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A TRAGEDY WITH MORE QUESTIONS THAN ANSWERS
By
Eric Glazer, Esq.
Published June 28, 2021
I was lucky
enough to be on vacation the past two weeks. On my last day, I
woke up to the tragedy that was unfolding in Dade County as the
Champlain Towers South Condominium came crashing down in
Surfside. There are still over 150 people missing or
unaccounted for. Before commenting on this devastation that
will no doubt change the way Boards and counties and
municipalities inspect condominiums going forward, let’s start
by feeling terrible for the victims and families of this
tragedy. My heart truly goes out to them.
I’ve seen a
lot of strange things happen in my legal career. I’ve seen
owners spray their unit with ammunition from an AK-47. I’ve
seen unit owners throw contents of an entire apartment over
their 20 story balcony from roid rage, I’ve seen owners store
dangerous toxic chemicals in their unit. But, you know what I
have never seen………..a building like the Champlain Towers simply
collapse. Sorry, I’ve never seen that before. We have all seen
buildings that collapsed after a terrorist attack and buildings
that were destroyed by a hurricane. But I don’t believe we have
seen anything quite like what happened here.
So…….what
the hell really happened?
Apparently,
an Engineer gave the Board of Directors a report in October of
2018 that found “failed waterproofing is causing major damage to
the concrete slab. Failure to replace the waterproofing in the
near future will cause the extent of the concrete deterioration
to expand exponentially.” The engineer recommended a very
expensive but necessary process to correct this. In the garage,
there was evidence of cracking and spalling in the concrete
columns, beams and walls ---- with exposed rebar. “Most of the
concrete needs to be repaired in a timely fashion. Clearly, the
Board knew about structural defects that needed repair. The
question is, did those necessary repairs go unanswered and if
so, was that the cause of this tragedy. I am not blaming anyone
for anything. However, the lawyer in me tells me that buildings
don’t just simply fall down without any warning signs
whatsoever. . But here is what I want to know and see:
1.
Has the City or County previously notified the condominium about
any structural defects? If so when and how?
2.
Has any contractor or engineer notified the condominium about
any structural defects? If so, when and how?
3.
Has any engineer or contractor inspected the property or
performed repairs on the property that could have caused damage
that led to this disaster?
4.
Has any unit owner or the association made any material
alterations to the property by removing any structural walls?
5.
Was the Board ever made aware that the structure of the building
needed repair? If so, when and how?
6.
Was the board aware that balconies were spalling and rebar was
rusting? If so, what did they know and when did they know it?
7.
Has the insurance carrier performed any inspections of the
property and if so, when and what were the results?
8.
Has the County required a 40 year certification regarding the
structural and electrical components of the building? If so,
what were the results?
9. Was a
reserve study performed on the condominium? When? What were
the results?
10.
What bid packages were sent to contractors? When were bids
received?
11.
What follow-up was done by the association with the engineer of
the 2018 report?
12.
What was discussed at Board meetings regarding the need for
repairs to the structure?
13.
Were any owners complaining about damage in their unit or
parking spots?
The results
of reviewing these documents are crucial for several reasons and
may lead to a need to review additional documentation.
In addition
to their unit, many people at Champlain Towers South lost every
piece of personal property they owned. They lost all of their
furniture, appliances, electronics, clothing, jewelry etc… If
they did not have an HO-6 insurance policy, the only way they
can get reimbursed for their loss is by proving negligence
against the association. The above documents will be crucial in
knowing whether or not there was or was not negligence here. If
there was, owners can sue the association for damages . If
there wasn’t, the owners suffered a total loss without a chance
for recovering damages for their personal property. And by the
way…….just because the building exploded and people died does
not relieve any of these owners from having to continue to pay
their mortgages while now having to find a new home. It is a
tragedy on many levels.
As many of
you know, in both Miami-Dade and Broward County, condominiums
are required to undergo a 40 certification process whereby an
engineer must attest that the building is structurally safe and
electrically safe. If you can believe it, it appears that the
Carlisle was in its 40th year. Apparently, there was a demand
for certification by the county.
It would not
surprise me if we see a change going forward, reducing the 40
year certification to 30 years or even less. I think engineers
are about to be busy. I don’t think anyone in condominium
buildings will ever turn a blind eye to cracks in the concrete
that is so often done.
I pray for
the families that have suffered a loss and/or still don’t know
for sure if a loved one is among the rubble. I also pray that
the Boards of Directors of every condominium understand the
immense power they have to potentially save lives by making sure
the property is always safe and sound. Too many times you hear
about not being able to afford necessary repairs. Too many
times the can is kicked down the road. The reserves are waived
for the umpteenth year again and again and again. I’m not
saying that this definitely happened here at the Champlain
Towers. I am saying what I said at the top: buildings just
don’t fall down. But every board everywhere has the solemn
obligation to make sure something like this never happens again.
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