Hurricane Season and Unit Owners Cheated

Hurricane Season

Hurricane season is upon us. It is time to prepare for the worst, but pray for the best. We have been told to be self-sufficient for three days. We must be prepared for no electricity, water, telephone, or cable for as much as three days. Perhaps more importantly, it means there will be no police or fire protection services for as much as three days. This is what happened in South Dade County after Andrew and in New Orleans after Katrina.

There are steps you can take to prepare. Write a Hurricane Plan and share it with your family and friends. If you have pets, you must include them in your plan. You must have hurricane supplies. These supplies will differ if you stay in your home or evacuate. You must be prepared to protect your family and yourself, since there may be no police or fire protection, as was the case with Hurricane’s Andrew and Katrina. A hurricane supply list and other emergency and hurricane planning information will be posted at http://www.southpoint-condominum.org/.

Windows

Windows continue to be an issue. I receive more calls and emails concerning windows than on any other subject. Many condominium associations appear to be breaking the law.

The Florida Legislature changed Florida Statutes, FS 718.111(11). The responsibility for window and exterior doors was changed, effective January 1, 2004. The change shifted responsibility for windows from the unit Owner to the Condominium Association.

Thus, Attorney Gary Poliakoff wrote in his Hi-Riser column, "there is absolutely no debate over the question as to whether casualty insurance policies issued after January 1, 2004 ... must cover all improvements to the condominium which include … unit windows and sliding glass doors.” He went on to say, "The condominium association is responsible for the replacement of windows and sliding glass doors." Thank you, Gary! There you have it, some plain words that explain the situation. What could be clearer?

Unit Owners Cheated

Some Boards are sending threatening letters to unit Owners, trying to force them to buy windows. Owners are being cheated into wasting many thousands of dollars buying windows that do not belong to them. Of course, this means the unit Owner is paying much more than it would cost if the Condominium Association replaced the windows for the entire building.

The Palm-Aire Country Club Condominium Association No. 4, Inc., followed Florida law. CAM Manager Thomas Wilson wrote to unit Owners, “As you know, the Association has sustained a lot of damage from Hurricane Wilma and the Board has been working hard to get the Association back to where it was prior to October 24, 2005 hurricane. A tremendous amount of work has been completed, but there is still work to be done. One of the most confusing issues in this entire endeavor has been, Who is responsible for the repair or the replacement of the damaged windows and sliding glass doors in the Associations?" He wrote the DBPR “made a decision for all the condominiums in the State” and the decision basically says, "If a Condominium Association insured an item, they must be responsible to repair or replace that item."

Thank you, CAM Thomas Wilson and Palm-Aire #4! They wrote to their Unit Owners that if they repaired or replaced windows or sliding glass doors, they would be reimbursed by the Association. They wrote that if a unit Owner had not made repairs, the Association would get bids on the windows and sliding glass doors to be repaired or replaced.

If your unit’s windows need repair/replacement, it is the responsibility of your Condominium Association to repair or replace the windows to meet the 2005 building code. If you have spent your money to repair or replace your windows, you can send your Condominium Association a letter demanding reimbursement.

You should notify your Condominium Association, by certified mail, of the need for the repair, replacement, or reimbursement. If the Condominium Association refuses to take action, you can file a complaint with Fort Lauderdale Code Enforcement, and the DBPR for violation of Florida statutes FS 718.111(11).

Hurricane Damage Claims

Hurricane Wilma damaged thousands of condominium windows and doors. Many unit Owners filed claims with their insurance company to repair broken windowpanes and frames. Much to their chagrin, these unit Owners learned that their windows were not covered since Florida law makes them the responsibility of the condominium association.

At the same time, the Condominium Association’s filed claims with their insurance company to repair broken windowpanes and frames. These claims were paid by the insurance companies to the Condominium Association.

Some Condominium Associations used the money they received for the damaged apartment unit windows to reward their supporters, and to deny their opposition. Unit Owners that were “friendly” to their Board may have received one-hundred percent compensation for their damaged windows. On the other hand, Unit Owners that were not “friendly” to their Board received nothing.

You may obtain a copy of your condominium’s master insurance policy, as your right as a Unit Owner. Contact the insurance company and determine how much was paid to your Condominium Association for damaged windows. You may then obtain records from your condominium detailing how much was paid to each unit Owner for window damage. Then talk to your neighbors about their damaged windows, and find out what they received from the Board.

