Icon condominium owners fight developer for reimbursement following pool structure issues

Posted at 5:47 PM, Apr 23, 2019
and last updated 2019-04-23 22:01:23-04

NASHVILLE, Tenn. (WTVF) — Condominium owners at the Icon in the Gulch were forced to pay nearly $1.1-million to rebuild their pool after an inspector deemed it was at risk of collapsing. Now, residents are demanding that the developer reimburse them for the project.

There were cracks in the pool, and 1,000 gallons of water leaking every day into the high rise's parking deck.

Years ago, residents like Charlyn Jarrells noticed defects with the pool's vault which was holding it up.

Jarrells said, "The engineer immediately recommended that the water be drained, and the pool be closed, so that they could remove that weight and mitigate the risk of it collapsing."

The Icon in the Gulch Master Condominium Association paid to fix the structural issues with the understanding they would be paid back by the developer, which didn't happen.

Todd Panther was hired by the condominium association to fight back.

Panther said, "And then went through a binding arbitration proceeding where the association was awarded $1.1-million dollars against the developer."

Now, Bristol Development and Icon in the Gulch, LLC is challenging that. They want the arbitration panel's decision thrown out.

Panther said, "They're trying not to pay up at this point."

The homeowners feel the legal battle has dragged on too long.

Jarrells said, "They haven't even stepped to the table to make that right, but yet they're showing it on their website as if it's something great they did."

Jarrells said construction and payment was a burden for owners.

Jarrells said, "We did take out a loan, so homeowner dues have gone up a little bit to cover the actual payments on that loan."

The Bristol Development Group and the Icon in the Gulch, LLC issued a statement:

"As a point of clarification Bristol Development Group is not a party to these proceedings. This project was owned and developed by Icon in the Gulch LLC. There are many factual and legal issues at stake in the matter. Because legal proceedings are still pending, Icon in the Gulch LLC is unable to offer specific commentary at this time."

According to an associate at Sherrard Roe Voigt & Harbison, PLC the Icon in the Gulch, LLC was started by folks at Bristol Development and it was dissolved.

As Todd Panther responds to court filings, owners at the Icon in the Gulch are going to keep fighting to be reimbursed.