The noise in this video is not ciciadas. It is an air conditioner at Lexington Park Luxury Apartments struggling (and I assume failing) to cool one of the residents apartments over the hot Labor Day weekend of 2014. Lexington Park is owned and managed by The Connor Group, whose managing partner is Larry Connor.
Before there was The Connor Group, there was Connor & Murphy. Before there was Connor & Murphy, there was Connor, Murhpy, & Buhrman (CMB). CMB did business as Greenfield Station Apartments. CMB/Greenfield filed a civil suit against a resident that broke their lease. The court ruled that the resident broke her lease without liability; CMB/Greenfield breeched their landlord duties; and CMB/Greenfield constructively evicted the resident by failing to make the apartment in a fit and habitable condition. Case closed, right? Wrong.
CMB/Greenfield appealed the decision disagreeing with those positions. The judges of the appeals ruled otherwise and affirmed the previous decision. The court went on to educated CMB/Greenfield on the obligations of a landlord under the law and previous cases that demonstrated the same. One such reference dealt with the repair of air conditioning. One example case was from 1995. Another example case was from 1984. CMB/Greenfield filed their lawsuit in 1999.
This weekend, I walk on to their Lexington Park property and find the same shit going on there that HUD found 5 years ago and the same shit that Larry Connor was pulling 15 years ago. TCG held their black tie grand opening of their $18M corporate office this month.
Success by ignoring the law and not doing your job.
Buckeye’s first game of the season and it’s not on TV. There’s something un-American about that. It’s still a 3 day weekend. It’s sunny and 91 degrees. What better way to finish off summer than a refreshing dip in the pool.
Uhmmm… OK. That doesn’t look too refreshing.
No problem. Pass on swimming. We can still soak up some sun and some suds.
That’s odd. The gate is locked. The pool is full. The chairs are carefully arranged around the pool. Why is the pool not open?
“I don’t know. They fill it up. They let it empty. They fill it up again.”
Again that’s odd. It’s almost like they’re putting on a show for special guests. If The Connor Group is a billion dollar company employing hundreds of people, what are they doing with all that money, time, and resources if not delivering value to their residents?
Lexington park is a good place to live over all. Maintenance is quick to respond when you have a problem, and fix it right the first time. Only real issue I have is they advertise two pools, but during the past 5 years I have lived here they have never been open at the same time, and it doesn’t look as if they have any intention of fixing the larger pool. Office staff always very friendly, great neighborhood, quiet, and great with pets. I have no intention of leaving anytime soon. -LINK
That review was last updated in July. I bet some plucky SMT has devised a solution.
Later, we will attempt to solve a similar problem of how fast did your furniture flow out the door of your apartment that you can’t unlock. We also may need to review how water & sewer bills go out when the state of NC says they should stop.
Sorry for that brief interruption. A little confusion there. There exists an email address that will post automatically and anonymously to this blog. I think someone used it by accident to try and contact me. RENTN (the little a with a circle) RUNBOX (period)COM is a good way to do that.
Be careful using that other email address because it shoots up here un-edited. Sorry for the confusion.
A representation is made by a defendant in the course of a transaction in which he has pecuniary interest
The defendant supplies “false information” for the guidance of other in their business
The defandant did not exercise reasonable care or competence in obtaining or communicating the infomation
The plaintiff suffers pecuniary loss by justifiably relying on the representation
Courts have focused on whether the fact about the property alleged to have been misrepresented by the seller was discover-able by the purchaser
In other words, sellers have a duty not to represent falsely a condition that is known only to them and that cannot be expected to be diagnosed by the exercise of reasonable diligence by the purchaser.
McWilliams v Barnes, 242 P.2d 1063 (Kan. 1952)
Chapman v Hosek, 475 N.E.2d 593 (Ill. App. Ct. 1985)
Gilchrist Timber Co. V ITT Rayonier, 696 So.2d 334 (Fla. 1997)
–Common Law Approaches To Non-Disclosure/Limited Disclosure of Environmental Liabilities, Sharon M. Mattox, The Practical Real Estate Lawyer
The Connor Group supports education in the communities they do business. Here, at a The Quarry Luxury Apartments in The Columbus area, the staff is helping local science students with their bio-tech start-up project by fermenting a nutrient rich broth in their hot tub. The students are working on developing a chameleon-like mold that will absorb pigments from paint. If successful, the work will benefit The Connor Group by making it easier to paint over water and mold damage and save them the time and expense of actually dealing with structural problems.
The signed law is restated (codified) in Ohio Revised Code (ORC).
ORC 5321.13 is titled: Terms Prohibited in rental agreement.
Item (C) states:
No agreement to pay the landlord’s or tenant’s attorney’s fees shall be recognized in any rental agreement for residential premises or in any other agreement between a landlord and tenant.
The Connor Group (TCG) lease states:
In the event of the employment of an attorney by Management because of a violation by Resident of any terms or conditions of this Agreement, Resident shall pay attorney’s fees and other costs or expenses incurred by Management in connection therewith, which shall be considered an additional fee and shall be secured hereunder.
Pop Quiz: Is the TCG lease clause illegal?
If you answered ‘Duh! Yes. Are you illiterate or just a <insert name of rival school> graduate?”
Bite me. Beside, TCG and Dunlevy, Mahan & Furry say you are wrong. The clause from the TCG lease is not “illegal”. It is merely “unenforceable”. Let me assplain.
TCG considers it defamatory to say their lease contains illegal clauses. TCG’s position is that their lease merely offends the public sensibilities and a court will not enforce it because it harms one of the parties involved or could pose harm to society as a whole. Again, that is my layman’s interpretation of their position. It is possible they believe their lease is unenforceable due to misrepresentation, nondisclosure, unconscionably, or other reasons. TCG, who has been owning and operating thousands of apartment units in Ohio since 1991 and contracts the services of many of Ohio’s largest law firms, may not have been acting in bad faith in using an unenforceable clause in their leases. They may have just made a mistake.
TCG also had another interesting take on this, but I shall ask for a recess to wash my face. I’m either suffering from Ebola or this Mickey Mouse bullshytt is causing me to bleed from my eyes.