Brickell Avenue Streetscape Project: Fixes promised, but slow
The fountains are running. The lighting is on. The broken, sinking and uneven pavers making up the crosswalks, BHA has been assured, will be repaired. Some concerns remain about planting and shrubbery choices, in particular around the back and sides of the fountains and their unsightly supporting mechanical structures.
And finally, the optimistic, before-the-2007-holidays anticipated completion date BHA News reported in its fall issue turned out to be way overly optimistic. Needless to say.
That’s the state of affairs for the Brickell Streetscape Project as of press time, mid-March. The project has been the number-one topic of inquiry to BHA volunteers in the past few months. Neighbors can’t help but notice, if not trip over, sub-standard work on key features of the Brickell Avenue renovation and beautification effort. "Is the best we can get?" is the sentiment heard when viewing some of the work.
BHA has been actively documenting the problems and working with public officials to complete the project and make fixes to shoddy workmanship that apparently did not get the proper oversight when being done. Photos showing construction and design problems enable all involved to see the details of the problems first hand as we work on resolution.
The project falls under the City of Miami’s Capital Improvements and Transportation Department and its new director, Mr. Ola Aluko. He took over the department rocked by scandal and the firing of more than a dozen employees improperly using city time and resources for their own private enterprise. City Manager Pete Hernandez has appointed his Chief of Staff Roger Hernstadt as point person for getting the Streetscape project issues resolved.
The City, of course, must interface with FDOT on the project and lane closings to make fixes to the crosswalks, for instance, since Brickell Avenue is U.S. Highway 1, under the FDOT jurisdiction.
This significant project for the Brickell neighborhood, along with countless others throughout the City of Miami, was delayed because City staffers responsible for the work were busy working on their own freelance construction projects when they should have been working for taxpayers. The initial investigation revealed that for the first 11 employees arrested in the bust, 85% of their time at their City jobs was spent on non-City work as determined by computer tracking devices. Ten of the 11 were in the City’s Capital Improvement Programs (CIP) department and one was in the Zoning department. After the initial arrests, a few more arrests were made weeks later.
While it appears that the new leadership is trying to play catch up on the project, they certainly cannot make up the lost time. BHA is also awaiting the introduction of quality control measures for the City’s contracted work, so quality control isn’t left solely to watchdog residents. This project, in one of Miami’s most prominent communities, should reflect the standards expected in the Brickell, if not all Miami, neighborhoods.
President's Column
Q. Where do your taxes and fees go?
A. Wherever the elected officials want to spend them.
First, a disclaimer: This column is non-partisan. This column is political.
Elected officials control the expenditure of our tax and fee contributions. Today, the expenditure of these revenues is not necessarily invested in the neighborhoods from whence they came. (This holds for the City, County, State and Federal Government.)
In our own District 2 of the City of Miami, Commissioner Marc Sarnoff told BHA representatives at their January meeting, "We’re 78% of the City’s tax base…Impact fees which should be spent in District 2 are not being spent on District 2."
Actually, much of District 2-generated taxes are spent elsewhere.
How can we influence the decisions of elected officials? Commissioner Sarnoff said he plans to "challenge, possibly sue" the City of Miami over this practice. For those of us without legal expertise and with limited resources, however, access, leverage and perceived voting power are our chief means of influence.
How can we obtain such power? Two ways:
1) individual and corporate campaign contributions which are, per force, partisan.
2) voting -- voting is unique in that its effect is both partisan and non-partisan at the same time. Yes, it is partisan to the candidate or issue supported, but in a larger sense, it is non-partisan because the number of actual voters, rather than the number of registered voters in each district, holds greater sway with elected officials. Numbers of likely voters gets the attention.
The distinction between generating influence via partisan and non-partisan means is being made because BHA is non-partisan regarding candidates, but not necessarily so when it comes to issues. We can urge our community to vote, but not for a specific candidate. (This function is limited to the Brickell Neighborhood Political Action Committee [PAC].)
We have some 5,000 registered voters in the BHA community and growing through increasing population and registration. If 4,000 regularly vote, this number can easily swing an election in the City of Miami and even in the County, as well.
You might want to keep this in mind on August 26th, especially if you care where your tax and fee contributions go.
Around the Neighborhood
First, some victories, as we follow up on past news stories...
