Condo residents must sway the state

Article Courtesy of Miami Herald

By JONNELLE MARTE
Posted May 21, 2006

Alberto Sabucedo and his neighbors are tired of the poor maintenance, questionable fines and stubborn condo board president.

They want change.

Sabucedo, a resident of West Gardens Village Condominiums, 690 W. Park Dr., endured weeks without light outside his condo, almost had his water disconnected and hasn't been able to swim in the pool for months.

He and other residents thought recalling the condo board might put an end to the problems, but so far, things have only gotten more complicated.

They filed to recall the board in April -- only to find out that the man they thought was the president isn't even a board member.

Records show that Sergio More, 80, the self-described ''leader'' of the 64-unit community, hasn't been president since he was recalled in 1998. His wife, Cecilia More replaced him -- at least according to records.

''What bothers me most is the totalitarian aspect of what's happening here. We've not been able to exercise our democratic privileges,'' said Victor Simon, a resident for 22 years.

More insists he has been president of the association for 17 years and there is an annual election. When shown documents indicating his wife is the registered president, he admitted that his wife had been president in the past, but neither of them can remember when that was.

He said he is not giving up his seat.

''I will not resign; you'll have to fight with me,'' said More, adding he will name his successor before he dies.

The five-member board is fighting the recall by disputing some of the 33 signatures in the petition that was submitted to Tallahassee. Residents who want the recall have until Monday to present their defense to the state.

''We're countering that with hard-core evidence that shows they were wrong,'' Sabucedo said.

Among the residents' complaints are board meetings held at 11 a.m. on weekdays at the office of the management company, and that the association is shady about how it spends its money and determines the special assessments. The last assessment asked for $44,000 to cover a deficit and repair hurricane damages.

Residents say holding meetings at the offices of All Florida Management, 9360 Sunset Dr., is unfair because they can't attend, but a state official concedes the practice is allowed under Florida law. The board can decide where to hold meetings.

''If you're holding meetings off the premises, you are already eliminating some of the people who can go,'' said William Raphan, assistant to the Condominium Ombudsman, a department which handles complaints about condo associations.

Javier Gonzalez said his car was stolen during the two weeks when the power was out.

The power has since been restored, but residents still have to deal with a green pool, knocked down trees and fences, and a leader they said is loud, rude and dictatorial.

More cannot get around without his cane, which some neighbors allege he has used to threaten them. He came from Cuba in 1972 and boasts about his experience in the Cuban military.

But More said he gets along with most of his neighbors and has nothing to hide.

''I am very proud of myself. I am not a thief,'' More said. "Our maintenance is not perfect, but it's good.''

More said the association has no money because some residents have not been paying their maintenance fees.

He said he signs the checks, but All Florida Management is in charge of the finances, which include setting the assessments and paying the water, electricity and taxes.

Raphan said that is one of the few things a management company should not be doing and problems arise when it is given "too much leeway.''

''It's what we call the tail wagging the dog,'' Raphan said.

''What happens is [management companies] assume too much power and they start controlling the association. They're not allowed to give legal advice and they're not allowed to make financial decisions,'' he said.

Raphan said management companies are allowed to prepare budgets, but it's up to board members to review and approve them.

Residents said they questioned All Florida Management's president, Barbara Blanco, about how much money is being spent on maintenance, but she tells them More makes those decisions.

Blanco did not return repeated calls from The Miami Herald. Even residents who did not sign the recall petition, such as former board member Maria Peterson, agree the community needs help.

''Something has to be done,'' said Peterson, who added she recently resigned from the board against More's wishes because she has high blood pressure and was afraid she would get sick from the stress.

Peterson also resigned before the 1998 recall but returned to the board in 2005.

"This can't go on like this.''

CONDO ARTICLES

HOME NEWS PAGE