Even the
possibility of The Florida Legislature going into Special
Session in order to solve this alleged condo crisis is
insane. You know why? Because our legislators had the guts
to fix it two years ago after 98 innocent victims perished
in a condominium building that was in a terribly poor,
dangerous and unsafe condition.
The
residents of The State of Florida and The Florida Press was
in absolute shock when it learned that other than in Dade
and Broward Counties, condominium buildings never even had
to be inspected, despite their age. Everyone was saddened
and troubled by the fact that the residents of The Champlain
Towers, many of whom now rest in peace, needed
$15,000,000.00 in emergency repairs but only had $700,000.00
in the bank. Something had to be done. The then current
laws were wrong by any measure.
Governor
DeSantis and the legislators of the state did the right
thing. The only thing that could have been done. Going
forward there would be laws in place that require mandatory
inspections and repairs of buildings that are 30 years old
and every ten years thereafter. Going forward owners would
be required to pay the true costs of what it is to live in a
condominium each month by putting away money for no doubt
upcoming repairs to the property so that the money is there
when needed.
I’ve
said this a million times….we can debate all day long about
why The Champlain Towers fell. Was it the pool deck? Was
the condo next door built too close? The tragedy at The
Champlain Towers happened for one reason……. Lack of money
in the bank. Had the money been there in 2018 when the
association was originally told to make the necessary
repairs, they would have been made and nobody would have
died. Instead years went by and the cost of the repair
skyrocketed. That’s a terrible shame.
Because
the law allowed them to, older owners voted down the funding
of reserve accounts decade after decade after decade. They
deliberately kept their own assessments artificially low.
Their poor excuse was they thought it didn’t make sense to
put away money for a roof they might not live to ever see.
Well………..they got unlucky I guess. They lived. Or,
they simply did not care that somebody would be living in
their unit when repairs are ultimately made one day. Now,
the building needs repairs and they have to pay for them.
Is sympathy now warranted? Seriously? There is no
alternative to the new laws and The Florida Legislature
should stop thinking there is.
The vote
by our legislators was 110 – 0 in favor of mandatory
inspections, mandatory repairs and mandatory reserves. You
know why? Because it was a great piece of mandatory and
courageous legislation. Along with the condominium and HOA
laws passed this past legislative session, Florida has been
nothing short of a model of community association laws for
the rest of the country to follow.
So what
is The Florida Legislature to do now? Should they say we
were wrong about the mandatory inspections? Let’s go back
to no more inspections at all for condominiums. Should they
say we were wrong about forcing condominiums to make
mandatory structural repairs if the building needs them?
Let the building crumble for all we care. Should they go
back to no mandatory reserves like it was at the time The
Champlain Towers collapsed? Well if they do, they are not
being sympathetic to the condominium owners in The State of
Florida. They are again putting them in harm’s way. It
would be a slap in the face to all of the 98 victims of The
Champlain Towers and their families.
These
huge special assessments that we see and hear about on the
news being made by boards of condominiums are now made to
seem by the press as being done by evil heartless board
members who couldn’t care less about the condo owners they
live with. First they screamed and yelled that Florida’s
laws were dangerous and need to be changed. When they are
rightfully changed but obviously result in the need for
increased payments from the unit owners, the laws are
suddenly cruel and need to be changed back.
I’m
sorry. If the condominium was correctly managed over the
years and repairs were made when necessary and reserves were
properly funded, these new laws will have virtually no
financial effect on that condominium. The only condominiums
these new laws financially hurt are the ones where repairs
were not made and unit owners voted against any form of
reserves year after year after year after year. Well as I
said in my
60 Minutes interview.
The bill has now come due.
Florida
legislators and our governor must now stand tall and affirm
their prior decisions because they were right. They were
bold and they were necessary. In fact, just before the vote
on the bill one of our legislators said “Future condominiums
never have to worry about another Surfside taking place.”
Well do they now?
After
the dust settles, Florida will be able to say we have the
safest most properly funded condominiums in the entire
country. That is something to be incredibly proud of.
A
fantastic achievement. Is it going to be tough for some
owners? Absolutely. That’s still no reason to sacrifice
safety. It is always safety first.