Condo owners fear big losses from theft

Article Courtesy of The Herald Tribune

By Kate Spinner

Published September 21, 2008 

 

PORT CHARLOTTE - A bouquet of carnations and a birthday card greeted Dolly Dessart on Friday morning. But Dessart, 83 and legally blind, could only worry about the bills and uncertainty that she and nearly 400 owners at Charlotte Square Condominiums face.

The condo association's maintenance and savings accounts were allegedly depleted recently by a property manager. Some residents estimate losses total close to $1 million.

"This is tremendously affecting the quality of life of some very senior citizens and it's the uncertainty," Dessart said. "We don't know the outcome or how deep and extensive this thing goes."

The situation at Charlotte Square is every condominium owner's nightmare: A trusting board hands over financial responsibility to a property manager, and fails to keep a close eye on the books until it is too late.

While most condominium managers are trustworthy, theft is a risk. To protect their property and assets, condo associations need to be vigilant and take measures to protect their finances.

"I wouldn't say it's a common occurrence, but it happens often enough for associations to be concerned and alert," said Dan Lobeck, a Sarasota attorney who represents 600 condominium and homeowners associations in Southwest Florida.

In his 30 years of practicing law, he has seen about 10 associations become victims of embezzlement.

In one case, in a building where many of the owners were absentee investors, managers took money budgeted for paint jobs that never occurred. In another, a company stole hundreds of thousands of dollars from an association's bank accounts by making telephone transfers.

Obvious warning signs are neglect of the property and unpaid bills, but sometimes small changes in the way the manager conducts business can indicate a problem.

Maintaining enough insurance to cover theft losses and putting good accounting measures in place that require financial reporting are two of the most important protections condo associations need, Lobeck said.

A board that is actively involved also provides some protection, but Lobeck said he has seen mischief in active associations as well.

At Charlotte Square, where the average resident's age falls between 75 and 80, the board was uninvolved, said Lance Day, who served as president of the Cambridge House until medical problems caused him to step down.

Day said he started to suspect management problems shortly after Hurricane Charley in 2004, when the figures for some insurance claims did not add up.

He called for an audit, but was ignored. He requested audits again in 2006, 2007 and 2008.

"But the board said it was too expensive and voted it down," Day said.

The executive board, which acts as an umbrella for the other nine associations, is supposed to have representatives from each of the nine buildings. But meetings were sparsely attended.

He said condo officers are confused to the point of paralysis by the loss.

"This is going to cause a lot of these elderly people extreme stress," Day said.

The association at Chelsea House filed a complaint with Charlotte County Sheriff's Office last week alleging that condo association manager Stacey Tuck had embezzled $143,000. Tuck, also known as Stacey Herrin, declined comment when contacted this week.

Now the residents will likely face additional fees to make up for the losses, to pay for legal expenses and to keep the buildings maintained.

Dessart, a community activist, said she never imagined she would be in such a helpless situation.

"I've been a senior advocate for 25 years here in Charlotte County, solving other people's problems and probably so busy not realizing we were sitting on one ourselves," Dessart said.

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