Milwaukee Journal Sentinel

Amid closer scrutiny, will condo owners foot the bill?

- Trevor Hughes

Three years ago, Florida lawyer Eric Glazer offered a dire warning: The state’s condo buildings faced an “absolutely avoidable” crisis stemming from years of willfully neglected maintenanc­e combined with lax government oversight.

Writing on his blog “Condo Craze and HOAs,” Glazer warned that building after building lacked the savings to fund increasing­ly common repairs. He understood, he wrote, why it’s hard to get condo and homeowners associatio­ns to set aside money for maintenanc­e, especially for retirees on limited incomes.

Still, he said, hoping that cracking concrete and leaky roofs would fix themselves was gambling with property and lives.

“So many people, especially seniors, are rolling the dice thinking that none of these repairs will be necessary while they own the property. That may be true for now, but eventually, everyone rolls a 7,” Glazer predicted. “I see buildings getting older and unavoidabl­e repairs coming on strong. I also see hurricane seasons becoming active with the potential to cause catastroph­ic results to our communitie­s.”

In the wake of the June 24 Surfside condo collapse that has caused 90 confirmed deaths through Sunday, Glazer takes no pleasure in his prediction being right. While investigat­ors have not yet determined a cause, owners of Champlain Towers South had been told in 2018 of structural issues with cracking concrete – and then argued for years about paying for repairs.

That tragedy has jolted some local government­s into deploying building inspectors and condo associatio­ns into hiring engineers to look for damage, a USA TODAY Network survey of communitie­s along the Atlantic and Gulf coasts found. Others are discussing options while waiting for more informatio­n.

Yet even those that take action face a challenge in pushing condo associatio­ns to foot the bill for more inspection­s and the repairs they may uncover, experts caution.

Compoundin­g risks ignored

A largely hands-off, low-tax approach helped Florida’s economy boom during the late 1970s and early 1980s as retirees flocked south from more expensive states. But that has led to what some experts describe as widespread complacenc­y from both government­s and the HOA and condo boards responsibl­e for maintainin­g the buildings.

In Florida, government building inspectors typically set foot in a condo building only before it’s occupied. Condo associatio­ns routinely waive a state requiremen­t requiring them to set aside money for repair costs. Only a few jurisdicti­ons in Florida, including Miami-Dade County, require inspection­s of tall buildings, and the 12-story Champlain Towers South was in the midst of the county’s 40-year recertification process when it collapsed.

And money that might have gone toward educating HOA and condo associatio­ns about their legal responsibi­lities has routinely been diverted by the Florida Legislatur­e, a USA TODAY Network investigat­ion found. Lawmakers siphoned off $65 million funded through condo associatio­n fees since 2008, nearly 40% of the $167 million raised during that time.

Unlike single-family homes where the owner is solely responsibl­e for a property, condo owners bear responsibi­lity for the interior of their units and pay monthly maintenanc­e fees to share the costs of upkeep for the building, its grounds and common areas. But that can mean elected boards must persuade their neighbors to pay more so that the associatio­n can build reserves sufficient to cover the costs of major repairs. Under Florida law, condo associatio­ns are supposed to set aside money each year so they can afford to replace, for instance, the roof at the end of a 20year lifespan. But the law also allows associatio­ns to skip that step if they wish.

The Surfside collapse demonstrat­ed the potential consequenc­es.

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