Recommendations last
week by a Miami-Dade County Grand Jury regarding tighter —
yet, ultimately, costlier — regulations for condominium
safety are gaining acceptance by those close to the
situation on Key Biscayne.
The Grand Jury’s decisions follow previous scrutiny by a
couple of other state agencies.
Among the
recommendations would be to begin the recertification
process within 10 to 15 years of construction (and
subsequent 10 years), rather than the existing 40-year start
of the process; repainting and weatherproofing structures
every 10 years; and requiring engineer reports to be filed
with local governments, not just the condo boards.
“It’s not a question of liking or not liking these
recommendations. It’s a question of safety,” said Fausto
Gomez, president of the Key Biscayne Condominium Presidents’
Council, who warns, “the property insurance companies are
going to set the real parameters ... a much more aggressive
interval than state or local governments.”
Michele Estevez, owner of Michele & Associates on Key
Biscayne, where she currently oversees 12 properties, said
she doesn’t think this is unreasonable. “If it’s mandatory,
it will be different. It will make our jobs as managers
easier (by just following those rules).”
After the June 24 tragedy, when a 40-year-old condo building
collapsed in Surfside and resulted in 98 deaths, Miami-Dade
and Broward counties re-emphasized the need to reinforce the
state’s only 40-year recertification process, which they
enacted years ago.
The Village of Key Biscayne was among local governments that
quickly responded, with Chief Building Official Rene Velazco
and his team auditing all previous inspections, even handing
out $500 fines in advance of further penalties for those not
in compliance.
“Anything that helps protect (buildings and its residents)
and brings value to the community is good,” said Village
Manager Steve Williamson, who applauded Miami-Dade County
officials for their aggressive work, along with the strict
Florida Building Code already in place. “We get their
professional expertise, and that helps us.” |
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In addition to the initial inspection
of a building between the first 10 and 15 years — and every
10 years after that — the Miami-Dade County Grand Jury
recommended:
- Requiring condo towers be repainted and weatherproofed
every 10 years to prevent corrosion.
- Having local governments increase the size of their
building departments, and hiring more inspectors.
- Suspending for at least a year the licenses of engineers
and architects who submit false or misleading
recertification reports and barring their employees from
doing such inspections during that time. A second offense
would result in license revocation.
- Requiring architects and engineers who find structural
damage to report it to local officials within 24 hours and
not just to the condo board.
- Requiring condo board owners to take courses on their role
in overseeing building maintenance and effectively managing
a building’s finances.
“I think I put check marks on all of them,” Estevez said.
“This is all to protect the interest, in the long run, of
the building owners and, of course, the residents.”
Improvement costs well worth it
Estevez said before she got into the property management
business in 1990 — “when condo managers didn’t even have to
be licensed” — she started in construction.
“I learned from the ground up,” she said. “I agree with the
painting and weatherproofing, and the 10 to 15 years for the
first inspection.”
She realizes, though, all these regulations would — if
approved — lead to increased fees, starting with residents.
For example, she estimated that the cost to paint just a
two-story building with 40-50 units would be $25,000 to
$30,000.
One of the buildings Estevez oversees is The Pyramids on
Ocean Lane Drive. It was built in 1990, so it’s not even due
for recertification.
“But the Board decided to do a big job there,” she said.
“There was some little loose stucco, and normal leakage in
some windows. And they went ahead with a new roof while they
were at it. The owners (were) all in agreement.”
The $1.6 million investment got underway this summer for the
six-floor, 30-unit structure with amazing views of Biscayne
Bay and the Miami Skyline.
Gomez is versed in a similar situation at the six-story Lake
Tower in the Ocean Club condo complex on Crandon Boulevard,
where he lives.
“It’s only 19 years old, but we’ve decided to go ahead next
year and do a 20-year recertification,” he said. “I think
our Legislature or our County Commission will (eventually)
change (the 40-year regulation), so we want to be proactive
and not reactive. It’s a significant cost, probably a couple
hundred dollars per door, but I’m not an expert.
“I do know painting and waterproofing is the way to go,
especially here in South Florida.”
Important to have reserve fund
Having a supply of reserve funds also is important, he said.
“The important thing is the property must be maintained and
the resources have to be available,” Gomez said. “Having
reserves on hand is very important, for daily maintenance,
or for roof or structural damage.”
Estevez also agrees on the prevention measures.
“To be honest, when (some) developers build, they don’t
waterproof, because it costs more and they don’t use
top-quality materials,” Estevez said. “Paint from developers
(might) last probably 4-5 years.”
Gomez likes the idea of educating residents and condo owners
as to why money should be spent on such improvements. Also
important is how to accrue the necessary funds.
Estevez said members of the condo Board of Directors already
are required to be proficient in condo laws and, from time
to time, they must be certified. She also said local law
firms are often willing to come in and add a layer of skills
knowledge.
“One thing they need to consider is, as licensed property
managers, we are professionals, and the more things
required, we have to charge more,” she said. “The liability
for my company, for example, has increased ... As a licensed
manager, all this comes with more work and more
responsibilities.”
Legislating uniformity underway
Ironically, 10 days before the Surfside disaster, the
Florida Legislature sent Senate Bill 630 to Gov. Ron
DeSantis, clarifying the language of existing statutes to
Florida’s condominium associations, including due dates for
maintenance, and amendments to the Florida Homeowners’
Association Act, including reserves. Changes took effect
July 1.
In late October, the Real Property, Probate and Trust Law (RPPTL)
sections of the Florida Bar joined forces and delivered a
179-page report of recommendations. Those included:
“assignment of responsibility and scheduling of maintenance;
extensive professional inspections; and assurance that
adequate reserves are put in place to make major safety
repairs and other issues in a timely manner.”
The report, which called for legislative intervention since
what lawyers called “a lack of uniform maintenance standards
or protocols,” noted that Florida has more than 1.5 million
condo units operated by 27,599 condo associations. It was
unclear if any approved new legislation would expand outside
Miami-Dade and Broward counties.
The Associated Press reported that, back in 2008, the state
had repealed an imposed requirement requiring all condo
towers higher than three stories be inspected every five
years because it was deemed too costly.
Williamson said the professional organizations recommending
the changes are spending “a lot of time and effort in what
needs to be done, without overburdening the residents.
They’ll evaluate those things, and if it’s something they
think we should do, (Miami-Dade County) will put it in an
ordinance and we’ll follow that.”
Estevez is certainly onboard.
“With all condo living, now you have to look at it in a
different way,” she said. “What they are trying to improve,
I don’t see as outrageous.
“I just know that patchwork doesn’t work.”