineer a better solution
where the lint traps are removed from the private access in our closet/baby room.

This issue is clearly systemic as we had a similar problem in our previous unit (362 in
Building 250).

This also explains the numerous complaints I have heard about poor dryer
performance. Because the lint traps are not located near the dryers, residents have no
idea when their dryer performance is compromised by a clogged lint trap that may be
located elsewhere (say in our closet for example).

BRCA00881Water Intrusion:

The drywall above our living room window bubbied and buckled a few months back
in an area about I foot long by 8 inches deep. Once again Jason was terrific
responding and directing warranty on the issue. The drywall was patched right away
after we submitted a warranty claim. However, the source of the water was never
addressed and, to our knowledge, has not been fixed. It is imperative the source be
located and any potential for leaking through the roof be resolved so the problem
doesn’t resurface.

- We live on the third floor so clearly the bubble was caused by water intrusion from

the deck located above us on the fourth floor.

The apparent follow up was high pressure testing but we have not heard any
additional response on this.

Was there a leak? Was it fixed?

Is there stil! potential for water to penetrate from above?

How can we be assured that this problem has been fixed?

Heat:

Heat remains a problem with the unit on sunny days, Although a tinted film was
installed in the windows both the windows and the shades heat up to extremely high
temperatures on sunny days, This in turn quickly increases the heat in the unit to
unacceptable levels. Unfortunately there is poor airflow through the unit which makes
it difficult to get coo! air from outside to alleviate the problem.

Is there a way to cool the windows or provide a reflective coating that keeps them
from heating up to the levels they do?

» > Is there an air-conditioning solution?

.

Is there a way to increase airflow though the unit?

We have greatly appreciated the hard work and positive attitude of the staff at the
Beacon, Jason and Wendy are responsive and cooperative. However, they seem to have
their hands tied when issues are related to warranty (as warranty is not their department).
Requests into Warranty have likewise not resolved the problem. The end result is the two
issues above have been discussed multiple times and partially addressed to the limited
scope within Jason’s control. However, they have not been resolved. They need to be.

~Phil and Shannon Kerr

Cc: Jason Homer
Wendy Powers
John Tashjian

BRCA0G882Homeowner Questionnaire

__.. This form is intended to obtain information from you regarding any actual or
potential deficiencies in the residential construction, design, specifications, surveying,
planning, supervising, testing, or observations of your unit at the Beacon. Please complete
this form and return it to the Association on or before September 18, 2006. The

__ Association will ensure that your concerns are transmitted to the Beacon builders and

related parties.

Homeowner Name CEOR bE BE: ASTIERAO XK Room Phew.
oF Ober aA clan Oty community property,

LZ.  2:20pm,

9. Finally, if you feel that you have no issues of which you are aware, . i
please indicate such via a statement below: :

howl pee fr Then eooeeg

BRCAO1093fms ese TO: 44978866

» % x

(Ga Ryfthd

tefermation for Beaces Residential Community Association SB £06 Ctrl

Nee SHOKS —— PYTLIK, usnaseed us Diego, 28

A. The following common area defects ere included in dw Amociation's 8B 10D

elaiens to sellers and the bulidcr/devcloper groups,

t, Lepking in the ceiling of the garage.

2. Pooling of water in courtyard und catwalk areaz, creating pools of stagnant water with
resulting health and safety hazards.

ne tatag tom defers ine rot and eosin sytem of thee Benson

[projest, inaluding defective construction in the area of vents and other roof
penetrations. .

4 Water leakage trom the swimming poo! into the pool saom and garage.

5, Defects in the design, irrigation, drainage and landacaping of the dog park thet do not
fikits intended use and have required premature replacement of landscaping.

6. Defective construction and/or installation of the pool and spa benting aystoms and
ulated ges lines and air flow meshsnisms for the homing of the swimniing poul and
spas. .

