CAMARILLO SUIT CLAIMS FAKE REPAIRS; CONDO OWNERS GROUP POINTS TO SAGGING WALLS.

Byline: Don Holland Daily News Staff Writer

An association of condominium owners filed a multimillion-dollar lawsuit Thursday claiming a developer and subcontractors conspired to stage $3 million in phony home repairs and then pocket kickbacks.

In its 48-page complaint, the Camarillo Miramonte Homeowners Association charged that Marc Fowler, a construction manager for Castle & Cooke Homes Inc., and at least three subcontractors carried out a scheme to perform negligent, and in some cases nonexistent, repairs. Castle & Cooke promised to make the repairs at the scenic condominium complex it built at the foot of the Conejo Grade in the late 1980s.

In addition to conspiracy, negligence and breach of contract, the suit claims civil charges under the federal Racketeer Influenced Corrupt Organization Act.

Thom Mrozek, a spokesman for the U.S. Attorney's Office in Los Angeles, said he could not say whether a criminal investigation is under way. The owners association's attorney, Alex Robertson, said it would be inappropriate to comment on whether there is a criminal investigation.

The suit seeks $10 million in damages. The damages could be tripled under the federal corruption act.

Bruce Davis, Castle & Cooke's vice president, did not return phone calls Thursday. Eric S. Appel Sr. and Richard T. Eppler, subcontractors named in the suit, also did not return phone calls.

With cracks in the walls, tile floor and concrete slab of her condominium, homeowner Joan Purcell said she's afraid the rear half of her home will continue sinking. She uses a golf ball to demonstrate how a 9-foot section of floor already has sunk 3 inches.

``I don't feel safe at all,'' she said. ``The house is crumbling.''

As the home sinks, doors are thrown out of alignment. Robert Purcell said he's sanded down the bathroom door five times in a losing battle.

Just beyond Purcell's back patio is a sharp drop onto the golf course below. The retaining wall that helps support Purcell's home and dozens more is giving way and is already overloaded, according to an engineering study.

``If the crib wall were to (collapse), then . . . seven buildings and the 42 condominiums would tumble down onto the golf course,'' Robertson said.

The suit, filed in Ventura Superior Court, is based mostly on allegations made in January by Carlos A. Monroy, a subcontractor who said he was part of the ``inner circle.''

Monroy said he worked for Eric Appel Construction before he was told to set up his own company, Contractors Ready Clean, to receive payments for work that was not performed. Although Monroy never submitted any invoices, he received $70,000 under the scheme, most of which he was required to return to Appel, who in turn paid kickbacks to Fowler, according to the suit.

Robertson said the association was prepared to file suit against Castle & Cooke three years ago over a variety of construction defects, ranging from leaky roofs and windows to a failing retaining wall that supports 42 of the 218 condominiums in the development.

Instead of filing suit, the group agreed in 1995 to let the developer make the repairs to most of the condominiums in the development.

For nearly two years, repairmen put on a charade aimed at duping homeowners into believing thorough repairs had been done, according to the suit.

``These homeowners extended their good will and their trust and confidence to the builder, who said, Let's do away with lawsuits, let's do away with lawyers,'' Robertson said.

``And now we find out that that trust and confidence and good will was completely violated,'' he added. ``The developer was a wolf in sheep's clothing.''