THE REAL COST OF CONDO LIVING

An Opinion By Lynda Killingsworth

Published July 29, 2025

As a Florida HOA participant for 40 years I feel compelled to correct and clarify the July 21^st article of CD Goette-Luciak.  Like most Floridians we lived it and Mr Goette-Luciak investigated it.  There is so much more to this story about Condo law. 

Condo owners did not find themselves “swamped with new cost and fees” or “surprised at costs” as the article suggests. The costs and fees were already there for years.  As mandated by Florida Law every year owners at their Annual Meeting voted in person or by proxy to pay for necessary repairs by fully funding the reserve account or pay as little as 5 percent.  If they elected to “kick the can down the road”, the day of paying for repairs and maintenance would still arrive and they knew it.  In my opinion owners were irresponsible and greedy, thinking someone else would pay eventually.   The Board, elected by the owners has a fiduciary responsibility to protect the value of the property and safety of the building, impossible to do if not fully funded.  Florida residents should not look for the taxpayer to pitch in and pay for owners bad and greedy decisions.  Juan Farach, a lawyer specializing in Condo issues says it all “The days of kicking the can down the road and waiving reserves are over.  Now you’ve got to be responsible and maintain them well.” 

With 98 lives lost in 2021 at the Champlain Towers South in Surfside there should be no question as to Florida’s priorities, even as lawmakers hungry always for votes, try to maintain a balance between safety and affordability.  Tweaking the new laws by allowing Boards to secure lines of credit to fund reserves, is frightening at best and must be scrutinized by owners.  In my case, at Quayside in Mami no Million Dollar plans for multimillion dollar projects as proposed by the Board when public area toilets need repairing, the rights of disabled owners are ignored, decks around the lake are falling down and our private restaurant must be brought to standard.   Owners can no longer “elect and neglect” and must watch their board’s actions or suffer additional expense.   

Florida has always been a state with laws with no teeth.  It is not acceptable that over half of condos in Florida had not completed their initial inspection by year’s end 2024.  Why have CAMS not been fired and Boards held responsible.  We have an ombudsman that the legislature has made useless as he is to deal with education issues only.  We use to have ombudsmen with power but Jeb Bush when Governor yielded to a powerful law firm and got him fired and has forever limited the enforcement powers of the State in Condo issues.

Sales in the Condo market are at 1 percent and homes are at 7 percent in a state very much in need of housing.  The article did not point out where those who are moving here are buying.  With the new residents from all over the world moving their businesses here the workers with families want newer homes with good schools.  Boca Raton has captured their desires.  For older workers in leadership positions in Miami, they want multi million-dollar residences, new and centrally located.  The sad truth is no one wants our not very well-maintained condos now with huge assessments. 

The investigative piece speaks of transparency yet leaves out the most important element.  Inspectors with ties to the buildings, nor Engineers and Architects are looking to cash in on revenue generated from repairs. Contractors and design personal are not the problem, they bid on the work.  It’s the Board members who give work to people who are going to grease their palm.  I could write a book about that and have seen it personally in the two condominiums I have been a part of -- and it is costly.  

Condos are still a great place to live especially if they are safe structurally and safe from crime.  Much can be improved but we must have leaders like DeSantis who understand the path we must take.  We have a Governor’s race coming up and one candidate running is aware and has been proactive in our plight.  I am concerned however of House actions in the past, when the Speaker has refused to bring safety legislation to the floor.  Had our Governor not saved the day and included our safety issues in a Special Session our efforts would have been for naught. 

Will Florida’s new condo law help ease an affordability crisis?