Canine Courtesy Pilot a success
BHA’s Canine Courtesy Program, launched with the assistance of Miami Police Department Officer Jeff Giordano and NET Administrator Liza Walton in the fall, was successful in educating residents about picking up waste after their dogs. More buildings are installing the baggie dispensers by their exits to assist their dog owners, after BHA met with right-of-way and legal hurdles to installing them throughout the neighborhood. BHA funded a pilot of off-duty police officers monitoring the neighborhood on foot, passing out informational flyers and citing those few residents who did not comply.
Commenting on the change in attitude and behavior he saw over time since he himself manned many of the patrol shifts, Officer Jeff Giordano said: "Once the people know you’re out there and writing tickets, it’s amazing what they’ll find to pick up waste with." Handkerchiefs, the day’s unread sports page, nothing is spared to stave off a ticket!
Party hours to be limited
After the ruckus caused by the late night/wee-hour party on Columbus Day last fall that kept some residents awake until 6 a.m., BHA and the city of Miami was barraged with complaints. Commissioner Sarnoff and Mayor Diaz agreed with BHA residents that quality of life shouldn’t be sacrificed for all-night parties. New noise limits have been set for parties and concerts in Miami parks with a mandated music ending time of 12 midnight. BHA residents agreed this was reasonable.
Bicentennial and Bayfront Parks instituted a midnight weekend curfew and 11 p.m. weekday curfew about three years ago for their special events when downtown and area residents began complaining, and the problem was solved.
Trash haulers warned of early morning limits
Residents in the 15th Road and Brickell Avenue area have been suffering from early morning trash pick ups at buildings. The noise of the trucks and the dumpsters they’re picking up, emptying and dropping has brought bitter complaints to no avail for a long time. NET Administrator Eddie Padilla has been working with managers in those buildings to adhere to the 7 a.m. start time, as specified in City Code, Chapter 22. Miami Police will provide enforcement if the haulers violate the law. Neighbors are urged to notify Officer Jeff Giordano or Eddie Padilla if violations (contact details page 7).
And, some defeats around the neighborhood...
A resounding "no" was given by the Florida Department of Transportation on recent requests. "No" to asphalt repaving of Brickell Avenue when the time comes for the street rehab project in 2010, instead of the noisier, mismatched concrete we currently have. Despite an earlier commitment to asphalt, FDOT changed its position after a reevaluation of the project based on funding and more specific engineering. Coating the concrete with asphalt would raise the roadway overall, causing drainage problems and expensive construction to meet regulations, which, apparently, had not been considered when the department agreed with residents wanting asphalt.
Diamond grinding, BHA reps have been told by FDOT, will be the panacea, making for a smooth, quiet ride. Departing director of FDOT’s District 6, John Martinez, explained diamond grinding saying "the process harmonizes the look and feel of the pavement, eliminates the ‘thumps’ felt at each of the joints between slabs." FDOT will replace only the damaged slabs in the project slated to begin two years from now. Improving the drainage systems is a major goal of the renovation as areas of Brickell, particularly around 15th Road, have serious flooding problems.
Residents who remember the 1996 Brickell rehabilitation project recall the dust, delays, debris, disruption, and the final D, disappointment, when the project was done and Brickell was left looking like a patchwork checkerboard.
Keep Walking
Pedestrians can take a long walk, FDOT said when they presented their "Brickell Pedestrian Safety Assessment" to BHA in February and were asked again about creating safe passage for walkers, joggers, strollers and others going to Alice Wainwright Park, or other points south of Brickell.
Currently, at the intersection of Brickell and 26th Road, crossing 26th Road on foot where drivers are approaching the Rickenbacker toll station is extremely hazardous and is not the recommended course by FDOT. Walkers are simply supposed to walk around the intersection to get to the other side.
This is the route for walkers heading south on Brickell, BHA was told: Cross the off-ramp of drivers heading north on Brickell from the Rickenbacker Causeway with caution. Once past this lane, a grassy "island" provides a push button activated signal to cross the six lanes of Brickell Avenue, heading west. After crossing Brickell, the walker reaches another island holding spot, where another push button activated pedestrian signal is provided to facilitate the walker crossing 26th Road, another six lanes of traffic. Once at the third corner of this round-about route, a push button pedestrian signal is provided to cross Brickell/South Dixie Highway, again, many lanes of traffic. There’s a little island once the walker has crossed the northbound traffic, where one can catch one’s breath and venture across the stream of cars turning right onto Rickenbacker.
The trouble is not just that it defies typical human nature to take such a circuitous route, the pedestrian "WALK" time is very short at each leg, with even an able-bodied person being forced to hustle or jog a bit at the end to make it across all the lanes in this big intersection. And none of the crosswalks in this FDOT-recommended route are delineated with just two parallel white lines; there’s no crosshatchings to catch drivers’ attention.