7. Defective corutruction in catwalk areas between residential towers, including defect
jn construction and/or installation of the raitings and related vibration and nolser
coming from the cailing that can be heard in residential unite;

&. Improper installation of carbon monoxide sensors in the parking garage.

jpet design/plocement of fire exit door from garnge arex ty lobby, resulting in
potential fire and security hezurd.

10, Defective instalistion in the gym of television units, including wiring and power
sources, and reluted maifunctioning of the televisions,

Uf you ure aware of other possible construction defeets In common arses of The Beeson

(not inside your urtit), please ilst them here, avd specify the incation:

Ne. Bo amd. No. FS ane OMMGAL $y)

Pag

BRCA01094vive unr

BRCAQIOG5/ ‘ 70: 4478068 P.34
2g
\ rs

12. ¥ Defects in the design and/or foam insulation above the top of the windows in

severe} units, causing the foam to come out of its casing attd causing transmission of
odors from other units, 4/0 3

_  Wyow have oxpericaced

in the list above, please describe tiem below and specify the focation.
A. actin Bath. Ron. Cod osama ttneh nd te
anythin » Qne . We
mormoat and. nual by cant tte aheotadel, fas nerinel),
he ee Pome. ¢ an. The. @riginal owner
sts.

Opp hes pin
9 realy col. there ara alifeE no He. Kitehow .
5 Countel top That ie Lmnacnptoble for Ue Lome J¥/, 030,000,

. Fiting a warrenty clara under your fit und finish warranty: ‘With respect to afl these
possible defects in your own unit, we suggest you also submit a Claim to the Warranty
Some of these | may come under the fit and finish le
rurtted in bipdembor , 06 Sut Waa _
é. Extreme Raat nr Make deel soem fer wancriise. TS

Aanaat Orang Spreng ona Shommewe s dnposs't-La.,

7 palm wertmal Rima aetivitite tucheas gif
7 Abpsp, 207, Diaton-, read, wrth. ac Bid .~

This io dure BIO green Rarrae — hike ceaign atiol.

in the interior of your unit that are nat included

-

consti. ua woth. wi Cond turctin

Bren biped erie tntinmaudairandent

D thin ancl Louatal pyiotts 3. wolbylass avel di nelen
. Ataubting Proce nnakion )\ Peat anol

Ineiee Canol all cmtion }. destoloas limp, ange).

* Da Sneaks Pome jo rignifi math»
shaw eee em tetd Siadacg er,
, NefesD imatatbecl bay rect oaiatoury houfte contruction,
mo oretn and or but Cudtom Made lavite
4} He Pees ages Ae. ete rap!
ee ok Flog { -

i
i

BRCAQ1096A. (cont) Note ¢
* 9 With reaerae ry anener on ts 2, 6.8, ame. 9

untel, a. al investigations js pur for mil
Ay east + Constinateo spectaliat,

Conabuictioon? wo eiaBeone penaty wo abudouly,
i Cnauad,

pbatration’ abkough 9 bnec Cuber, Ltad
a. The following defects included in the Association's SB 800 claims may be

systemic problems with aif or some residential units. If you have observed any of these
problems in your unit, please piace a checkmark in the space provided,

vf

Au. Note, 1. _@  Lesking windows and leaks at ceiling areas in certain residential units.

xdee, Note. 2. . @_ Pooling of water and/or leakage into residential units from the batconias and
patios of sore regidential units.

3. J Construction of walls and roof areas that fail to comply with inter-unit noise
transmissiuns standunts with respect tu nuise, uffecting some residential units, #/00.7

4 WA Detective construction or installation of the heater/light/fan units in bathroom
and switches far the unit and celated malfunctioning, wut de roo2

5. Defects in design and installation of the windows, resulting in a failure to
provide either windows with sufficient operable area for ventilation, or failure to
provide a mechanical ventilation system 48 required by applicable government
building codes, regulations and ordinances, nit’ #1003 |

Ate Nota. 6. @_ Improper design, construction and/or installation of ventilation components
and dryer ducts in residential units and related water damage.

