CONDO COMPLAINT
Gripes about misused money engulf legislators

 
Article Courtesy of Miami Herald
BY JENNIFER LEBOVICH
Posted on Wed, Oct. 29, 2003

Charles Pukit of Fort Lauderdale has spent more than $65,000 and almost two years in a battle with Bay Colony Club, his condominium association.

The struggle has gotten so heated that at a meeting a few weeks ago, a member of the board got into a physical altercation with another board member who is 67, according to Pukit.

Pukit said he filed a lawsuit after the condo board hit each unit with a $600 special assessment, a total of $384,000, that he claims was improperly passed to pay for anticipated future expenses.

Pukit also said the state has failed to provide him with any viable recourse.

Pukit made the comments as one of almost 350 South Florida residents who attended a meeting Tuesday night at Broward Community College to tell lawmakers about grievances with their associations.

State Rep. Julio Robaina, R-South Miami, is chairman of a committee formed to study the state laws that govern condominium and homeowner association boards. Robaina said his office has received numerous complaints about paying special assessments and other condo fees.

''This is unbelievable as a representative, receiving this many complaints,'' he said. ``This is a problem all over Florida.''

He said many condo owners claimed the state has failed to take substantial action when responding to complaints, often only sending condo associations a letter with suggestions.

''We need laws with teeth to protect unit owners,'' Robaina said. ``There are many things that need to be addressed. The laws are not fine.''

Pukit said the state responded to his complaint by writing a letter to the condo board suggesting ways to correct the situation.

Allan Rosier of Sunrise said his condo board has misappropriated funds and badly miscalculated on some budget items.

''It's a continual fraud on the budget,'' he told legislators. ``In my mind it's an issue of not being honest with the community.''

Rosier complained that the 2004 budget for his community, Waterside Village, includes $10,000 to trim trees that were just trimmed.

State Rep. Ken Gottlieb, D-Miramar, said in a telephone interview Tuesday that many condominium owners are frustrated by the state's response to complaints.

''We need to build the department so they have the ability to respond to complaints in a timely manner so where there are significant problems the department can resolve them instead of allowing them to grow,'' he said. ``It's not good customer service. We really need to beef that up.''

Officials said Tuesday night's meeting is just one of many that will be held throughout the state before lawmakers draft a bill when they return to Tallahassee.

Ross Fleetwood, the divison director of Florida Land Sales, Condominiums and Mobile Homes, said the number of complaints against condominium associations rose in 2003. During the 2003 budget year, Broward County residents filed 352 complaints. Only 300 complaints were filed in 2002.

According to Fleetwood, the most common complaint of unit owners was a failure of the condominium board to provide public records access.

''The unit owner wants to see books and records,'' he said. ``They pay maintenance fees and many people who make those kinds of investments would like some accountability.''

Condominium groups are run by unit owners, who are often elected to serve on the condo board.

The boards have the power to charge unit owners for condo upkeep, including necessary repairs.

 

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