This important intersection at the southern end of the BHA neighborhood is far from "pedestrian friendly" at this point, and it certainly isn’t for the faint of heart. Perhaps with a little more time in the light cycles, it will be a solution those on foot can eventually adopt. (For those advocating for a pedestrian overpass: "No way," Brickell Homeowners was told.
Volunteer Spotlight
Claudia Bruce tackles Brickell issues head-on
Brickell Avenue resident Claudia Bruce came to Miami from New York City. Not an unusual lineage for many here. She and partner Paul wanted to trade the fast-paced Manhattan lifestyle for the beauty and diversity of South Florida. They wanted an east coast location to make Paul’s frequent European business jaunts as easy as possible. They craved the beauty of the subtropics. All reasons, Claudia points out, similar to what many others would cite for moving to Miami.
Anything cliché about Claudia ends there. She’s not typical at all, but full of the unexpected. Unexpected talent. Unexpected interests. Years as a couture dress maker in the Big Apple. Currently a realtor with Brickell Investment Realty. In school studying to be an art conservator. Articulate in English, fluent in French.
And, perhaps most significant for BHA, unexpected dedication to helping community efforts. In a city of busy people, Claudia is up there, balancing home, school, work, pleasure…yet she’s found time for community service.
Claudia serves as Brickell Homeowners Association’s vice president, having gotten involved soon after moving to Miami five years ago. Homeowners association work, whether for BHA or individual condo associations, typically isn’t popular, high profile volunteer work. In fact, at times, it’s more thankless than rewarding. Claudia says she got involved, however, because she saw the other BHA officers and reps devoting time and energy, and felt she should help out.
"BHA volunteers were giving their time, working hard, demonstrating they really care," she said. "I thought I should help too."
Claudia has been a steadfast advocate for the Brickell neighborhood, taking on noise problems, code enforcement matters, streetscape improvements and related quality of life issues. She has headed up BHA’s Canine Courtesy program, which focused on education and enforcement in a pilot program this past fall that successfully encouraged residents walking their dogs to pick up after them.
Her biggest frustration in working as an advocate is having to point out problems and shortcomings that should be obvious to the government officials in charge. The Brickell Avenue Streetscape Plan is a prime example, where BHA volunteers have had to create their own punch list, in effect, of defective work and quality issues. "We’re not engineers or construction specialists," she said. "These projects should have quality control professionals to determine what’s right and wrong, and not wait to hear if residents complain."
And then, there’re the matters that require no special degrees or credentials, just the power of observation. Like the concrete trash bin lying on its side for months on end. Or poles knocked over "since the last hurricane." Or empty lots going untended, accumulating trash and debris. Claudia dogs each problem, taking photographs, making lists, until resolution. She credits NET Administrator Liza Walton for assisting with neighborhood problems and helping to navigate the many agencies involved with various aspects of the neighborhood.
Claudia said she’s working to achieve what everyone wants: a neighborhood free of trash, clutter, and dog waste. A neighborhood with tended medians and plantings. A neighborhood where it’s safe to ride a bike, walk the sidewalks and cross the street.
Claudia prefers to "bike everywhere" so look for her walking or biking along Brickell Avenue, braving the lack of a bike path and vehicles that don’t seem to notice pedestrians and riders. But, she won’t give up on those matters either, as she strives to enjoy her scenic new home in Miami.
City of Miami Police Department
South District - CORAL WAY NET Crime Prevention Tips
How can I protect myself from vehicle theft?
According to the National Insurance Crime Bureau (NICB), a vehicle is stolen every 26 seconds in the United States. Reduce your risks.
Secure your vehicle:
- Know your surroundings.
- Park in well-lit areas.
- Roll your windows up completely when parked.
- Always lock your vehicle.
- Consider installing a vehicle alarm or other theft protection device.
- Never leave your vehicle unattended while the engine is running.
- For those in single-family homes, make sure the garage door is locked behind you.
Secure your property:
- Always hide valuables – under the seat or in the trunk.
- Keep your valuables (and non-valuables) hidden from view when your car is parked. Even if your car is only going to be parked for one minute, make sure any bags, CDs or objects are well hidden. All it takes is a gym bag, laptop or a CD in your car to entice a break-in for a criminal looking for an opportunity.
- Never hide a second key in or on your car.
- Approach your vehicle with your keys in your hand.
Always report any suspected theft activity to the Miami Police Department at (305) 579-6111 or if it’s an emergency, call 911.