7. ¥ Cracks in interior walls in some residential units, 3 (223

ee. Nota, 8. _@_ Improper design, construction, location and/or installation of Z ducts, fire
dampers, ventilation systems in the kitchens, and related Isck of air cireutation and
excessive transmission of odors into and within residential units.

ai

Act, Nofe. 9. _@ Unoven floors in some residential units.

10, Defective wiring under the cabinet light foxturey in residential unit kitchens,
necessitating repeated and premature replacement of lights,

We Defects in the design, materials used and/or installation, including required
~ glazing, of gluss windows in several units, causing the windows to crack.

TO:447aa66 Peg

BRCAO1097Sep 17 06 10:1%a Jones 650-898-1522

)

a

Homeowner Questionnaire

This form is intended to obtain information from you regarding any actual or
potential deficiencies in the residential construction, design, specifications, surveying,
planning, supervising, testing, or observations of your unit at the Beacon. Please complete
this form and retum it to the Association on or before September 18, 2006. The

Association will ensure that your concems are transmitted to the Beacon builders and
related parties.

Homeowner Name A. mdf peall Karaka Sones
Unit Number 664

x
Note: We hewe Ly fry pred He beuconr ef Hise Bei-eo,
1. Watek ob wd ket RE any problems with water (such as but
5 not limited to unintended water/moisture passing through the doors, windows, roof/roofing
) systems, deck, balcony, balcony systems, exterior stairs and stair systems, foundation
system and slabs, hardscape, stucco, exterior siding/walls, retaining and site walls, lines
and components of the plumbing system, sewer system, and utility systems, any enclosures
or tiles leaking into any interior walls)? If your unit does suffer from such a problem,
please describe the details below:

2. Structure, Does your unit suffer from structural issues (such as but not
limited to problems with the foundation, load bearing components or slabs)? If your unit
does suffer from such a problem, please describe the details below:

/ ° hipiry wy éthoedt be Perea bu lelys Pesoncyet
Caer Oe adds Su bremrencdrialy leu
noite in Qur fome. Littl sxacebered by
Sh rec tee git OWT ets a Or poh b
o Clon dot Ch drew) oh ys com uct Sl Lt
Or yuh Upbeat Aggie sucha thet de
Nawel pecke .

BRCA01269BU-Hs9-1522

3. Soil Issues. Does your unit suffer from any soil problems (such as but not
limited to soils and/or engineered walls causing in whole or in part damage to the structure
built upon the soil or engineered walls, or the unit to be unsafe)? {f your unit does suffer
from such a problem, please describe the details below:

J Peng tl omic, Where. ness mw ow
Cote fat my refit $./ gsires-

4. Fire Protection Issues. Does your unit suffer from any fire protection
issues (for example, is your unit constructed to materially comply with the design criteria
of the applicable government building codes, regulations, and ordinances for fire
protection, are any and all fireplaces, chimneys, chimney structures and termination caps
constructed and installed in such a ay so as not to cause an unreasonable risk of fired

) outside, are the electrical and mechanical systems constructed so as not to cause an

‘nreasonable risk of fire)? If your unit does suffer from such a problem, please describe
the details below:

A 0 Liste suttch, -tinits cpr bs, mere specite c€4

PO Te Gn sutht, m fe Phage see PA Ue

5. Plumbing and Sewer Issues, Does your unit suffer from plumbing or
sewer issues that the builder is responsible for (are your plumbing and sewer systems to
not materially impair the use of your structure)? [f your unit does suffer from such a
problem, please describe the details below:

BRCAQ1270650-899-1522

Electrical System Issues. Does your unit suffer from electrical system
o your electrical systems operate properly and not materially impair the use of
ucture)? If your unit does suffer from such a problem, please describe the details

Ve Se omewe DR By th Qmits KS

2 Other Concerns. Does your unit suffer from other problems which you
believe that the builder should be made aware of? Ifso, please describe below:

Jom Recess het .
; . eh ik, feat 6 muy
pp wal Th Wey ern
Ae che inert ayant en

ey aT net Sy emer —