Cy-Fair apartments' leaky roofs generate lawsuit

A Harris County management company is suing after, it says, it lost over $33 million when it was misled by developers during the sale of a Cy-Fair-area apartment complex.

Community Management filed a lawsuit on Aug. 15 in Harris County District Court against Cutten Development and Davis Development, alleging breach of contract, negligence, breach of warranty, fraudulent misrepresentation, negligent misrepresentation and fraudulent concealment.

Community Management says that on Aug. 15, 2007, it entered into an agreement with the defendants to purchase Villas at Cypresswood, located at 9844 Cypresswood Drive in Cy-Fair. The suit alleges that during the sale, the defendants claimed the property's roofs were in good condition and did not leak, even though 80 percent of the complex's buildings had water leaks.

On Sept. 23, 2010, Community Management learned the leaks were caused by the roof and waterproofing systems deviating from the property’s construction plans and specifications.

Community Management is seeking over $33 million in damages, attorney’s fees and court costs. It is being represented in the case by Friendswood attorney W. David Torok.

Harris County District Court Case No. 2011-47964.

This is a report on a civil lawsuit filed at the Harris County Courthouse. The details in this report come from an original complaint filed by a plaintiff. Please note, a complaint represents an accusation by a private individual, not the government. It is not an indication of guilt, and it only represents one side of the story.