The neighbor above her
condo has a leak she just won’t fix. The water pours down,
month after month. How can you fix that problem? That’s
where Help Me Howard with Patrick Fraser steps in.
One certainty in South Florida: water, the ocean, the bay,
pools, ponds, and in Marilyn’s case, the walls.
Marilyn Rizzo: “The walls were filling up with bubbles of
water from the ceiling and down on the floor.”
Marilyn lives on the second floor.
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To confirm the bubbles were caused by water from her neighbor, the board let Marilyn send a company in to inspect the unit.
Marilyn Rizzo: They started testing,
doing a water test, which is a simple wet the windows with a
hose. They found some kind of water coming in. It was the
lady above me.”
Marilyn contacted the owner, who had left for the summer.
Marilyn Rizzo: “She kept refusing to to admit that it was
her. ‘Not my fault. Not my fault. Leave me alone.'”
She tried to talk to the board.
Marilyn Rizzo: “We were told by the board ‘It’s not their
problem, we’re not getting involved. You three have to take
care of it yourself.'”
Finally, after a year of fighting, Marilyn got the attention
of one board member.
Marilyn Rizzo: “He’s given her 30 days to rip out her lanai,
put in real windows and she didn’t do it.”
Marilyn says her insurance company doesn’t want to repair
her condo until the leak above is fixed, leaving her in a
moldy condo.
Marilyn Rizzo: “I am allergic to mold. I’m on inhalers, I
lost 50 pounds in a year. I was so sick.”
And nothing she can do about it.
Marilyn Rizzo: “My life is in this woman’s hands. I’m angry.
I’m very angry.”
With water dripping down for a year, everyone would be
angry, but what can someone do about it, Howard?
Howard Finkelstein, 7News legal expert: “If the condo owner
or board or management company won’t do anything, contact
the city or county because the leaky window may be in
violation of
their code. They can cite and fine the condo owner until the
problem is fixed. If none of those options work, file for an
injunction. A judge will order them to fix the problem and
make
them pay your legal costs.”
A week after we interviewed Marilyn, the owner of the leaky
condo submitted a permit to replace her windows. We also
contacted Deerfield Beach and things changed dramatically
for Marilyn.
Marilyn Rizzo: “Because of Help Me Howard, Channel 7, they
reached out. They got me a code enforcer.”
The owner of the condo got two citations and Marilyn got to
explain her frustration to the magistrate.
Marilyn Rizzo: “They knew this last year and they kept
denying it.”
The magistrate made his decision.
Commissioner Ben Preston: “I am finding a violation on the
city’s code. I’m going to give 30 days to correct. $250 a
day on each violation.”
Maybe that’s what it took. Maybe it was a coincidence.
Marilyn Rizzo: “Thank God after a year and a half.”
A few days later, the Plexiglass windows were replaced by
impact resistant windows.
Marilyn Rizzo: “Case closed. Hopefully, hopefully. It’s been
a long battle for myself and my neighbor.”
A long battle that is ending after the right phone call.
Marilyn Rizzo: “It’s magnificent. This would never have
happened if it wasn’t without Help Me Howard.
And thank you for contacting us, Marilyn.
Fortunately, Marilyn had homeowners insurance that will
cover the damage to her condo. With insurance rates out of
sight, many homeowners without a mortgage are dropping their
insurance.
But when a problem hits, you need it, so be careful.