Article
Courtesy of The Sun-Sentinel
By Maria Herrera
Published February 12, 2007
West Delray ·
Fed up with construction delays that have kept them out of their homes
since Hurricane Wilma tore through 16 months ago, residents of several
sections of the Kings Point adult community want to break off from the
umbrella condominium association they blame for the holdups.
Almost 500 units remain damaged in the 7,200-unit community. All but 125
are unlivable. Many residents are renting or living with relatives, yet
must continue to pay maintenance fees and assessments.
Construction work stopped months ago.
"It's a mess," Tuscany Condominium Association president Richard
Price said. "Everything is in chaos."
Price has spearheaded an effort to separate from the Kings Point
Condominium Association, or KPCA, which governs four smaller associations:
Tuscany, Brittany, Monaco and Flanders.
The presidents of all but the Tuscany association referred questions to
the KPCA.
But several residents from the Brittany and Monaco sections said they had
had enough and want to split away from the KPCA.
"The KPCA people are our representatives but they don't listen to
us," said Monaco resident Dorothy Friedman. She said three buildings
in her association would like to separate from the KPCA. "I'm looking
to be able to pay our own bills, and our own contractor, and make
decisions that are good for our building."
Price said the KPCA and Prime Management, which manages the community,
have mishandled the repair process, costing residents thousands more in
assessments and living expenses. He also has secured funding for repairs,
something he said should have been done by the KPCA right after the storm.
But the smaller association can't move forward without the KPCA's
approval.
Price has reached out to the Department of Business and Professional
Regulation and to the state's Condominium ombudsman's office to see if his
association can secede from the KPCA. But KPCA doesn't fall under the
Florida statute that governs condominium associations, according to Bill
Raphan, a DBPR paralegal specialist.
"We have no jurisdiction over them," he said. "It's a very
complicated situation over there."
Raphan said he will meet with residents today at the Monaco Clubhouse to
explore their options and help them figure out how to get back in their
homes.
KPCA attorneys, however, say now is not the time to talk about
splintering. They say they have a new plan to get the homes repaired.
"These folks are free to do whatever they like, but we have finally
gotten through some very difficult challenges," KPCA attorney Peter
Sachs said. "If we stick together we would maximize the returns from
the insurance companies."
Sachs said insurance company attorneys, adjusters and engineers met with
KPCA attorneys and engineers Jan. 26 to determine the scope of the work.
"We're doing everything we're legally allowed to do," said Chip
Sollins, president of Prime Management. "We are the professionals and
we only work in the best interest of our communities."
Prime Management Vice President Arnie Bernstein said the association has
also agreed to hire a project manager and formed a committee to find one.
The project manager would then hire a contractor.
But some residents say they heard similar promises when the KPCA hired a
contractor last year. That agreement fell apart in September.
"It's like a soap opera," displaced Brittany resident David
Spitzer said. "You have to wait until next month to see what
happens."
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