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Article
Courtesy of The Sun Sentinel
By Joe
Kollin
Published June 27, 2007
The
elevator at Connie Ross' condo stopped working for the third time in two
months. Each time, it took a week to repair.
"I couldn't go to church. I couldn't go to the store. I couldn't go
to a restaurant. I couldn't go anyplace," said Ross, 86, who lives on
the third floor of the Pompano Yacht & Beach Club and for health
reasons can't use the stairs.
"I was a prisoner in that condo," she said.
Breakdowns have become more frequent as condos built in the '60s, '70s and
'80s age.
Kelley B. Fagan, 41, lives on the ninth floor of the 147-unit Manors of
Inverrary in Lauderhill. Shortly after moving in two years ago with her
daughter, now 11, they got stuck in one of the building's two elevators.
The fire department rescued them.
A year ago, they got stuck for 15 minutes. Two weeks ago, on Fagan's way
to work, the only working elevator kept going up and down by itself until
finally stopping 10 minutes later. That night she had to walk up nine
flights carrying five bags of groceries — "if you can imagine
it," she said.
The association president could not be reached for comment, despite a
message left with the association manager.
There's a different problem at Building 116 in Palm Aire Country Club in
Pompano Beach. The board wants to replace the original elevators, but some
owners object.
Eva Frankel, who lives on the fourth floor, said her building is 22 years
old and a consultant said the elevator should last another five years. So
owners are questioning why they should pay an average of $1,600 each for a
replacement, she said.
"There is nothing wrong with the elevator so people say, 'Why buy it
now? I'm 90 years old. I might not live another five years,'" she
said.
At the 72-unit Hythe A building in Century Village of West Boca, the
single elevator broke more than a week ago and the board told owners it
would take three weeks to repair. When residents of the four-story
building protested, the board managed to get a repair crew to the building
to start work on Monday.
Connie Ross wishes her condo would respond as quickly.
The single elevator that serves her six-story building broke down on April
6 and wasn't repaired until April 16. Previously, it had been out of
service from March 7 to 16 and March 17 to 24.
Ross' daughter, Cindy Trotter, a former board member, called the board to
get it repaired and later called the elevator company herself.
The board then fined Trotter $100, saying associations can't let owners
call vendors because there would be "chaos if everyone got
involved," according to president Jerry Miller.
He blamed Ross and Trotter for being "impatient and not very
understanding."
He said elevator parts had to be ordered and once they arrived, other
problems were discovered. The elevator has been fine since the last work
"so the repair was done efficiently," he said.
The Florida Commission on Human Relations investigates elevator
complaints, but only if the problem impacts a disabled person.
And speaking of elevators, don't forget that a 2006 state law requires all
condo buildings at least 75 feet high, about eight stories, to have a
generator for at least one elevator in each building by Dec. 31.
Q&A
Q. Can the board use association money to pay for parties? A
reader in Pompano Beach said condo owners used to voluntarily chip in to
pay for parties held twice a month. Now the board wants to take money for
the parties from the association's treasury. Is this legal, he wants to
know.
A. We asked David S. Harris, a Miami lawyer who has represented
condominium associations since 1997.
If the association's declarations, rules or bylaws "specifically
allow for such use of funds, it may be allowed. Otherwise, it does not
appear to be fiscally appropriate for the association or allowed" by
state condo law, Harris said.
The condo law, he said, gives boards a fiduciary duty to conserve
operating funds and use them in the best interests of the association.
Q.
Where can I go with my complaint? Where can I or get more information?
A. Here are some contacts:
State condo ombudsman: [email protected]
; 954-202-3234;
850-922-7671 (not toll free); www.myflorida.com/condos
. The ombudsman's
office answers questions for unit owners, tries to mediate disputes
between owners and boards, monitors elections and educates owners.
Division of Florida Land Sales, Condominiums & Mobile Homes:
954-202-3982; 800-226-9101; www.state.fl.us/dbpr/lsc/condominiums/index.shtml
.
The division enforces state condo law.
State condo law: www.flsenate.gov/Statutes/index.cfm?App_mode=Display_Statute&URL=Ch0718/ch0718.htm
State homeowner association law: www.flsenate.gov/Statutes/index.cfm?App_mode=Display_Statute&URL=Ch0720/ch0720.htm
Cyber Citizens for Justice, a nonprofit representing Florida condo and
homeowner association unit owners: www.ccfj.net
.
Community Associations Leadership Lobby, an organization that represents
boards and those who manage and advise associations: www.callbp.com
.
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