PURE FRUSTRATION

HOMEOWNERS IN A WEST KENDALL COMMUNITY HAVE PROBLEMS THEY NEED FIXED, BUT THEY SAY THE DEVELOPER AND PROPERTY MANAGEMENT COMPANY HAS IGNORED THEM FOR YEARS

  
Article Courtesy of The Miami Herald

Published June 18, 2006

Kingdom of Dreams homeowners want answers.

Some of their questions: Why do the air conditioning units fail to cool the second floor? Why are we left in the dark with no street lights illuminating the complex? And how come we still have no control over the homeowners' association?

Homeowners in the West Kendall community at Southwest 162nd Avenue and 59th Street have been asking those questions, and more, for years. They say no one has answered -- not the developer nor the property management company.

''It's like buying a car,'' said resident Denzil Miles, 57. ``The car salesman loves you. But once you leave, if you call with a problem, they don't want to hear it.''

Javier Siu, of developer Monaco Management Group, and Clemente DeLaTorre, of property management company Tower Management Services, did not return phone calls and messages from The Miami Herald seeking their side of the story.

''See what I'm talking about?'' said Salvador Kali, 57, a homeowner since late 2004.

Residents of the barely 3-year-old luxury condominium complex across from John A. Ferguson High School called a meeting Feb. 26, with 16 participants. All expressed frustration with trying to reach DeLaTorre or Siu.

Among a laundry list of problems: There are no street lights; hurricane damage left from last year still rests on the premises; and faulty construction abounds.

The community sits in the dark. Canopy that once shaded mailboxes piles on the grass -- a reminder that Hurricane Wilma whipped through the area last year.

Homeowners worry the metal contraption could pose a danger in another storm. They have been calling the company to trash it. So far, no response.

As for construction concerns, homeowners said water seeps through walls, soaking carpets; bathroom tiles have cracked; and the AC does not cool much of the second floor.

Homeowners have called about that, too.

''Many neighbors had to repaint their house -- at their own expense -- because there was no final coating on the walls,'' said Miles, who got Tower to fix it.

At times, the company has sent subcontractors to do some work. The grass occasionally gets cut. An abandoned car was removed after six months.

But DeLaTorre has yet to return a phone call. Homeowners sent a certified letter, signed by DeLaTorre on March 23, asking him to meet with the residents.

More than 75 days have passed. And still nothing.

Then there's the developer who hasn't handed them the association.

According to Florida Statutes 720.307 (1a), the developer must turn over the association three months after 90 percent of all homes in the community have been sold.

''We're assuming this project is finished. Number one: the sales office is closed. All the construction workers left -- and a majority of the homes have been sold,'' Kali said.

Garry Pierrot, 43, a public defender who has lived there since 2004, said he does not pay his $75 monthly association fee for these reasons.

''I paid once -- and then I got smart,'' he said.

And in the three years since Pierrot stopped paying, he said he only heard back from the companies when he threatened to sue.

''It's a sham,'' he said of Tower Management Services. ``If it wasn't a sham, they would have threatened me by now with a lien on my property.''

Pierrot has asked that all homeowners stop paying the fee until they get answers.

 
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