Miami-Dade condo building's needed repairs frustrate residents, put state regulations in spotlight
MIAMI -- Residents in Hialeah have shared their concerns about their living conditions with CBS News Miami.
Residents at Venetian Gardens at Country Club of Miami met with CBS News Miami to hear more about their frustrations and concerns, where building after building appeared to be in various states of disrepair.
Reporter Joe Gorchow asked, "Do you feel safe living here?"
"Not really," responded Alexandra Ferrales, who lives at one of the homes at Venetian Gardens.
Ferrales said she is not sure how much time her community has before she feels Miami-Dade County will have to step in to force them out for repairs. The county's website lists seven unsafe structure cases at the Association.
The county tells CBS News Miami it knows and is actively monitoring the Association.
Frustrated residents speak out
"How are we like this," asked Ferrales, observing a hole in one of the hallway ceilings. "They can't do anything right."
The "they" Ferrales is referring to is the association leadership for the community of 21 buildings.
CBS News Miami contacted the board president and property manager multiple times about the open cases, needed repairs and the community's current condition. They have yet to respond.
"Look at this patchwork," said Ferrales, pointing to more buildings that appear to be in disrepair. "Look at the ceiling and the cracks in it. It's going to fall."
We see more evidence of disrepair at a neighbor's home. The outside hides what's on the inside: a gaping hole in the ceiling and containers underneath it to catch water.
In Ferrales' unit, she provided a video from a few years back showing water flooding the kitchen after a bad storm. Now, a plastered wooden board outside they installed keeps it out.
"If you own these properties, at the end of the day, this is your investment," Ferrales said. "You should care enough about it. Something should have been done a long time ago."
Ferrales and other residents tell CBS News Miami they seek greater clarity about why their association dues dollars don't add up to faster repairs.
Additional HOA reform needed in Florida?
Help might be on the way soon.
"Our office sees hundreds, hundreds of these complaints," said Miami-Dade County State Attorney Katherine Fernandez Rundle, speaking generally about homeowners' associations and condo associations. "You have to start with teeth in the law, right."
She says the current state statutes limit law enforcement from addressing other concerns raised by homeowners statewide, including investigating or ensuring transparency in board elections and obtaining financial records.
"We really want to see alignment so that elections, transparency, records, record keeping, failure to turn over records, and all of these things will have built-in consequences," Fernandez Rundle said.
In Tallahassee, lawmakers are working on it during this legislative session.
"This year, we're going to focus on governance and regulation," said Republican State Rep. Vicki Lopez. "We heard a lot of complaints about not being able to access records."
Lopez worked on condo association reform with State Senators. Jason Pizzo and Jennifer Bradley.
Under the proposed bill, the Department of Business and Professional Regulation will be granted jurisdiction to hold bad actors accountable.
Gorchow asked Lopez if the proposed bill would give DBPR authority to have those board members removed.
"Yes," answered Lopez. "If you can't act as a responsible condo board member, DBPR will have the right and authority to remove you. The bill does say all suspected criminal activity to law enforcement. With any criminal charge, you have to prove intention."
Current state statutes do not allow DBPR to remove board members for violations. The current guidelines only provide for fines for the association or offer legal opinions on election issues.
The proposal would mandate that associations hold at least four meetings annually. Board members must disclose conflicts of interest, for example, hiring a company a family member owns to maintain the grounds. Upload all Association records online, and DBPR will audit those websites annually, along with the meetings.
HOA dues irk some residents at complex
Meanwhile, back at Venetian Gardens, Ferrales says monthly association dues are over $700.
Other unit owners who spoke to CBS News Miami told us the same. If each unit owner paid on time, the Association would collect around $2.4 million annually.
"To look like this, there's no explanation for why our money is being mismanaged," Ferrales said
Again, the board president did not answer our questions about the budget and fixing repairs, like Ferrales' neighbor's bedroom ceiling, which collapsed to the floor.
Gorchow asked Ferrales if she felt she had good accountability about how the money is used to fix the visible damage spotted at the association.
"No," replied Ferrales. "Not at all."
The Association leadership at Venetian Gardens did not respond to repeated attempts for comment.
A similar bill is on the table at the State House level to enforce transparency and accountability in homeowners' associations. Lopez says they will provide funding to increase staff for DBPR to help keep associations accountable and protect residents.
