Consumer complaint received 2023-02-19
Company: Lennar Financial Services, LLC
State: AZ
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Closing on a mortgage

Complaint:
On XX/XX/XXXX, mortgage documents were executed with Lennar Mortgage/Lennar Homes . We were deceived by the product and community promised by Lennar Mortgage/Lennar Homes . The actions of Lennar Mortgage/Lennar Homes are depreciating our home value and that of every owner within the community. 

1-Fire Codes : As the developer, Lennar bypassed all fire code requirements known to them and as the builder, did not have the community inspected by the fire authority upon completion of construction. All communications between homeowners like me direct with Lennar ( sales, construction, management ) confirmed there would be no additional signage, red paint on curbs ( though started on front curbs and left to flake off at the front of the community only ), or other negative impacts to the community upon completion of construction in XX/XX/XXXX. 

Apparently, upon receiving fire violations from the fire authority following their exit of the community, Lennar proceeded with cures mal affecting the entire community all without notice to or feedback from the homeowners changing the look and feel of the community entirely as follows : Lennar did not disclose to us as buyers the red paint and stencil now painted throughout the community. 

They did not disclose to us as buyers the fire authoritys requested monument or commercial-like design of this monument in scale and appearance for planned install at the front of the community by our main amenity ( playground ), which is shared by both condo owners ( 138 ) and single-family owners ( 181 ) within XXXX [ one gated community ]. 

Lennar did not request any kind of exception to fire signage from the fire authority ( e.g. one side of the street vs both sides ). They installed excessive fire signage ( closer than the required 75 ) throughout the community unlike any other community in the county including those built by them also. 

Lennar did not disclose the option for fire stencil on the backflow units at the front entrance of the community. They instead installed signage negatively impacting the landscaped area and overall appearance of the main entrance/exit road to/from the condos. 
All changes to the community referenced above were done under Lennars easement rights following completion of construction. These changes have fundamentally changed the look and feel of the community in a manner that was deceptive. Many homeowners like myself have stated they would not have bought their condos with the community showing as negatively as it does now. 


2-Other deceptive practices : Lennars construction managers repeatedly told homeowners like myself that that street cleaning was planned to ensure clean up of all construction debris and dirt following construction. Street flushing comparable to single family side within the community was requested by our homeowner association via our property management company starting Fall of XXXX. However, without any notice to property management, the homeowners association, or homeowners, one single street sweeping truck came once following construction completion. The streets and parking stalls have been left covered in construction debris and markings now since construction end XX/XX/XXXX. 

Street sealing and resurfacing was promised by Lennar construction manager direct to homeowners on XX/XX/XXXX, but our property manager has said that money for street sealing has been promised by Lennar, but yet to be delivered and no update on resurfacing. All obligation and burden of work for this promise has been passively put on the homeowners via the association though having been promised by Lennar to homeowners directly. 

Final landscape turnover of the common area was rushed by Lennar leaving holes and grading problems along with problems to the irrigation of grass that left the landscape to the adjacent main entrance/exit road of the condos looking subpar and nothing like the model landscaping that was presented to buyers like me. 

3-Easement Damages following completion of construction : Lennars landscape installer has been back to the property several times under Lennars easement right to dig trench for repairs right through newly grown grass installed by the association in front of occupied buildings. The landscaper has left the areas worked on mal affected in appearance. One area in particular is in obtrusive sight at the front entrance/exit of the community next to our main amenity ( playground ) shared by both condo ( 138 ) and single-family home owners ( 181 ).

Fire sign installations were done initially without utility markings ( AZ 811 notice ) so landscape water lines have been damaged and could have had other impacts to underground utilities not yet know. Without any warning to the homeowners or involvement of property management, these installations also damaged newly established, association-paid winter grass. Many of the signs have concrete bases that were over-poured above ground such that the cement is obtrusively showing and so that grass can not grow above them in order to restore the areas to their original states.

One month following construction completion, Lennar marked some 30-40 areas for concrete repair then sent their contractor out without notice to the homeowners to tear out parts of the sidewalk and peoples driveways. They were stopped by the homeowners association and re-scheduled according to the state and federal requirement to have utilities identified before possible further excavation work. But the repairs have left impacted areas unclean with damage to the surrounding landscape. Despite requests from the association to power wash, clean up remnant concrete and ensure damaged landscaped areas surrounding the repairs are restored to their original state, there has been no commitment by Lennar to restore the areas to their original states. 

Lennar committed to repairing upon completion of construction the communitys front asphalt/pavers at the transition of the XXXX gate entrance. This commitment was recorded in the association board minutes of XXXX of XXXX as Declarant as well as documented communications between Lennar and then XXXX XXXX XXXX XXXX. Lennar is now saying that the association responsible for maintenance of this area must now procure a vendor to fix this problem they not only knew about, but chose not to fix.

Company public response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
Company response to consumer: Closed with explanation