Article Courtesy of The Sun-Sentinel
By Maria Herrera

Published February 13, 2007

West Delray · Residents of the Kings Point Tuscany area learned Monday what they have to do to break away from the master association that governs their community.

But it won't be cheap.

"We need two-thirds of the vote, a committee to break away, and to send letters to everyone stating why we want to break away," said Richard Price, president of the Tuscany Condominium Association.

Tuscany residents blame the Kings Point Condominium Association for construction delays that have kept them out of their homes since Hurricane Wilma tore through 16 months ago.

Almost 500 units remain damaged in the 7,200-unit Kings Point 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.

Fed up with delays, Price led an effort to separate from the KPCA, which governs four smaller associations: Tuscany, Brittany, Monaco and Flanders.

Price and residents of the Tuscany association met Monday with Bill Raphan, a Department of Business and Professional Regulation paralegal specialist, to consider their options.

"They can agree to work with the KPCA or they can opt out of this situation," Raphan said. "The third option is to sue the association."

KPCA attorneys told residents at the meeting that separating from the master association, which manages nearly 2,000 units, could cost residents thousands of dollars in attorney's fees, new insurance premiums, and new agreements with landscapers, maintenance and management companies. The move could also jeopardize the amount of money the associations might get from insurance companies, KPCA attorney Peter Sachs said.

"If they react and secede because it would help them get in [their homes] faster that is not necessarily the best result," Sachs said. "It's an act of frustration and certainly understandable."

Price, however, said the master association is using scare tactics.

"What they are afraid of is that if Tuscany breaks away, the other [associations] would follow," Price said.

Residents of Brittany and Monaco areas have also said they would like to break away from the main association.

At the meeting, Raphan explained to residents the management agreement with the master association and explained that the state doesn't have jurisdiction over the KPCA because they don't fall under the Florida statute that governs condominium association.

Master or umbrella associations that govern smaller condominium associations are common in gated communities statewide, said Jan Bergemann, president of the DeLand-based Cyber Citizens for Justice, which fights for the rights of unit owners.

"These places were set up to the disadvantage of the unit owners," he said.

But fighting to separate could hurt unit owners, Bergemann said.

"If they win, they win against themselves," he said.

But Raphan said most of the residents there did not know about their rights and obligations under the KPCA and the meeting helped them understand their options.

"At least now they have a better idea," he said. "But what it all comes down to is that these people's homes are not done yet. They want their homes back."

Upset by delays in repairs, Kings Point owners

want to split from association