Aurora resident wants city to pay for home repairs

Jason Minalga has a problem with his house.

The Aurora resident, who works for an engineering firm, says his 1,500-square-foot duplex on the city's far east side is actually twisting off its foundation.

The foundation has cracks, some as wide as three-quarters of an inch, he says, indicating the house wasn't properly built.

And he believes the city of Aurora ultimately should be held responsible for paying the estimated $22,000 needed to fix it.

Minalga made his case before aldermen at a recent city council meeting and at a buildings, grounds and infrastructure committee meeting.

A city spokeswoman, however, says it's not uncommon for homes to shift over time.

Leaders have been trying to work with Minalga to resolve the issue, spokeswoman Carie Anne Ergo says, but at this point the city "has no intention" of paying for repairs.

"This is not the city's responsibility," she said.

Minalga moved to his three-bedroom house in the Colony Lakes subdivision, which was built in 1992, about six years ago.

In early 2006, he started noticing cracks in the drywall, and things only have deteriorated since.

He compares his house to a picture frame, with a still picture in a tilting frame. Parts of his home are settling quicker than normal, he says, which has caused significant foundation cracks and sheetrock damage.

That has created problems, he says. His family, which includes his wife and a newborn, are unable to completely open and close some doors and windows.

If the settling continues, he worries the attached house also will be compromised. A natural gas line that enters his home on a wall also could be affected. And he worries he won't be able to sell his home someday.

After Minalga discovered the initial problems, he began researching the house's history, paying about $1,500 from his own pocket for tests and consultants.

He believes his house was built improperly on poor soil and what may have been former wetlands.

But he may never know for sure. Greater Midwestern Development, which built the subdivision, is no longer in existence. Records from the Secretary of State show it was dissolved in 2001.

Dealing with city leaders has been another challenge, he says.

hey initially told him he was eligible for an interest-free loan, and then rescinded the offer, he says.

They also have failed to produce certain documents associated with the construction of his home, such as foundation inspection reports.

"It appears some people have been asleep at the switch," Minalga said. "There's been very little accountability in my government."

Ergo says a flood and a fire in the past 12 years destroyed thousands of city records. But despite a lack of physical papers, a city database shows that area passed all necessary inspections at the time.

Minalga applied for grant funding through the city, but his income deemed him ineligible, she says.

"It wasn't until that point that he ended up having an issue with the city," she said.

She says it's ultimately the developer's job to ensure an area's soil can properly support a home.

"A lot of times it's no one's fault," she said. "It's just how Mother Nature works."

Minalga says he's lucky to have been able to do the research he did. Neighbors from at least seven other homes have expressed similar concerns, he says.

The city says no one else has come forward.

At this point, Minalga is asking for the city to install piers to support the house and prevent future movement, as well as raising the garage floor back to its original elevation.

He says by giving them an opportunity to help now, he is offering leaders "an out." He believes this has become an urgent public matter -- particularly with a questionable gas line -- and wants it resolved before things become messier.

"They can't say I haven't tried," he said. "I'm just the poor (guy) who bought the wrong house on the wrong lot. Why should I be accountable for someone else's mistake?"