Brickell Cornerstones of Faith
St. Jude Melkite Catholic Church: Brickell Haven of Faith
By Donna De Carlo
Nestled in the midst of towering giants of steel and glass in downtown Miami sits St. Jude’s Melkite Catholic Church. Located on the corner of Brickell Avenue and SE 15th Road, this architectural jewel is the only Miami church built of Indiana Bedford stone, the same stone that adorns the exteriors of the Empire State Building and The Pentagon, and makes up much of Chicago.
The History
This striking landmark, first constructed in 1946, was originally the Academy of the Assumption, a Catholic girls’ school. When its doors were eventually closed in 1976, the chapel and adjacent buildings were put up for sale. A champion for the cause came to the building’s rescue in the name of Michael Tamer, close friend of Danny Thomas and former head of fund raising for internationally recognized St. Jude Children’s Research Hospital in Memphis. He brought the name “St. Jude” to the church and, with an extensive list of donors, enabled the acquisition and restoration of the properties.
In May 1977, liturgical services began in the Chapel of the Assumption at the new St. Jude Church on a regular basis, with the rededication as St. Jude Melkite Catholic Church the following year. Since 1978, many renovations and enhancements have taken place, including a new auditorium, new rectory and a Meditation Garden which was conceived and built through the generosity of Dr. Thomas J. Zaydon.
“There was a need to have a home for our Eastern Catholic faithful who used to come from up north. Acquiring this property to continue its use as a church not only provided a venue for Catholic worship, but preserved a historically significant building for the enrichment and enjoyment of many Miami and Brickell residents, international tourists and visitors,” explained Monsignor Gabriel Ghanoum, who has guided St. Jude for the past 10 years. “It’s a rare, remaining slice of Brickell history.”
Hurricane Andrew inflicted serious damage to the church as it did to other structures in the Brickell neighborhood. Benefactors and parishioners funded repairing and reinforcing stained glass windows, new altars, lighting, doors and icons, completing a half-million-dollar restoration in 2000.
The People
Saint Jude was known for reaching out to all those seeking spiritual renewal, time for prayer, reflection or reconciliation, and most importantly, the “healing power of the mind, body and spirit.” Monsignor Ghanoum reflects St. Jude’s mission to “comfort others.” He points out that the word “comfort” comes from the Latin word fortis to strengthen. “It is important to not just make you feel better (comforted), but to give you strength in the face of adversity.”
A leisurely bayside walk for Brickell residents and those in the financial district lunchtime crowd often ends with a visit to St. Jude’s lush, tropical Meditation Garden. This serene respite from the surrounding urban commotion is an ideal spot for prayer and reflection. Daily masses are frequented by a variety of worshipers carrying everything from shouldered designer purses, shopping bags, take-out lunches or worldly possessions closely held. The pews are lined with lawyers, bankers, construction workers, mothers and children. Parishioners include local residents and seasonal tourists.
“St. Jude serves to be a bridge between East and West, a transcending place where one comes when feeling hopeless to experience the healing power of St. Jude. From hope-less to hope-full,” the Monsignor said.
The Building
Upon entering the church at Brickell Avenue and 15th Road, one is struck by Romanesque arches surrounding the tinted blue ceiling, painted in honor of the Blessed Virgin. As in the Eastern Catholic tradition, hand painted holy icons grace the altar and surrounding walls. Arched stained glass windows portray the mysteries of the rosary and commemorate various saints. The Stations of the Cross are depicted on canvas. Wooden pews suggest a safe and peaceful haven from the daily turmoil of city life.
The Faith
The Miami Catholic Church community consists of churches from the Western traditions (Latin rite) and the Eastern traditions (Eastern & Byzantine). The Melkite Church is a continuation of the church of Antioch and follows the Byzantine traditions. The first organized Catholic Melkite community in Miami began as a mission in 1966. The Melkite community works very closely with the Archdiocese of Miami and is very supportive of St. Jude.
The church assembles more than 1,000 worshipers on a busy Sunday or feast day, and regularly involves more than 1,000 families. A healing service in Spanish held on Wednesdays at 12:30 p.m. is popular with parishioners and the public. The patron Saint Jude is a favored saint of many Latin Americans living in the area.
The Leader
Monsignor Ghanoum brings a myriad of life experiences and inexhaustible study to his vocation. His thirst for learning is evident in his multiple degrees of Theology, Psychology, Banking, Business, International Relations and Political Science. Multilingual, Monsignor speaks fluent English, Spanish, French, Italian and Arabic. He is completing a book compiling his sermons to be published this fall. The path to the priesthood for Monsignor Ghanoum included working in City Hall in Paris helping North African immigrants, serving in the French Press for the United Nations in New York, and later Mid-East issues as well as international banking in Mexico.
