Veterans of condo wars going to BCC to learn their rights, responsibilities

Article Courtesy of The Sun Sentinel

By Kathleen Kernicky

Published August 16, 2007

 

Bill Raphan writes the word "reasonable" on the board in block letters.

"The rules have to be reasonable," says Raphan, who is teaching a class called Condominium Rights & Obligations at Broward Community College. "Many times the rules don't make any sense. But you have to look at it from both sides. What is reasonable?"

In the topsy-turvy world of condo wars, that's a loaded question. And these students – five condo residents and one property manager – want answers. They want to be armed with information.

Horror stories?

"I've heard them all, plus some," says Raphan, the state's assistant condo ombudsman. "Everybody comes to complain. If they're board members, they complain that the unit owners bother them all the time. If they're unit owners, every time they get an increase or special assessment, somebody's stealing."

"We're looking for answers," says Carol Martin, 63, during a break in the class. Martin sits next to Ellen Marossy. Both live in Sunrise Lakes, and got seats on one of the boards two years ago. It's been an eye-opener.

"I got on the board to keep track of them," Martin says. "I'm not afraid to speak up."

In class, Raphan tries to define reasonable with real examples.

One condo had this rule: No card-playing in the clubhouse without the president's permission.

"Unreasonable," Raphan tells them. "No one can stop you from the use of these common elements."

Then there's the "fat dog" complaint, common at condos that allow small pets. Fido puts on a few pounds, now he's in violation of the weight rule. Does he stay or go? It depends.

At another condo, French Canadian snowbirds decided to hold the board election in Quebec. Reasonable?

Hardly, Raphan says, offering this advice: Read the condo rules and regulations carefully before you buy.

George Roman, 62, was the recording secretary of his condominium, Carriage Hills in Hollywood. He quit after a fight broke out because a board member talked over his three-minute allotment. Police were called.

"This constant bickering back and forth, I thought: 'This isn't good for me,'" said Roman, a nurse who moved from upstate New York. "I took the course because I want to know more about my rights. This is my home. The class showed me that we do have rights but we also have responsibilities. The same is true with the board."

Off-duty police officers are not uncommon at association meetings, Raphan says. Residents hurl insults at board members, who shout them down or don't let them talk.

On the board, "You get calls at one in the morning, 'Somebody parked in my spot.' Or they stop you in the street. 'When are you going to clean the Dumpster, or paint the shuffleboard court?' They call you names. This is typical."

And so is apathy.

Raphan typically sees about a dozen students in his classes, more when the snowbirds arrive. Few residents want to serve on boards or venture to meetings until their pockets are pinched.

"The two dirtiest words spoken: special assessment," Raphan says. "Money brings people out to the meetings. Everybody's under the assumption their condo board is stealing. Is it true most of the time? Hardly ever."

Instead of complaining, he encourages people to get active.

"You gotta be in it to win it," he tells them. "Then, I hear the 'too's. 'I'm too old. I'm too tired. I'm too sick.' Don't' complain. Do something."

Dail Adelman left Chicago four years ago and moved to Sands Pointe, a waterfront community in Sunny Isles. Her plan was to retire and "enjoy my life." Instead, she's wondering where the condo money is going, and worrying about assessments.

She, too, took the class to learn her rights. She's considering running for the board, but she's nervous.

"Every time I think about it," Adelman says, "my stomach hurts."


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