Condominium reform efforts have gone chilly in Tallahassee, however the class-action go well with over Champlain Towers is heating up — together with a startling assertion by the top of a development crew that labored subsequent door.
Even earlier than legislative proposals to reform rental security post-Surfside died on the doorstep of the Florida Home final month, a response was brewing within the market.
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However the failure by lawmakers in Tallahassee to answer the partial collapse of Champlain Towers South that killed 98 individuals final June has additional infected an exodus of insurers not keen to underwrite insurance policies in an more and more dangerous Florida rental market, in keeping with interviews with {industry} specialists, analysts, lecturers and attorneys.
The retreat by insurance coverage corporations has left the rental associations steering growing older buildings up and down the Miami space shoreline and all through the state to cope with insurers within the lesser-regulated surplus market, for purchasers that may’t get normal insurance policies as a result of the potential loss is unacceptably excessive. How excessive? Within the case of Champlain Towers South, Nice American Insurance coverage Firm introduced it will tender its full coverage limits and extra funds totaling greater than $30 million. The upheaval is translating to huge worth hikes on premiums and swiss-cheese carve-outs for policyholders.
Condominium associations are having a tough time getting their pre-Surfside insurance policies renewed, compelled as an alternative to sift by estimates for much less protecting plans that value twice as a lot, or greater. These fortunate sufficient to resume their insurance policies are doing so at 30% to 50% premium will increase, in keeping with market specialists.
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These value will increase are approaching the heels of latest lending restrictions.
“The place the Legislature failed to supply steering and necessities, the insurance coverage {industry} and mortgage lenders have picked up the slack and ran with it,” mentioned Invoice Sklar, an adjunct professor on the College of Miami College of Legislation and chair of the Florida Bar’s Surfside activity pressure.
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Robert Munchick, a Miami Seaside native who works as an insurance coverage dealer and serves on his rental board, has for years been in control of securing insurance coverage insurance policies for his affiliation to cowl the growing older Mid Seaside constructing on the coast.
Final 12 months, Munchick mentioned, the rental affiliation benefited from a two-year price assure that adopted pre-Surfside renovations: impression home windows, concrete restoration and a brand new roof. However these upgrades solely go to this point after the collapse.
READ MORE: ‘[Bleep] that wall, contractor mentioned when vibrations close to Surfside rental received ‘too excessive’
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The insurance coverage firm Munchick’s constructing used for the affiliation’s primary coverage left the market after Surfside, he mentioned. A number of others have as properly, in keeping with {industry} specialists.
“{The marketplace} is horrible,” Munchick mentioned. “Insurance coverage corporations are selecting and selecting what buildings they wish to insure … corporations won’t wish to write on the ocean anymore.”
Munchick mentioned he had beforehand locked in an umbrella coverage that supplied $25 million of safety for common legal responsibility — primary, slip-and-fall sort occasions that occur in widespread areas— in addition to safety for choices made by administrators and officers. It value the affiliation about $5,000 per 12 months. This 12 months, Munchick mentioned he obtained a $53,000 quote for an annual coverage that had a $5 million restrictonly for common legal responsibility.
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“I’m very pissed off with [state lawmakers,]” Munchick mentioned. “I don’t perceive why they didn’t move a few of these measures … however I’m not stunned.”
Others within the {industry} say they have been stunned. However, as Kyle Ulrich, president of the Florida Affiliation of Insurance coverage Brokers put it, “the non-public market will all the time reply.”
“The businesses that write condominium grasp insurance policies, that market has been troubled for fairly a while — there’s little or no competitors in that market,” Ulrich mentioned. “There might be as few as half a dozen carriers actively writing enterprise within the state of Florida. So when that line has one thing occur to it, an occasion like Surfside, it naturally can spook these carriers, and there will likely be a response to it.”
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Condominium associations are required by state regulation to have enough property insurance coverage, which covers structural injury from issues like storms, wind and hearth injury. Individually, most rental associations have bylaws stipulating different insurance coverage necessities, reminiscent of common legal responsibility, administrators and officers insurance coverage (which protects individuals who make choices for the board), and flood insurance coverage (not lined by property).
The property insurance coverage marketplace for condos in South Florida has been dismal for years, mentioned Ciara Gravier, a Fort Lauderdale insurance coverage agent. However since Surfside, the malaise has unfold to different forms of rental insurance coverage.
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It quantities to a brand new rental tax, Gravier mentioned, an industry-wide response to issues which were postpone for too lengthy.
“We’re now paying for the dearth of repairs within the rental market,” Gravier mentioned.
There are greater than 1.5 million rental items in Florida, and greater than 922,000 of them are already over 30 years of age, in keeping with state knowledge collected by Sklar, the UM professor, for the Surfside activity pressure. Greater than 60% of them, he added, fall in elements of the state that haven’t any upkeep or inspection normal.
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To that finish, the Florida Bar’s activity pressure made suggestions for coverage modifications in 4 areas: inspection and upkeep necessities, in addition to guidelines for extra transparency and non-waivable rental reserves.
