Convertible top hydraulic replacement?

[jimbojsb]

Back story:
I took the Z4MR into the dealership a while back because the top wouldn't move. They determined the controller board on the hydraulic motor was bad, (NOT due to water damage) and replaced it.

Current:
As of late (3 months later) the top has started to not open all the way when using the remote. It will open and lay flat, but if I turn the car off and on, the indicator will flash, and pressing the open button will "tighten" it down a minute amount and then the light goes off. I took the car in to have Inspection I done and the DRL's turned on, and ask them to look at the top and see if it needed to be adjusted. I was told that they were going to replace the entire hydraulic assembly with a "superior" and "more powerful design" that supposedly is present in late '07 and '08 models (i have an '06). Sounds fine right? All under warranty, no big deal.

So, I got the car back and checked the top operation before leaving the dealer. The top opens fine, but I checked and it wasn't latched in the "down" position. As in all Z4's, there is the center latch that locks the top down. The dealer tells me that this latch is "deleted" as part of this new hydraulic setup, and that the hydraulics are responsible for holding the top down, even though there is several inches of "play", i.e. i can pull the top up from the deck.

This all sounds rather suspect to me. The latch is practically designed into the center console of the car, along with the release button. It seems highly unlikely to me that BMW designed a system that obviates it. Anyone else had this procedure done to their Z? Is this a legit solution?