Article Courtesy of Miami Herald

By ELAINE DE VALLE
Published September 28, 2006

Rain drips into Mayrellis Cuba's bedroom, and pieces of plaster from the ceiling fall down on her and her husband while they sleep.

Their children can't play outside, because Cuba is afraid they may hurt themselves from the shingles and nails that have fallen off of the roofs, which sometimes damage the cars in the parking lot.

Cuba and other town house owners at the Courts of Birdwood in Westchester near the 3700 block of Southwest 99th Avenue have been waiting for roof repairs since Hurricane Katrina damaged their homes last year.

Work was slow in getting started and then stopped last spring after the roofing company that was hired reportedly found asbestos in the ceilings of the complex, built in 1985. Then, suddenly two weeks ago, a second roofing company started all over again.

But residents still worry that the homeowner's association or property management company is pocketing some of the insurance money.

According to documents Cuba obtained from the homeowner's group, the Courts of Birdwood got a check for $193,378 from Allstate Insurance in September of last year. Of that, $171,450 was for the roofs. The rest was for trees, fences and other structures.

Asbestos removal was included in the $166,000 contract with The Big Roofing Company for the job. Homeowner Association President Edwin Llamas said he negotiated a lower price than what the roofing company negotiated with Allstate to spread the wealth around.

''So we could use that money to do other things, make other improvements,'' Llamas said.

But he refused to answer questions about the progress of the work and why it had stopped. He blamed the roofing company then referred questions to Raul Aguilera of SPM Group, a community association management firm paid to oversee the property.

Aguilera did not return repeated phone calls to his Doral office.

Back in July, The Big Roofing Company sent a letter to all unit owners, explaining that they stopped work because a third ''progress payment'' of $37,500 had not been received.

Danny Potocki, general manager of Big Roofing, said there were problems with the association and SPM from the beginning, and the initial claim was even higher than $193,000.

''We went to bat for them with the insurance company. The total claim was upwards of $375,000. They demanded we sign a contract at $166,000,'' Potocki said.

'Then they came back after we started the project and said they didn't want to do all the buildings. The homeowner's president said, `I want this unit, this unit and this unit done first.' Of course, it was his unit and all the people on the board.''

When his workers found rotted and damaged wood in the ceilings, Potocki said, the management company did not want to pay for the repairs.

''The insurance company is more than happy to pay for it. But they don't even want to give us the go ahead to go back to the insurance company and get more money,'' Potocki said.

His firm has filed a complaint against the condominium association with the Florida Department of Business and Professional Regulation, and the condominium association filed a complaint against the roofing firm, according to Potocki.

A spokeswoman at the state division said complaints are confidential while they are investigated, and she could not confirm whether or now the complaints had been filed.

Potocki said the management firm went to each homeowner and told them the firm did not have enough insurance coverage and tried to drum up more money from the condo owners for the repairs, a claim some residents back up.

''People were paying on the side to have their units done first,'' said Joaquin Hernandez, 83, who wraps his clothes and other items in his closet in plastic to protect them from the water that seeps in every time it rains.

Potocki also said the management company took the materials they delivered to the property -- shingles, nails and other supplies -- and allowed another roofing company to use them on a different property.

''We delivered three-quarters of the materials -- material that has disappeared. Tenants were calling us, telling us these guys are taking materials to other properties,'' Potocki said. ``When you are dealing with people who do things that are shady, you have to protect your company.''

Potocki said he feels bad for the residents.

``I see black mold growing in some of those units. It's a health hazard.''

The temporary repairs the company began to make do not last long in rainy weather, Potocki said.

''Those people are sitting under 30-pound felt for several months and that stuff only has a shelf life of a month or two,'' Potocki said.

Hernandez said his temporary repairs are already damaged.

''My nephew went up there the other day and said it was cracked all over,'' Hernandez said. ``They have to do it all over again.''

Potocki said he had workers go out to replace the felt or cover it when Tropical Storm Ernesto threatened.

''We weren't allowed on the property. We were told that if we went out there, they were going to call the police,'' he said. ``At this point, it's not about the money. It's about holding someone accountable.

``My next step would have been to lien the property owners. But I'm not going to. We're about even. But I'd like to just get the job finished. I still have permits open on the property.''

But another company has already stepped in and is finishing the job Potocki's firm started, Cuba said.