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Article Courtesy of Channel
7 News Miami
By Kevin Ozebek, Leisa Williams
Published March 3, 2022
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WATCH VIDEO |
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A
South Florida soldier about to be deployed says his homeowner’s association is
delaying the sale of his home. Frustrated and furious, he reached out to 7
Investigates for help.
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Eric’s house is easy
to spot.
It’s the only one on his street without a finished roof.
Eric Adelsberger: “We got significant tile and water
damage.”
The leaks have been patched, but the roof tiles are still
missing.
Eric Adelsberge: “We found out that the tiles that were on
the roof that needed to be replaced are discontinued, and we
need to select a new tile, so I thought that would be a
relatively easy process through the homeowner’s
association.”
But Eric says it has been a nightmare. |
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He says for months he has been trying to get the board to approve a tile he
can put on his roof.
Eric says he has sent them several samples, but all options so far have been
rejected.
Eric Adelsberger: “This is causing financial and emotional strain on my
family at a time when I have other priorities.”
Eric and his family have now moved out of the home and put it up for sale.
That’s because he has been called to duty as a sergeant first class in the
national guard.
Eric Adelsberger: “I’m on a military deployment and attached to an active
duty element and will be on the continent of Africa. I am going to a place
where there is no guarantee I am coming home.”
Eric is now at Camp Blanding in North Florida.
When he’s not prepping for his upcoming deployment, he’s in the barracks
battling his HOA.
Eric Adelsberger: “I’ve been begging and pleading with them. You need to
make a decision.”
We reached out to the Kendall Breeze West HOA.
Their attorney tells us:
“Kendall Breeze West is a close-knit well-maintained development in West
Kendall, proximate to quality schools, parks, and shopping. The Kendall
Breeze West Homeowners Association, through its Board of Directors and
Property Manager, work to ensure that community facilities, amenities, and
houses are kept in top condition. The Board and Property Manager meet with
all owners and residents to address their questions and concerns, and to
apply the Association rules fairly and consistently. Due to privacy
concerns, Florida Statutes, and the governing documents for Kendall Breeze
West, the Association will not discuss internal matters with the media.”
Gary Singer, real estate attorney: “I’m a veteran, actually and not being
unsympathetic, I get it. You know, who wants to deal with this? But that’s
part of owning a home.”
We turned to real estate attorney Gary Singer for insight.
Kevin: “Is it the board’s responsibility to have a line of tiles already
pre-approved that he could just buy and slap on his roof?”
Gary Singer: “No, it is not.”
Singer looked through Kendall Breeze West’s HOA documents.
He says it is the sergeant’s duty to keep presenting tile options until the
board is happy.
Gary Singer: “The onus is on him because he agreed that it would be if this
came up. He may not have realized he agreed that it would be, but it’s in
the declaration that he signed when he bought the house.”
But Singer says time is ticking since HOAs do have to make decisions in a
reasonable amount of time.
As Eric sees it…
Eric Adelsberger: “I think we are past that reasonable point.”
Eric says his roofer has sent three more tile samples to the association.
He’s hoping the board will approve one of them, so he can finally move on.
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