“My dream was always to become a priest; it took 20 years to materialize the dream. I went to the business world, and now I am in God’s business. Some call it late vocation, but I call it God’s time vocation. When God placed the call, I followed.
“St. Jude’s presence in this part of the international business neighborhood is here to bring serenity, meaning and peace. If you don’t have peace, you don’t have energy. In the years that I have served this community, I had one idea in mind, to create a sense of unity through collaboration, and growing by moving forward,” Monsignor Ghanoum said. “The only journey that we have is moving forward. What you have left behind stays behind. There is no future in the past.”
Located at 126 S.E. 15th Road, Miami, the Church and Garden are open daily til 6 pm, 4 pm on Sundays. Divine liturgies take place Tuesday through Friday at 12 noon including a healing mass in Spanish on Wednesdays at 12:30 pm. Weekend Masses are celebrated in English, Spanish and Arabic. Under the direction of the pastor, Monsignor Gabriel Ghanoum, assisted by co-pastors Rev. Eugene Mitchell and Rev. Dany Touma and Deacon Magdi Negm. For further information please email St. Jude at Melkite126@aol.com or call (305) 856-1500.
Brickell Cornerstones of Faith is a continuing occasional series on houses of worship serving the neighborhood.
Bus Shelters Upgraded
The Brickell area is finally seeing some improvements in its bus stop shelters, with actual shelters. These are a welcome replacement of the protruding benches that lacked overhead protection and instead had large, obnoxious advertising panels blocking sidewalks.
Fresh produce and a lunchtime diversion offered up the road
If you haven’t tried it, you should, residents say, about the Bayfront Park Farmer’s Market and Lunchtime Experience. It’s been running since late February on Thursdays from 11 a.m. to 3 p.m. at Bayfront Park, 301 N. Biscayne Blvd. The last market will be April 3.
Neighbors can purchase fresh, locally grown produce, exotic fruits, homemade organic honey, herbs, guacamole, handmade soap, orchids and more. For lunch, pick up fresh fruit smoothies, wraps, salads, crepes, grilled meats, shish kebob and other mid-day refreshments.
Responsibility for Casualty Repairs in Condominiums - Is there a clear answer?
By Lisa A. Magill, Esq.
Windows, doors, shutters, enclosed balconies and interior drywall are often damaged as a result of a casualty. Both large losses (i.e. hurricane, tornado, etc.) and small issues (i.e. toilet overflow, pipe burst, etc.) are considered casualties if damages result from a sudden and unexpected cause. Many associations have been plagued with disputes regarding post-casualty repairs in the past several years as a result of increased windstorm activity and changes in the coverage required by the Condominium Act, which impacted individual owner policies. However, these disputes are not a new phenomenon.
Prior to 1979 most condominiums provided “bare walls” casualty insurance coverage. Under this type of arrangement, the unit owner bore responsibility for everything in the entire unit. Unfortunately, many unit owners were unaware of the scope of their personal coverage. A major fire in a Florida condominium resulted in many unit owners realizing, for the first time, that their personal homeowner policy (which are frequently referred to as “HO-6” Policies) was inadequate to cover their loss.
This catastrophe, in conjunction with other lobbying, led the legislature to amend the insurance provisions of the Condominium Act in 1979. That amendment required the association to include “fixtures, installations, or additions comprising that part of the building within the unfinished interior surfaces of the perimeter walls, floors and ceilings of the individual units initially installed or replacements thereof” in the master policy. The attempt at clarification created different problems. Since the carpeting and wallpaper in a unit were covered by the association’s insurance policy, a significant number of mysterious “accidents” began to occur. A bleach spot could result in new carpeting for an entire room, paid for by the Association’s insurance carrier. Consequently the Act was amended in 1984 to eliminate coverage for floor coverings, wall coverings, or ceiling coverings in the master policy.
Several years later a Condominium Study Commission took public testimony throughout the state which ultimately resulted in some significant legislation, including more changes to the insurance provisions. The purpose of some of the changes to the Condominium Act was to shift insurance responsibilities to unit owners consistent with the unit owners’ maintenance responsibilities. As many condominium leaders learned for the first time after the rash of windstorms in 2003, 2004 and 2005, the responsibility to maintain a particular portion of the condominium may fall on the unit owner, while the responsibility to insure that same portion of the property may lie with the association. Thus in 1986 electrical fixtures, appliances, air conditioning or heating equipment, water heaters, and built-in cabinets were excluded from the master policy if said items were located within a unit and the governing documents obligated the unit owner to maintain, repair or replace the item.
