Condo owners' long wait after storm may be ending

After an ordeal of years residents of a hurricane-devastated condo tower are close to returning home.

Article Courtesy of The Palm Beach Post

By JANE MUSGRAVE

Published July 28, 2008 

 

When Lenny Maites and his wife, Blanche, needed a place to live after hurricanes devastated the Tiara condominium in 2004, he scoffed at her insistence that they sign a one-year lease.

''What are you, nuts? We'll be back in here in a couple of months,'' he told her.

They're still waiting.

But after years of frustration, litigation and false starts, things finally are looking up for owners of the 320-unit Singer Island high-rise.

SOARING COSTS

And for a change, it's not just the soaring costs of repairing the 42-story oceanfront tower that became of symbol of the perils of coastal living.

If all goes as planned -- and ifs have been a way of life at the Tiara -- final building inspections will begin next week, and residents should be able to begin moving back into their long-abandoned homes Aug. 8.

''To me it's going to feel like I have my life back,'' said J.B. Dixson, who had just renovated her two units when the first of two hurricanes walloped the high-rise in the fall of 2004 to be followed by Hurricane Wilma a year later.

''I have felt an unreal sense of just drifting for four years,'' she said.

Other owners share Dixson's feelings.

''We've moved five times in the last four years,'' said Blanche Maites.

And with family photos and keepsakes in storage, no place felt like home.

''It's like being homeless,'' said Carol Dubinsky, who had lived on the 39th floor of the Tiara for 20 years. "You feel like your identity's been misplaced.''

The cost to residents has been substantial.

For the roughly three dozen residents who had no other home, there was the cost of rent. For most, there was also the $300-a-month-plus cost of storing what they managed to salvage from their windswept, rain-soaked homes.

Further, even though they could not live in their condos, they had to continue to pay taxes and maintenance fees, which added at least $10,000 a year to their seemingly unending bills.

THE ASSESSMENTS

Then came the assessments. With only $88 million of the roughly $140 million renovation project covered by insurance, each resident had to kick in between $110,000 and $150,000 toward construction expenses.

The condo board is still trying to figure out how to pay for an estimated $4 million of other improvements, such as rebuilding the tennis courts, garage roof and gazebo, without socking residents with yet another assessment.

There is a chance Tiara residents could recover some money in pending litigation against the original construction company, their insurance agent or their public adjuster. There is also a chance that years of litigation will be for naught.

Already, they lost a $1.4 million lawsuit against their public adjuster.

A federal jury last year ruled that Goodman Gable Gould/Adjusters International did its job properly. The verdict has been appealed.

If they lose the lawsuit against Southern Construction, which walked off the job in February 2006, saying it had not been paid, they could be forced to pay $23 million. So far, mediation has been unsuccessful.

Another lawsuit, claiming Marsh & McLennan Companies underinsured the building, is scheduled to go to trial in federal court in November.

Lawsuits are the least of residents' concerns.

All thoughts are on city building inspectors and the move, which features logistical problems that rival a military operation.

If inspectors give the building their seal of approval, movers will begin descending on the building.

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