The media has published reports that in October 2018 an engineering firm found "abundant cracking," "major structural damage" and more. "According to the consulting firm’s statement, after the firm gave the condominium association an estimate of costs for the repairs, about 18 months elapsed before the association hired the firm to prepare detailed repair plans. An 84-page draft of the plans from April this year also was released by Surfside." "Morabito Consultants, said in a statement Saturday that the damage he found “required repairs to ensure the safety of residents and the public” but that the repairs had not been started when the collapse occurred." See https://www.washingtonpost.com/national/champlain-towers-south-surfside/2021/06/26/a509519a-d5de-11eb-a53a-3b5450fdca7a_story.html
I suppose these are sound bites on top of sound bites; armchair quarterbacking; everyone has an opinion; and so on. All concerning complicated engineering issues that affect the safety of people and property. Meanwhile this nation asks volunteer HOA/COA boards of laypeople to make decisions on these complicated issues, using the business judgment rule et cetera, with HOA/COA members ready to jump down the HOA/COA directors' throats anytime an increase in the assessment is threatened. Which brings me to BillH10's interesting comments on same.
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Posted By BillH10 on 06/27/2021 8:48 AM
I predict the introduction of numerous pieces of legislation in the Florida Senate and House in an attempt to hold Boards more responsible for ensuring maintenance and its funding cannot be sidestepped as it is now all over the country. Since our Legislature in Texas meets only every other year, and a session just ended, by the time of the 2023 session much of this tragedy will have been forgotten in Austin. There are coastal cities in Texas with high rise developments, this incident could very well have happened in this state.
Here as another armchair quarterback, I think I would prefer more laws requiring governmental certification of a building's structural integrity. Perhaps a statute requiring HOA/COA boards to seek and document the advice of counsel on any structural issue (if this is possible). I grant that the latter suggestion may be something that encourages too much litigation snowballing.
I think whatever is put in place is a gamble either way that the desired effect will result. But gamble or not, I think doing nothing regarding the buildings in the Florida area (and as BillH10 indicates, elsewhere where the sea and salt water may be playing a destructive role) is a mistake.
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We had a Zoom Board Meeting yesterday with a client, maintenance items were on the agenda. The majority of the Board ignored the 500 pound gorilla in the room, mainly that they do not have adequate reserves, and kicked the can of maintenance of exterior steel railings down the road until another time. Frustrating.
Excellent anecdote. As a service to HOAs/COAs nationwide, I wish this site would start emphasizing this problem, and that Boards seeking to do the right thing must stay focused that their very first duty, by far, is the safety of life and property. HOA/COA politics be damned. Do the effin' right thing.