Permits and Code Enforcement

The City of Fort Lauderdale requires a permit and inspection for many types of work. This includes electrical, plumbing, sheetrock, shutters, and windows. Many condominiums made illegal changes to apartments without purchasing the necessary permit(s), or having the required inspection(s) of the work. If changes were made, even if there was a permit issued, but the work was not inspected, the permit is invalid.

Illegal changes put your entire building and your unit at risk. The master insurance company could exclude all claims to the structure and invalidate the policy due to illegal changes made to the building. A unit Owner’s insurance policy could be invalidated. You may wish to protect your building and yourself by confirming that all work on your building conforms to the law.

Visit http://www.fortlauderdale.gov/building_services/onestop/kioskopt.asp and conduct a property search. You can look up your unit, association, and Board members. The system allows you to check the existence and status of permit(s), as well as inspection(s) of the work.

Somthing is happening in America

America

Something is happening in America – and in the Galt gulag. We are losing our national character. It is as if we are afflicted with massive osteoporosis that has removed the backbones of many people. Instead of standing up for what is right, we are evolving into a culture that celebrates a miserable mix of mediocrity and tyranny. Board meetings become cattle calls where the sycophants hiss like ancient cats, make crude jokes about those that stand up for what is right, and shout down any that disagree with them.

This is not the American way. This is not the America of my youth. America was created by fearless people who left the security of Europe to come here and build a new life. These were independent people with the spirit of a warrior. They refused to knuckle under to the tyranny of European monarchies. They believed in liberty and equality.

This sense of being willing to stand up for what is right, was echoed in the words of Patrick Henry. “Why stand we here idle? What is it that gentlemen wish? What would they have? Is life so dear, or peace so sweet, as to be purchased at the price of chains and slavery? Forbid it, Almighty God! I know not what course others may take; but as for me, give me liberty or give me death!” (Patrick Henry, March 23, 1775.)

Here on the Galt Gulag, the lives of thousands of citizens are controlled by a few “Condo Commandos.” You will recall Donna Laporte’s definition of a condo commando as an egocentric person on a condominium's board of directors who rules by intimidation, putting his/her interests ahead of others, abusive any board member who gets in the way, dominates meetings, won't let others speak, and prone to angry outbursts. What has happened to the American character on the Galt Gulag, that they have lost their independence, knuckle under to petty tyrants, and actively undermine the principles of America?

Windows

It seems that many condominium associations are ignoring Florida law, are ignorant of the law, or are intentionally breaking the law. It has come to my attention that some of these lawless condominium associations are pressuring Owners to waste their money buying windows on the retail market!

Some Boards are sending threatening letters to Owners in what almost amounts to extortion! Many Owners have been duped by their lawless condominium association, and wasted many thousands of dollars buying windows that do not belong to them! When their windows were damaged by Hurricane Wilma, and they attempted to file a claim with their insurance company, they were told they were not covered, since Florida law makes them the responsibility of the condominium association.

As of 2004, Florida law requires that condominiums insure our windows and patio doors. Florida new statewide building code requires special high-impact window frames and two-layer laminated glass. Depending upon where one lives, there are new installation and specification requirements for windows and doors.

If you have spent your money to repair or replace your windows, you should submit your bills for reimbursement. If your windows need repair, you should notify your condominium association, by certified mail. If your condominium association refuses to repair the windows, you should report them to Fort Lauderdale’s Code Enforcement. Your windows must operate smoothly, have screens, be watertight, and have no broken panes or frames. This is the minimum housing requirement. You can reach the Code Enforcement Department at 954-828-5207. When you make your report, insist on a callback and a site visit. You should also discuss the matter with an attorney specializing in Condominium Law, such as our “Condo Lawyer”, Inger Garcia.

Fort Lauderdale Code Enforcement

Recently, I had the occasion to report a code violation. I was impressed by the online system at http://www.fortlauderdale.gov/building_services/index.htm. The system made it very simple to use, and allows you to track the status of a permit, an individual address, or a code violation.

That is, until this week, when they decided that my complaint required a political cover-up. They changed the system, and they now hide all of the details from the citizens. Why is Code Enforcement so afraid that it moved to conceal information from the public? Government in the Sunshine should not allow you to take away public Internet access to important public records.