Viola Gardens, LLC, the developer of a Monsey condominium project that is in litigation due to allegations of zoning and building violations, has admitted in court documents that it erred in marketing the properties as multifamily units, Matzav.com has learned. It took the further step of offering all purchasers the right to back out of their contracts and get their money refunded.
The Ramapo Town Board had approved up to 44 single-family units at the site, without accessory apartments, in February, 2013. In documents filed last week, the developer stated that its offering plan for the sale of condominium units “contained an error stating that there are accessory apartments.” As to whether the developer is attempting to apply for permission for such additional apartments, defendant Viola Gardens plainly stated that “there is no such application.”
The developer also admitted that if there ever were such a use at the project, even the chief building inspector, co-defendant Anthony Mallia, agreed “there would be a code violation.”
“We have made it very clear that there is no approval and that no occupancy other than what was approved by the Town Board will be allowed at that site,” Mr. Mallia is quoted as saying. “We are keeping a close eye on the project along with other agencies.”
In a second amendment to the offering plan submitted to the NY Attorney General, who is also watching the project, the developer states that due to the marketing mistakes, it will offer unit buyers under contract a 15-day “right to rescind their Purchase Agreements,” though it is unclear when, or if, that period commenced. According to its papers, the developer has 22 units under contract.