MIAMI-DADE COUNTY –
Residents of one South Florida community are describing how
they fought back and got rid of their property management
company.
“We got rid of BDM thank God,” said Fairways of Sunrise
owner Claire Knight. “It was hard work, but a group effort.”
She and other neighbors shared the story of their fight to
take control of the community after they claim the company
BDM Property Management caused significant financial damage.
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Residents of one South Florida community described how they fought back and got rid of their property management company. |
The community is now suing BDM for
negligence. And records revealed in court have raised even
more concerns.
“We realized he wasn’t doing a good job. And he was robbing
us,” said Green.
Financial statements show since 2018 hundreds of thousands
of dollars in HOA funds were spent with no clear
documentation on what.
“They had to borrow a million dollars to do the roof,” added
Knight.
She said neighbors learned the association took out a
massive loan to cover damage from Hurricane Irma. Shocked,
she says, because they were expecting repairs to be covered
by an insurance settlement.
Court records show in 2020 the Fairways HOA did receive
$440,000 from the Irma settlement. Money owners said they
never saw. Bank records from that month show a check from
the HOA to BDM for $439,000, nearly the exact amount.
Curtis, who is also suing the Fairways over his termination
explained the payment in an email to Local 10 News, writing,
in part:
“The amount paid to BDM was almost four years of contractual
obligations due by the association.”
“You’ve been managing this complex for four years this this
and you are not been getting paid?” Knight asked, “We’re not
stupid.”
Attorney David Haber, who specializes in condo law, said
when it comes to investigating HOAs and property management
companies, Florida has a resource problem.
“They’ve passed laws that says there could be civil
penalties, criminal liability, that’s great,” said Haber.
“Who’s out there checking?
“The Department of Business and Professional Regulation is
there to enforce rules, but they don’t have the funds to
enforce the rules and the laws. “They don’t have the money
for all the investigators needed in all of the counties in
Florida.”
The DBPR’s alleged shortcomings are well-documented. Back in
2016 a grand jury in Miami-Dade County issued a scathing
report, calling the agency, which has broad
responsibilities, “inept” and “nonchalant” regarding condo
law enforcement. Ultimately it questioned whether oversight
should go to another department.
“The DBPR needs to parse out and the Division of
Condominiums needs to be its own department,” according to
Haber, “There’s so many people living in condominiums.”
Last month residents of another BDM managed community went
to the DBPR office in Fort Lauderdale after being unable to
hold elections. They said an investigator met with them and
told them they had to file a complaint online.
“So why are we paying taxes in the state of Florida to have
an office here in Broward county with investigators if
they’re not going to investigate anything?” asked Petra
Bouwen, who went as an advocate for an elderly unit owner.
“The facts are on our side,” said Green, “What I’d hope to
happen is that I’d like to see all the communities that he’s
hurting, be reimbursed.”
“So I’m saying to these other communities, stick it out,”
said Knight, “Don’t give up.”
Local 10 News requested an interview with the DBPR but were
told no one was available.
In an email, DBPR Director of Communications Beth Pannell
wrote, in part:
“There are over 140 employees within the Division of
Condominiums, Timeshares and Mobile Homes working on a wide
range of program areas. Over the past year, the Division has
been working to ensure investigators and staff are trained
to work all program areas and not designated to one
particular field. In addition, CAM investigations are
handled by our Division of Regulation. Those investigators
are not specifically dedicated to CAMS—they work with many
different professions.”
Local 10 News also reached out to Mike Curtis to get his
response to the allegations and complaints. An attorney for
Curtis asked Local 10 News to cease and desist from
contacting him.