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Based on that gap, the report found that the Champlain South board was at “high risk” of “special assessments & deferred maintenance.” About a year after receiving the report, the board moved in April 2021 to levy a $15 millionspecial assessmenton condo owners to raise money needed for repairs.
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“I just wish they had hired us five years or 10 years or 20 years prior,” he said of the Champlain South condo board.
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“We should have a lot more money in the bank for lenders to be comfortable,” the presentation stated. “We have not done reserve studies or set enough reserve money aside to prepare for this day.”
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Peter S. Sachs, a Florida attorney who specializes in condominium law, said the report shows the board tried to “do the right thing” by obtaining a thorough analysis of its reserves. But he said it also reveals how “prior boards may have been asleep at the wheel or unable to overcome political resistance from the unit owners” to raise money for maintenance.
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Florida law already mandates condo associations keep reserves for repairs that cost more than $10,000, but a majority of owners can vote to waive that requirement, legal experts in the state said.
In 2008, the state passed alawrequiring condo associations to conduct reserve studies at least every five years. But that rule wasrepealedin 2010 amid criticism from some real estate lawyers and property managers, NBC NewsreportedThursday, and regular studies are no longer required.
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“We are in the budget business, not the safety business,” he said. But if the board had conducted an earlier budget study and moved more quickly to raise money and conduct repairs, he said, it could have possibly meant “preventing a tragedy.”
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