Kings Point condos sue over sprinkler spat

Article Courtesy of The Sun Sentinel

By Maria Herrera

Published September 24, 2007 

    

Their grass is brown and they can't water it. So several condo associations are suing their former management company for shutting off their sprinklers.

In a push to get the water flowing again, 13 condominium associations in the Kings Point Community west of Delray Beach filed a lawsuit Tuesday against an umbrella association and Prime Management, the company formerly responsible for maintaining the lawns.

"We have a lot of dead plants and dead trees," said Normandy C director Marty Katz. "This is all spite work because we fired them."

But Prime attorney Peter Sachs said that's not the whole story.

The lawsuit contends the associations started firing Prime Management two years ago. The last of the 13 let the management company go in March. That's when Prime socked them with a bill for $50,000 it said it was owed for maintaining the sprinkler system that waters the ground.

When attorneys for the 13 associations inquired about the charges, the Independent Condominium Associations of Kings Point Inc. and Prime shut off the water, according to the lawsuit.

Now, an underlying hue of beige-and-brown dots the barely green grass that surrounds the buildings that filed the lawsuit. The damages now amount to more than $15,000, according to the lawsuit.

"The defendants claimed there are moneys due and we're not so sure about that," said Peter Feaman, the 13 associations' attorney. "So we asked for a breakdown of all the charges and while we were doing this, they shut off the water."

Feaman said they sued to have the water turned back on while they hash out how much money is due, if any, and to find out what services Prime provided.

The buildings have been without irrigation since July.

But Sachs, who represents Prime and the umbrella association, said the 13 associations never made arrangements to contribute to the maintenance of the irrigation system when they fired Prime.

"They are looking for a free ride," Sachs said. "If they don't pay their share, the other 65 [associations] would have to pay more."

Prime provides irrigation maintenance for a fixed amount per month, but repairs and replacements of water pipes, or pump motors and mains are usually billed separately, according to the lawsuit. The lawsuit says that Prime came up with "esoteric" charges only for the associations that fired them.

Marshall Kolter, a resident since 1981 who has served on several boards, said the contract between Prime and all of the associations, including the umbrella, never specified a charge for labor or for upkeep of the system.

"I'm outraged," he said. "What they are asking for is something they made up."

Sachs said that's not the case.


Condo associations file suit over irrigation pump access

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