GREENVALE Park residents, through their attorneys, have sent a pre-action protocol letter to the Housing Development Corporation (HDC) demanding compensation for their losses in last year's flooding.
The letter, dated July 5, was sent to HDC managing director Brent Lyons.
The 81 residents – represented by Gregory Delzin, Dianne Mano, Rafiya Karim, Joseph Cowles and Melissa Mano – are seeking costs, interests on damages, aggravated and or exemplary damages, damages for distress and anxiety, damages for personal and property and damages for devaluing of interest to their homes. The residents gave HDC until August 5 to respond and settle, or the matter will be pursued in court.
In their letter, the residents say the HDC ignored all warnings and rejections not to construct homes in the flood-prone area and as a result is solely at fault for their distress and property damage. The residents did not say how much they hope to get from HDC, but are willing to discuss a settlement.
In November last year, the Prime Minister said over $30 million was spent on flood relief, with an additional $30 million in grants allocated to affected homeowners. Some households received a minimum of $15,000 while others got up to $20,000.
The HDC said it cost $30,416,004 to repair affected Greenvale homes.
The letter said: "The construction of the development was unauthorised and unlawful. The HDC ignored repeated warnings from various bodies that the site of the development was dangerously prone to flooding and unsuitable for housing. Notwithstanding such warnings, the HDC proceeded to construct the development without the necessary statutory approvals or regard for the flood mitigation measures it had itself identified."
The residents are claiming the HDC was negligent, in breach of duty and caused a continuing nuisance.
The HDC built 435 housing units in Greenvale, a community in La Horquetta, for $336 million.
After torrential rainfall on October 18 and 19 last year, which the Meteorological Service said was equivalent to a month of rain, Greenvale and other parts of the country were overwhelmed by floodwaters.