Article Courtesy of NBC Channel 6 Miami
By Sandra Esquivel and Alina Machado
Published September 29, 2016
The temperature in Maria Figueroa's home hovers at 87
degrees. She's frustrated at her condo building's inability to fix an
ongoing air conditioning problem.
Maria Figueroa feels trapped in her bedroom.
"I have to have breakfast, lunch and dinner here," she said.
She uses a portable A/C unit in her bedroom to make it bearable. The
temperature in the rest of her condo hovers at 87 degrees.
Her condo building has not had air conditioning for months.
"I’m honestly at the point where I’m willing to just close up shop and let
it all go," Figueroa said.
She’s willing to leave behind the condo that she’s owned for 15 years at
Fourth Horizons Condominium Complex in Miami because of the ongoing problem
with the air conditioning.
The attorney for the condo board association says they’ve tried to fix the
problem but haven’t been able to. According to the attorney, the A/C units
rely on an old well-water system to run. They say the water has mud and dirt
in it that clogs and shuts down units like Maria’s. The association dug two
more wells to try to fix the problem but say both collapsed.
"They think by putting a temporary Band-Aid on the problem, it’s going to be
a long time solution and it’s not," Figueroa said about the attempts.
The condo association board’s attorney said it’ll cost $100,000 for a
permanent fix. But the association doesn’t have the money. The current board
is a new one and the attorney say it’s a problem they didn’t create but it's
one they want to fix as soon as possible. Through the attorney, the board
sent a statement that reads: "the association for many years chose to patch
repair the air conditioning system which was less expensive than a
replacement, while at the same time not saving funds to pay for a long term
replacement."
Real estate attorney Juan Perez, who is not connected to the condo
association, says state statute requires condo associations set aside money
for major repairs.
"It’s like a home emergency fund," Perez said. "When something goes bad, you
have to have it set aside."
The Fourth Horizons Condominium Association didn’t have money held in
reserve.
Florida’s law allows boards to vote to not collect reserves which Perez says
is common.
It’s why he believes Figueroa’s situation is a lesson to anyone to ask
plenty of questions about money to your association before you buy.
"If something goes bad, is there enough money to cover it? Because if not,
surprise. You’re going to get a special assessment for a large amount of
money," Perez said.
In July, a Miami-Dade building inspector issued a violation to Figueroa’s
association giving them until October 3 to get things in working order.
We’re told the board has submitted plans for a permanent fix. But the condo
owners have not yet voted on a special assessment that would be needed to
pay for it.
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