An Opinion By Jan Bergemann

Published May 20, 2005

"My Way Or The Highway" doesn't often work too well with condominium owners. Judy Stern, well-known political consultant in Broward County, found that out real fast when she tried pushing fumigation on her neighbors without letting them have a say. 

And she might have found out that it's easier to run over political opponents than over condo-owners. It seems that quite a big share of the special assessment of $50,000 has already been used for legal fees, and still no termite killer in sight!

It all started as usual: A board that felt it has the right to make these decisions without discussing it with the unit-owners -- and an attorney backing up the board by stating, “It's a business decision and the board doesn't need to ask the owners.”

Right or wrong? That should not be the deciding factor in these cases. It's peoples' homes and they should be asked before getting kicked out and their property left more or less unguarded. Especially with the example of another condominium just across the street using a different method, that doesn't require evacuating the whole building and finding accommodations for a few days.

But Judy Stern decided against any alternatives: It's fumigating by Dead Bug Edwards -- or nothing! And the outcome of these kinds of decisions? 

As usual:  It ends up in lawsuits, neighbors fighting neighbors, and the money collected for a certain purpose winds up in attorneys' bank accounts -- and the termites still live happily ever after!

Now, instead of exterminators, attorneys are at work. And whatever the outcome -- The losers are the unit-owners! And the winners are? Termites and attorneys!

And in my opinion, all because certain people sitting on condo boards think they have the right to make decisions seriously affecting the lives and welfare of their neighbors without even considering their objections. 

Works great, especially with the elderly and people on fixed incomes, who already might have problems paying for their prescription drugs.

Some people still haven't realized that these kinds of letters often create the opposite reaction than intended. Or not? In the meanwhile this "business decision" turned into an all-out war, pitting neighbors against neighbors -- as usual. 

Have you forgotten? SEINFELD was written in one of these condominiums down in Broward!

And as usual the feuding parties are exchanging letters, flyers and e-mails. See some examples sent by Robert Aiello to his neighbors.

Even the Sun Sentinel took notice in one of their political columns!

An attorney, hired to inspect the association documents, was shown to four bankers' boxes and forced to sit on the floor. According to the lawsuit filed by one condo owner, after about 30 minutes Scott Bush, the manager/operator of SUNRAE MANAGEMENT, had the attorney removed from the premises by a Broward Sheriff's Deputy.  Bush claimed that the attorney was spying on the employees. You'll find all the juicy details in the law suit filed by Robert Aiello against all opposition players: JUDITH STERN, GEORGE CONROY, JUDITH RIVERA, ALYSIA FREEMAN, EILEEN BORMAN, COLONIAL MANOR WEST APARTMENTS CONDOMINIUM ASSOCIATION, INC., AND SUNRAE MANAGEMENT SERVICES, INC.  

A new owner, who had just purchased a unit as his retirement home in January 2004, quickly saw the writing on the wall. After getting involved in some of the quarrels, he rushed to buy another home -- not in a condo association -- and left a year later. But not without running in serious problems before being able to sell the unit. According to his statement it was easy to buy the unit, but when he wanted to sell he ran into quite some trouble. Finding the buyer wasn't difficult, but getting the necessary approval of the board proved to be really difficult. He was not allowed to sell without signing the waiver. And according to "hearsay," the prospective buyer of the unit was told at her interview, that she couldn't purchase the unit WITHOUT SIGNING THE WAIVER WITH DEAD BUG EDWARDS! She obviously did sign the waiver!

The lawsuits are in full swing, the attorneys and termites are all happy, and Dead Bug Edwards has so far not made any progress. And it's foreseeable that the funds from the special assessment are being spent for other purposes than intended  --  as it happens much too often!

As long as we have association boards that make decisions without considering the wishes of the owners, we will see lawsuits like this. They are not pretty but very expensive -- for all parties involved.

And with that in mind these specialized attorneys will use all their resources to fight consumer-friendly reforms in Tallahassee -- with the help of board members who like it: 

My Way Or The Highway!

Update: According to a letter from Alternative Termite Management, Inc., in the meanwhile 14 units and 3 attics have been treated using the alternative method. The individual unit owners paid for the alternative treatment.

Several other unit owners wanted to have their units treated with the alternative method. They requested to have their money refunded from the special assessment.

The board president refused to refund any money.  

The big question: Is there still money left?