Responses to some concerns recently expressed
Fellow Owners,
Some of you have been copied on questions/incorrect statements from some owners, concerning projects associated with the assessment. Below are clarifications/facts:
Question #1: The Board did not include the Storm Drainage system rehabilitation and modify Pool and Parking Lights in the Phase 1 projects (however those are indicated as priority by the Engineers on the document you received. It was commented that “Board never voted on those projects. The Board voted for 9 projects, therefore you must do those project first, if you will have funds left, then the board, who will be at that time must voted for the additional projects. Please, provide legal opinion from condo attorney ,allowing the Board to use assessment fund for the project that was not ON THE LIST OF ASSESSMENT PROJECTS, and NEVER VOTED for 5.6M, therefore commingle , and mismanage funds.”
Response from Attorney:
“The special assessment is passed for the purpose of repaying the bank loan. The bank loan was obtained for the purpose of performing common area repairs, maintenance and replacement. The special assessment is not legally tied to a specific project EXCEPT that if the loan is paid early and there are assessment monies left over, said monies are to be used for any additional common area repairs, etc. as determined by the Board.
This does not mean that the project scope pertaining to the common elements cannot be altered and it does not mean that a change would require an owner vote. Provided the bank loan is used for its overall intended purpose, the Board is free to determine, in consultation with the professionals hired, which common areas are in need of the most attention and to alter that list if deemed appropriate.”
Question #2: Risers: At the Board meeting it was stated that at least 30% of the risers must change. “The Board has the right to enter in those apartment, because it’s an emergency, and it’s a Health condition. As per Alex ,70% risers are not leaking , and not an emergency, and not a Health condition, the Board can’t enter or start breaking closets, or bathroom walls, without the owners written consent. You brought the attorney, who gave a nice speech, telling people that the Board has the fiduciary responsibility to keep the building safe, agree, and that the Board can do what they want in the building, agree. Only one word he never mention : COMMON AREAS. Common areas are : hallways, pool deck, mechanical, pool, roof etc.
Start changing risers, which are not leaking, based on engineer recommendation, will not open the doors in our apartments. THE BOARD CAN ONLY ENTER INTO AN APARTMENT WITHOUT OWNER CONSENT IF: A. EMERGENCY. B SAFETY. C. HEALTH Which is none of the above. Good luck with that project.”
Response:
Risers are an emergency, safety issue and health issue. We must not forget that the chilled water risers are 18 years past their life expectancy according to our Engineers and 30% are already failing. Not tending to them with this known and official fact would put this Board in violation of Florida Statute 718 law and naturally put our building at risk to systemic failure as stated by our Engineer.
From Florida Statute 718.111.5
“5) RIGHT OF ACCESS TO UNITS.—
(a) The association has the irrevocable right of access to each unit during reasonable hours, when necessary for the maintenance, repair, or replacement of any common elements or of any portion of a unit to be maintained by the association pursuant to the declaration or as necessary to prevent damage to the common elements or to a unit.”
Therefore, according to this law, the association has the right to access ALL it’s common elements in order to repair or replace any elements in order to prevent damage to other units.
Thank you,
Marla Hopkins