Nathalie Duffau

3621 Collins Ave #702

Miami Beach, Fl 33140

http://penthouse702.com/index72.htm

“Lost Paradise?”

June 25, 2005

In 1998 I bought my dream residence in a condominium located in Miami Beach  -- 1400 square feet, ocean view from almost all windows, a 600-square-feet terrace facing the sunset -- A piece of Heaven in Paradise.

For six years this Heaven was almost perfect, except for hot water missing many hours a day and the elevator out of service almost every other day.  Yet cold water and walking up seven floors are not big deals when you have access to Paradise.

Beginning of August 2004, after a repair of the water tower located above my unit, the ceiling in one room looked as though it was about to drop.   I called a board member and asked him to send the maintenance man to check the ceiling of that one room.  As soon as the maintenance man touched the ceiling with a stick, big pieces of concrete started to fall on the floor.  Some of the pieces weighed 20 pounds.  We could see that the rebar was completely rusted.  Some of the rebar was gone when the concrete pieces fell to the floor.

After dealing with insurance companies, the board and I knew that the money for an engineer’s survey and repairs would have to come from the owners’ pockets.

While I was waiting to see the board address my problem, I started to investigate the records of my building at the County Building Department.  I discover that the same problem “SPALLING” had happened in 1989.  A permit had been issued, but it had expired in six months and no repairs were done.  The following year (1990) complaints were made at the Code COMPLIANCE for “leaks all over the place.”  Again nothing was done.

Also, I discovered that the building had passed RECERTIFICATION in 1994.  Then five months later SPALLING happened on the Sixth Floor.  At that time the board repaired only the corridor.  What about the units on the Sixth Floor? Nothing repaired!

At this point I felt very depressed by my discoveries.  So many people living in danger for at least 16 years!  That is not my idea of Paradise.  The weight of this truth being so heavy (ND shows piece of concrete), I addressed my discoveries to the board.

Finally on November 22, 2004 the board held an “Emergency Meeting” and voted on a special assessment of $500 per unit to cover the engineer expense, my relocation for “safety reasons” and two other expenditures.  Half of the money was collected in December 2004 and the other half in January 2005.

Two of the board members have been owners for nearly 20 years.  One of them was president of the board from 1990 through 1993.  He probably has been well aware of the structural problems of the Sixth and Seventh Floors, even if today he denies knowing about the structural damage.

While some board members and a few owners have still an unrealistic approach, speaking of a repair cost of $200,000-300,000, totally disregarding the safety of the building’s occupants (95% tenants).  Opinions by knowledgeable people in construction, architecture and engineering suggest it will cost at least $3,000,000 to bring the building structurally up to code.

That is why in February 2005 I decided to go to the County Building Department and show the inspectors all that I knew with the records in my hands.   Also, I thought that for the seriousness of the engineer’s work and construction, the Building Department had to be involved.

On February 3, 2005 the Building Department inspectors condemned that one room of my residence, two units on the Sixth Floor, and common elements on the ground floor.

On May 6, 2005 in accordance with the engineer’s opinion, they condemned the entire Sixth and Seventh Floors.  Everybody had to vacate within 48 hours.

Now I am renting a studio in the same building on the Fifth Floor. 

As scheduled on November 22, does the association pay for it?  No!

Stress and money loss, this is my song since 11 months.

Today June 25, 2005 no other special assessments have been levied, no loans secured, and we owners have to face a repair cost of a minimum of $3 million.

So my questions to you are:

·        When a board member has not satisfactorily performed his duties in the past, how can owners make sure that he is not allowed to be re-elected?  What will be done about the accountability of the directors in charge?    

·        When will we see a mandatory education for board members that would help avoid these problems?  We need directors who respond to owners’ letters; who are fully aware of their responsibilities and duties; who attend board meetings; who will know and apply condo law; and who will communicate with owners with respect.