The Condominium Act was again amended and since January 1, 2004 all master insurance policies are required to include coverage for all portions of the condominium property outside the units, the property inside the units as such property was initially installed or as replaced with items if like kind and quality, subject to the exclusions, and any other property the condominium documents required the Association to insure. Exclusions from the Association’s coverage are specified in the following portion of Section 718.111(11)(b), Florida Statutes:
Anything to the contrary notwithstanding, the terms “insurable improvements,”… or any other term found in the declaration… which defines the scope of property or casualty insurance…shall exclude…all floor, wall, and ceiling coverings, electrical fixtures, appliances, air conditioner or heating equipment, water heaters, water filters, built-in cabinets and countertops, and window treatments, including curtains, drapes, blinds, hardware, and similar window treatment components, or replacements of any of the foregoing which are located within the boundaries of a unit and serve only one unit and all air conditioning compressors that service only an individual unit, whether or not located within the unit boundaries.
Hurricanes Charley, Jeanne, Frances, Katrina and Wilma (among others) hit various places in Florida with this statutory coverage in place. Claims were adjusted and significant losses incurred. Individual owners learned that most of their personal policies did not provide coverage for the interior walls, interior doors, windows, sliding glass doors and similar building components, as those items were now required to be insured by the Association. Large deductibles and the lack of enough insurance funds to repair all the damages created tension and animosity between Boards and their constituents. Boards followed the instructions in the Declaration of Condominium to determine the respective responsibilities of the Association and the unit owners. Many Declarations divide the expenses of the restoration of the condominium into two categories to wit: units and common elements, with all of the unit owners paying for the common element repairs, while only the owners of the damaged units paying for the repairs to their own units.
Then in January, 2006, the Division of Florida Land Sales, Condominiums and Mobile Homes issued a Declaratory Statement pertaining to the Plaza East Condominium located in Fort Lauderdale. In that decision the Division maintained the position that the Association (all members) are responsible for repair and/or restoration of any property that was damaged in the hurricane, regardless of whether the damage was to the units or the common elements, so long as the Association’s master policy afforded coverage for that particular item. Even though many experts disagreed with the Division on the allocation of casualty losses not covered by insurance as a common expenses, the Division threatened Associations that refused to comply with fines and other penalties, so many chose to avoid the expense and risk associated with an adversarial action with the Division and complied with the Division’s mandate by assessing all of the owners for repairs to individual units.
Not every association automatically agreed to follow the Division’s mandate in Plaza East. Fountains South challenged the Division and litigated before an Administration Law Judge. Judge Van Laningham completely rejected the earlier Division’s position in Plaza East, and stated that casualty repairs or reconstruction (as any other repairs) to the unit or the limited common elements should be made by the party assigned that responsibility in the condominium documents. In other words, since the Condominium Act did not require the Association to make these repairs as a common expense, the Judge stated that the Division could not lawfully impose its interpretation of the insurance provision in this manner. That Recommended Order is not yet final. Thus, it seems that changes to the law brought even more confusion, rather than clarity.
The Legislature began the 2008 session on March 4th and already there are a number of bills filed to address the problems created by varying interpretations of the existing law. Senate Bill 2470 and House Bill 1349 are companion bills that essentially codify the Division’s pronouncement in Plaza East by requiring associations to reconstruct any item that they insure. However, it enables each association to decide for itself whether that policy is appropriate and in the event the owners believe allocating the responsibilities in compliance with the particular Declaration of Condominium is more equitable, they may vote to “opt out” of the statutory reconstruction process. This proposed legislation also clarifies the responsibility of the unit owners to insure and rebuild any improvement to the condominium property (i.e. balcony enclosures) made by them or their predecessors in interest. Similar language is contained in Senate Bill 2086 and House Bill 1249.
The full text of these bills, and others, is available at www.floridasenate.gov or www.myfloridahouse.gov and, for those clients of Becker & Poliakoff, P.A., likewise available, with explanations and comments on the Community Association Leadership Lobby website www.callbp.com.
Lisa A. Magill, Esq. is a Shareholder in Becker & Poliakoff, P.A.’s Community Association Practice Group and currently serves as President of the Southeast Florida Chapter of Community Associations Institute.
Past Issues of BHA News
