Already battered by the twin financial crises of sky-high insurance costs and state-mandated requirements to fully fund reserves, homeowners associations of condominium complexes now face a new threat as they go into budgeting season.
As the glut of condos on the market grows and units that do move selling for far below recent prices, an increasing number of individual condominium owners are unwilling or unable to pay their full share of increasing maintenance fees and special assessments.
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Many of the condo owners who have fallen behind in their
payments have been unable to sell their units after several
months of having their properties on the market.
“Our hands are hopelessly tied as far as those that do not
pay and walk away,” said one Vero Beach HOA Board president.
“Eventually we may get reimbursed at some level. We can set
up an account for uncollectible debts, but in the end it’s
up to those remaining to pay to keep the lights on, clean
the pool, pay the insurance, etc.”
Since the budgeting process for calendar year 2026 has just
started, no one knows for sure by how much maintenance fees
or assessment will have to go up for remaining condo
residents because of non-payments by some.
Mark Shea of Vero Beach, one of the leaders of the Treasure
Coast Condominium Alliance (TCCA), a group of close to 20
condominium associations stretching from Indian River Shores
in the north to Stuart in the south, blames the legislation
passed in the wake of the 2021 collapse of the Champlain
Towers condo complex in Surfside in South Florida for the
present crisis.
Supposedly to prevent future such collapses, new state laws
forced all buildings three stories or higher that are close
to the water to undergo “milestone inspections” on
structural safety and then make arrangements to fully fund
reserves for repairs mandated by the inspections.
Shea said the well-intended safety legislation turned into a
serious government over-reach, and wound up being no more
than “a transfer of wealth, primarily from senior citizens
(condo residents living on a fixed income) to the
construction and banking industries.”
Shea noted that everyone in the construction industry, from
licensed inspectors and contractors, as well as bankers who
offer financing loans to strapped HOAs, has been making
money on the backs of condominium owners hit hard by rising
costs.
“Thousands of condo owners are handing their children’s
inheritance over to construction companies or banks to
finance the work required by the new laws,” Shea said,
adding that he’d like to know how much lobbying was done and
campaign contributions were made by the construction and
banking industries to get the new state laws passed.
The TCCA is continuing to lobby in Tallahassee to get the
new state condo laws totally repealed, or at least to get
enforcement paused until further notice, but the legislature
is adjourned and state senate and house committees won’t
start meeting again until early next year.
Condo owners just walking away from their units is new
phenomenon in the Vero Beach area.
“We just had our first person walk away,” said an HOA Board
of Directors member. “They didn’t leave any information –
who the mortgage holder is, or the attorney handling the
situation. They even had the power turned off, so now we had
to put it back on in the name of the association to reduce
possible mold.
“Next is having our building superintendent make a weekly
round to make sure there are no water leaks and no sewer gas
is coming back into the building from the toilets, etc.,” he
added. “We’ll place those charges against the unit and
hopefully get reimbursed someday, but in the meantime, it’s
a mess!”