Condos Are Facing Major Assessments: Many Seniors on Fixed Incomes Simply Cannot Afford It

Their challenges are the same that are being faced by the boards throughout our state. Deferred maintenance, 40 Year and 50-Year Building Safety Inspections 200 percent plus insurance increases, Structural Inspections Reserves Studies (SIRS), Emergency Life Safety System requirements (ELSS) and rising cost of running condominiums in general have threatened the ability of many seniors and individuals on fixed income to stay in their homes.

During the meeting, I had a chance to explain our budget and the projects that are underway. I shared the news that we have lowered the tax rate to roll back and while addressing many Infrastructure and other vital services. The most important discussion was about what role the City plays when it comes to Building Safety, ELSS and implementing the new Condominium Laws.

I made it clear our City has no control over private Condominium Boards. They are regulated by The State Department of Business and Professional Regulations. Vice Mayor Anabelle Lima-Taub championed the Condo Transparency Law here in the City which I was proud to co-sponsor and that became a blueprint for the state. We do require Condominiums to file certain documents with the City to be placed on our website.

The law helps residents and owners to have more access to records but there is limited control other than a fine if it is not submitted. Our Police Department does have the ability if there is “proof” of Financial Crime to investigate. Proof means Actual Records, Receipts and Bank Information. It does not mean speculation, hearsay, or a question of impropriety.

What the city is responsible for is making sure all of the Building and Fire Safety Requirements are met. 40 and 50 Year Building Inspections MUST be performed, and all Fire Systems are implemented. If these items are not performed the City can issue Notice of Violations! Our Building Official in the event of a Safety Report comes in with “Eminent Failure” has the authority to Red Tag a part or all of a building if the board does not take immediate action! This has only happened once in the City. It was found that a garage’s supporting beams were failing. The board immediately shored up the garage structure which allowed residents to remain safely in the building.

If the building does not address NOVs they can be taken to the Special Magistrate. The Magistrate will rule on the case and either give time to cure or issue a final order. Final orders can be heard as continuance so long as the building has filed for Permits and if moving forward addressing the issue. Our Code Enforcement is a tool for compliance not meant to be punitive. Many residents do not understand that it is not an immediate process. The process can take months or more depending on the type of work that needs to be performed.

This was the case with the Hemispheres. In 2019 there was a final order for Multiple Violations including: Structural, Painting, Seawalls, Parking Lots, Roofs, and Common Walls. Since 2019 the old board has been working on many of these issues. The COVID-19 Pandemic hit in 2020, so many projects took much longer and grew in scope. Prices change as well. Most of the projects have been completed. There were major overruns on a pool project that resulted in 6.00 plus more in costs.

While completion of the old projects is underway the condominium is now faced with a 300% increase in insurance, additional cost of six million plus for pool, the SIRS and ELSS. This is what led to the 56-million-dollar price tag. It is an understatement to say residents were so alarmed they filed a petition to stop the assessment and reached out for help from the City and Senator Pizzo.

Our Fire Marshall clarified the ELSS does have to be acted on due to State Law. Many condominiums have continued putting off installing Fire Sprinklers for years, thinking that the mandate would be removed. That is not the case. The programs require that buildings begin to evaluate what their plan will include, get bids, and start the process of filing Permits. These are steps that must be taken that result in building out by 2026.

Vice Mayor Lima-Taub announced that she and I will be cosponsoring a resolution to request that Broward County create a Condominium Relief Fund like Dade County. The goal is to at a minimum help those seniors on Fixed Income that simply cannot afford the assessment. Residents’ that attended the meeting hoped that the assessment would be postponed. A petition is being circulated please visit Vice Mayor Lima-Taub’s Facebook page. I will be sending out the link via email. Sign up at: www.mayorjoycooper.com

Senator Pizzo then took the floor to go step by step with the many questions raised about the assessment, lack of access to information when the assessment was proposed and passed, what items truly need to be SIRS and the timing of the ELSS. The meeting lasted over 4 hours, so this is a very abridged version. If the assessment was passed and approved then payments begin October 1st.

There was a commitment to make sure that the Board would post and make sure all of the information asked for was sent out and posted. The new State Law has made it clear that nonresponse to records requests can be a Misdemeanor and the Second Violation will be a Felony. Another issue was that meetings on zoom did not allow participation. The Senator made sure it was clear that the board meetings must be conducted properly according to State Laws. He also made a commitment he would spend time with the manager and board to review the list of projects.

I will follow up on that meeting. It is critical that all boards understand the SIRS and what changes were made in 2022. I requested that he share a summary on white paper so I can make sure it is published and shared.

Please feel free to contact me anytime with your questions, concerns and ideas to make our city a better place.I’m reachable at the office: (954) 457-1318. Mobile/Text: (954) 632-5700. Or visit my website at: www.MayorJoyCooper.com - Working for you! Always have! Always will!