Article Courtesy of The Sun-Sentinel
By Maria Herrera

Published February 12, 2007

West Delray · Fed up with construction delays that have kept them out of their homes since Hurricane Wilma tore through 16 months ago, residents of several sections of the Kings Point adult community want to break off from the umbrella condominium association they blame for the holdups.

Almost 500 units remain damaged in the 7,200-unit community. All but 125 are unlivable. Many residents are renting or living with relatives, yet must continue to pay maintenance fees and assessments.

Construction work stopped months ago.

"It's a mess," Tuscany Condominium Association president Richard Price said. "Everything is in chaos."

Price has spearheaded an effort to separate from the Kings Point Condominium Association, or KPCA, which governs four smaller associations: Tuscany, Brittany, Monaco and Flanders.

The presidents of all but the Tuscany association referred questions to the KPCA.

But several residents from the Brittany and Monaco sections said they had had enough and want to split away from the KPCA.

"The KPCA people are our representatives but they don't listen to us," said Monaco resident Dorothy Friedman. She said three buildings in her association would like to separate from the KPCA. "I'm looking to be able to pay our own bills, and our own contractor, and make decisions that are good for our building."

Price said the KPCA and Prime Management, which manages the community, have mishandled the repair process, costing residents thousands more in assessments and living expenses. He also has secured funding for repairs, something he said should have been done by the KPCA right after the storm. But the smaller association can't move forward without the KPCA's approval.

Price has reached out to the Department of Business and Professional Regulation and to the state's Condominium ombudsman's office to see if his association can secede from the KPCA. But KPCA doesn't fall under the Florida statute that governs condominium associations, according to Bill Raphan, a DBPR paralegal specialist.

"We have no jurisdiction over them," he said. "It's a very complicated situation over there."

Raphan said he will meet with residents today at the Monaco Clubhouse to explore their options and help them figure out how to get back in their homes.

KPCA attorneys, however, say now is not the time to talk about splintering. They say they have a new plan to get the homes repaired.

"These folks are free to do whatever they like, but we have finally gotten through some very difficult challenges," KPCA attorney Peter Sachs said. "If we stick together we would maximize the returns from the insurance companies."

Sachs said insurance company attorneys, adjusters and engineers met with KPCA attorneys and engineers Jan. 26 to determine the scope of the work.

"We're doing everything we're legally allowed to do," said Chip Sollins, president of Prime Management. "We are the professionals and we only work in the best interest of our communities."

Prime Management Vice President Arnie Bernstein said the association has also agreed to hire a project manager and formed a committee to find one. The project manager would then hire a contractor.

But some residents say they heard similar promises when the KPCA hired a contractor last year. That agreement fell apart in September.

"It's like a soap opera," displaced Brittany resident David Spitzer said. "You have to wait until next month to see what happens."