Tenant of Marina Bay luxury apartment files class-action lawsuit: Here's what we know

QUINCY − Along the boardwalk of Marina Bay on a June afternoon, painted boats reflect the sunlight as diners chat over lunch menus. Two five-story luxury apartment buildings rise above the picturesque scene. But if you visit long enough, the drone of cranes, the banging of work tools and the heavy tread of boots on metal scaffolding intrude upon the festive atmosphere.

Yellow vests and hard hats have converged on the south building of Meriel Marina Bay, a 352-unit luxury apartment complex spanning two buildings that opened in 2018. Workers have stripped off the exterior façade after defects in the site's design and construction led to water penetration, structural damage and mold growth over the past five years, according to court documents filed in two separate lawsuits.

Last month, tenant Dany Abouelkhier filed a class-action lawsuit in Norfolk Superior Court against the property owner and management company on behalf of all past and present tenants, accusing the defendants of concealing the nature and extent of the water damage, as well as the scope of the work needed to repair it.

In the complaint, Abouelkhier's attorney Jonathan Sweet, of Milton-based Keches Law Group, demands that the owner, Marina Bay Residences LLC, and the management company, Bozzuto, establish a fund to compensate the class.

Hines, a global real estate firm and Marina Bay Residences' parent company, denied the claims in the lawsuit. Director of Public Relations Marisa Monte-Santora emailed The Patriot Ledger the following statement:

"We take this matter seriously and are committed to ensuring the health and well-being of our residents. We deny the allegations pled in this complaint that we did not disclose the extent of the repairs. Contrary to the claims made in the lawsuit: As the extensive repair plans have been finalized and scheduled, impacted residents have been notified; any interior mold identified by our experts was promptly remediated; air testing has shown zero indication of the presence of toxic black mold."

Bozzuto's management team at the property declined to comment and did not respond to emails.

Meriel Marina Bay: The property

The north and south buildings of Meriel Marina Bay face each other across Victory Road, which runs along the waterfront. The units range from studio apartments costing about $2,800 a month to four-bedroom units whose monthly rates exceed $6,500. Sweet said the median unit is a two-bedroom costing about $4,000 a month, like the one rented by Abouelkhier.

In addition to the 352 luxury apartments, the ground floors of both buildings house a combined 20,000 square feet of retail space. The north building, which sits right on the boardwalk fronting the water, hosts Breakwater Brewery and Reelhouse Marina Bay restaurant, as well as other commercial tenants.

In court documents, Marina Bay Residences acknowledges that "repair and remediation work is extensive and ultimately will require essentially re-cladding the entire property." Elsewhere, it states that work will "probably not be completed until the middle of 2024." As of now, the repair work is almost entirely concentrated on the south building.

What led to Marina Bay lawsuits

The following timeline is drawn from two civil complaints: the class-action lawsuit brought by Abouelkhier against Marina Bay Residences and Bozzuto Management; and a suit brought by Marina Bay Residences against its general contractor and architect.

• Summer 2015: Construction begins on Meriel Marina Bay. The developer engages Callahan Inc. as its general contractor and Cube 3 Studio as its architect. Callahan Inc. is also construction manager at The Abby, the massive mixed-use development on Hancock Street along the Red Line at North Quincy Station.

• April 2018: Construction of Meriel Marina Bay is completed.

• Winter 2018-19: Water penetration of the building's exterior facades is detected. Callahan Inc. begins repairs.

• Winter 2018-19: During repair work, more leaks are found inside. Crews find water entering through the spaces above windows in multiple units.

• Winter 2018-19: An inspection by Callahan Inc. identifies weatherproofing defects, deteriorated plywood and cracks in the air and water barriers.

• Fall 2020: Mold is detected inside the buildings.

• May 2021: Workers find structural damage to the exterior walls supporting apartment balconies.

• November 2021: Marina Bay Residences sues Callahan Inc. and Cube 3 Studio. Callahan Inc. in turn filed cross-claims against Cube 3 Studios and multiple subcontractors. That case is pending in Norfolk Superior Court.

Class-action lawsuit: Why a Meriel Marina Bay tenant is suing

Abouelkhier rents a two-bedroom unit at 550 Victory Road, the south building of Meriel Marina Bay, where he lives with his wife, Sandra Fernandez, and their 11-year-old son.

The family was one of the first to move into the new complex in 2018. Initially, they found it to be as advertised.

"We loved it," Fernandez said. "I always asked for a longer lease. We never expected a problem."

But Abouelkhier and Fernandez told The Patriot Ledger that their slice of heaven turned into a headache around December 2022, shortly after they renewed their lease.

The repair work started slowly, Abouelkhier said.

"We were told it would just be a face-lift, a one-month inconvenience," he said.

Now, seven months later, the work continues.

"The worst part is the cranes," Fernandez said, referring to the loud drone of the heavy equipment.

Fernandez and Abouelkhier said their son began to experience troubling symptoms such as headaches and rashes, which they attribute to mold.

What the plaintiffs are seeking

The lawsuit contends that the owners and management company made misrepresentations and concealed information from tenants signing or renewing leases. Sweet, the lawyer representing the plaintiffs, said he wants his clients to get the compensation they deserve. No specific amount is sought in the lawsuit, and a court date hasn't been set.

"In exchange for rent, you get things," Sweet said, such as the quiet enjoyment of one's apartment and freedom from water infiltration and mold growth. "(Tenants) have paid their end of the bargain. Ownership and management are not holding up their end."

Sweet said the lawsuit seeks to even out that imbalance and reimburse tenants for the peace and amenities of which they've been deprived. Repair work has rendered common areas, a courtyard, the gym and the use of balconies inaccessible to tenants, he said.

Abouelkhier said the daily banging, sawing and sound of wood being ripped from the building's exterior make his daily routines impossible. He works remotely and homeschools his son.

"Some days I just have to give up," he said.

Thanks to our subscribers, who help make this coverage possible. If you are not a subscriber, please consider supporting quality local journalism with a Patriot Ledger subscription. Here is our latest.

This article originally appeared on The Patriot Ledger: Marina Bay luxury apartment tenant files class-action lawsuit