A lawsuit was recently filed on behalf of two residents after a northwest Atlanta apartment complex went up in flames during an “unsanctioned” rooftop party.
Residents claim the “actions and omissions” of Bell Partners, the owners of Bell Collier Village, and BCF-Collier Village, which operated and managed the complex on Howell Mill Road, contributed to the fire that left hundreds without a home.
“There’s the prospect of a number of different violations, both in how the building was constructed, how the grills were operated and were present on the roof, the construction of the roof itself,” Frank Bayuk with the Bayuk Pratt law firm said Thursday during an exclusive interview with The Atlanta Journal-Constitution.
The defendants are accused of breaking building and fire safety codes, maintaining inadequate fire controls that “significantly contributed to the fire’s intensity,” allowing a “dangerous and unsanctioned party,” and breaching their legal duty, a complaint filed Sunday states. Residents are now seeking punitive and consequential damages.
The fire began around 6:20 p.m. on July 27 on the five-story building’s rooftop, where more than 100 people had gathered. Bayuk mentioned that not all attending the party were residents.
At some point, a propane grill was filled with charcoal and caused the blaze to ignite, Atlanta fire officials confirmed. The grill being placed on the rooftop violated fire safety codes, the lawsuit alleges. The National Fire Protection Association states that grills are not permitted on balconies, overhangs or within 10 feet of any structure with the exception of one- and two-family dwellings.
When the fire alarm went off, Bayuk said some residents didn’t trust it. Due to alarms malfunctioning and going off randomly in the past, even leading some tenants to move out, Bayuk explained that some people in the building didn’t immediately evacuate.
“There was essentially a boy who cried wolf situation at the complex” Bayuk said.
Over the span of two hours, 80 fire department personnel worked the scene, dispensing more than 250,000 gallons of water to extinguish the flames. Authorities said the blaze was fueled by a “combustible rooftop deck and unprotected roof membrane,” and that “property owners’ inadequate fire controls significantly contributed to the fire’s intensity,” all of which is stated in the lawsuit.
The lawsuit, which is a proposed class action complaint, alleges that because defendants violated building codes, allowed a grill to be used on the roof and allowed a “dangerous and unsanctioned” party, they were negligent, a nuisance and violated the lease contract by not sustaining a safe environment. Bayuk explained that a class action lawsuit, if the class is certified, allows for more “leverage and bargaining power” because several people are being represented instead of one.
Residents are seeking compensation for financial losses from the fire, which impacted all 256 apartments, and punitive damages to punish the defendants and deter others from similar actions, the lawsuit states.
A spokesperson for the apartment complex told the AJC that all leases would be terminated by Friday and residents have been given $1,000 per unit to offset expenses. Bayuk said the amount was an outrage for residents.
“Between the renters insurance deductibles, the cost of hotel rooms around town and otherwise trying to get alternative living arrangements ... and those types of things, that $1,000 is really an insult,” Bayuk said.
No arrests have been made, but officials encourage anyone with information to contact the Georgia Arson Control tip line at 1-800-282-5804.
About the Author
