ORLANDO — The property
manager of a downtown Orlando condo building called Orlando
Police to try to kick 9 Investigates out of a meeting, right
before the board passed a half-million-dollar assessment
that some owners argue could be unlawful.
It’s the latest in the
ongoing saga at the Jackson Condominiums, playing out in
board meetings and in court.
We told you the Board President owns or has an interest in
at least half the units in the building, and some question
whether they could lose their units in a takeover.
9 Investigates looked into how many times it has happened
across the state, and how to protect your investment.
Board President Nabeel Ansari made the motion in the recent
board meeting to purchase Unit 201 in the mid-rise building,
to remodel it to become a gym. The special assessment is
$500,000, due this month. |
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“No details were
given. They didn’t take any questions or commentary before
the vote,” Jackson homeowner Andrew Aponte said. “They just
passed it through. And now we’re on the hook for that money,
for a gym that the majority of us don’t want.”
Andrew Aponte is being sued by Ansari for speaking out about
issues at the Jackson, but he and a group of other owners
have their own attorney, who went on the record at that
Board meeting to say the assessment for a gym is unlawful
because it changes the common areas of the building without
a vote from all owners.
However, the Board’s attorney, disputes that; calling the
gym an amenity, not a common area.
The assessment is divvied up between unit owners, of up to
$13,000 per unit.
“If I’m delinquent, they can, after a certain amount of
time, place a lien on my property,” Aponte said.
Real estate attorney Barry Miller questions whether that’s
the goal.
“What it sounds like is they’re trying to squeeze these
people out by having these special assessments upon special
assessments, and it’s going to get to the point where they
can’t afford it,” Miller said.
Miller witnessed a wave of condo terminations following the
2008 recession, turning owned units into rental properties.
Termination happens when a majority investor owner wants to
redevelop or rezone a property. Florida law requires 80%
owner approval for this to happen.
Ansari has put in writing that he’d like to see the property
re-zoned to allow for more short term rentals. He did not
respond to request for comment from WFTV.
“You’ve got the board versus the owners, and they have
completely different visions here,” Miller said.
State data shows 82 condo terminations have played out
across the state since January of 2020, with 9 of those in
Central Florida.
“You’re at risk if you don’t pay close attention to what’s
happening with your board,” Aponte said.
The unit owner group has filed a complaint against the board
with the Department of Business And Professional Regulation,
but the attorney representing the Board’s Association is
defending their actions.