The Home and Senate agreed in precept on all however requiring rental associations to replenish their reserves inside a sure timeframe, in keeping with Sklar, with the Home eager to ramp the necessities up and the Senate fearing it will put an enormous monetary pressure on associations, resulting in bankruptcies and insolvencies. Outcome: nothing was adopted.
Regardless of the disagreement on reserves, lawmakers might have nonetheless handed a few of the different measures, reminiscent of inspection necessities and transparency legal guidelines, Sklar mentioned. That, he added, “would have despatched a transparent resounding message to the insurance coverage {industry}” that the Legislature was taking the problem significantly and helped stabilize the market.
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“The failure to move that Laws sends a message of uncertainty, indecision,” he mentioned. “That’s what {the marketplace} doesn’t like.”
Legislators look the opposite method
Lawmakers plan to assemble in Might for a particular session in Tallahassee to cope with a separate disaster involving owners’ property insurance coverage, however for the time being rental charges are usually not on the agenda.
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That the rental points aren’t but being placed on the desk is “very regarding,” mentioned Mark Friedlander, director of communications for the Insurance coverage Data Institute, a nonprofit group.
In response to an evaluation by Friedlander’s group, rental associations are seeing a median enhance for insurance coverage premiums within the 30% to 50% vary, “however we’re seeing many associations get renewals at 100% or extra.”
“These prices get handed alongside to the person house owners,” he mentioned. “They must pay for this protection.”
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Mike Clarkson, president of All Strains/Hilb Group Insurance coverage in Clearwater, an unbiased insurance coverage agent who represents 750 condominium associations all through the state, mentioned that, in his estimation, 9 insurance coverage corporations have exited the state both voluntarily or involuntarily because the Surfside collapse.
“The fallout from that tower collapsing has now modified the rules of what these corporations are doing, and what they’re now doing going ahead,” Clarkson mentioned. “In case you’re over 4 tales and constructed previous to ‘95, they received’t write you a coverage. Simply flat and easy: these are their new tips.”
Clarkson mentioned these forms of restrictions are driving house owners’ associations “into the mercy of the excess strains” — out-of-state insurance coverage corporations that don’t have to get their charges accepted by the state of Florida, leading to greater prices.
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These corporations are solely keen to jot down sure quantities of protection, Clarkson added, that means that associations could have to purchase a number of insurance policies and “layer” them on prime of each other.
“That’s why the price of all the things goes up a lot,” he mentioned.
The brand new realization of threat post-Surfside comes on prime of issues about doubtful insurance coverage claims and hurricane publicity. There have been billions of {dollars} price of claims prior to now few years even and not using a main hit from a storm, Clarkson mentioned.
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READ MORE: After Surfside collapse, Miami-Dade drafts reforms that fall wanting suggestions
“You are taking these two, mix it with the politicians who did completely nothing, that’s known as a recipe for the proper storm,” Clarkson mentioned. “And that excellent storm is: If we now have any type of [hurricane] hit to Florida this 12 months, we could not have anyone left.”
‘Uninsurable’
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Spiraling prices and tighter restrictions in each the insurance coverage and lending industries have led to a brand new worry that some significantly troubled rental buildings will likely be uninsurable.
Firms are going to be demanding inspection and monetary information — and even assembly minutes — to find out how a lot threat is in any given constructing, specialists instructed the Miami Herald.
“Unit house owners are going to be caught between a rock and a tough place when inspections present that substantial work must be accomplished,” mentioned Ulrich, head of the Florida insurance coverage brokers’ group. “They are going to be in a state of affairs of both being uninsurable in the event that they don’t do the repairs, or do the repairs, and there will likely be a somewhat giant evaluation on each proprietor.”
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Ulrich predicted that, when there isn’t a market left in any respect for a sure variety of buildings, “that may develop into a query that the Legislature should cope with.”
Sklar, the UM professor, mentioned that the market’s response to the Surfside tragedy and Tallahassee’s ambivalence towards it has revealed a “evident set of omissions” in terms of how rental associations are allowed to conduct themselves.
“They’re not professionally ruled. They’re left to the well-intentioned voluntary boards of administrators,” Sklar mentioned. “That’s why lenders and insurers are operating away from this sector of {the marketplace}. They can’t cope with it being left to likelihood.”
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This story was initially revealed April 25, 2022 7:00 AM.
Associated tales from Miami Herald
Ben Conarck is a reporter masking the coronavirus pandemic for the Miami Herald. He joined as a healthcare reporter in August 2019. Beforehand, Conarck was an investigative reporter masking legal justice at The Florida Occasions-Union.
OLDSMAR, FL—Florida-bred Shivaree’s best days on the track are behind him. But at the start of each day, owner-trainer Juan Arriagada senses the 7-year-old gelding’s passion and desire and enthusiasm for being a racehorse remain intact.
“If you saw him on the walker, you would never know he’s about to turn eight,” Arriagada said. “He looks like a 3-year-old in the morning. Around the barn everyone calls him ‘Abuelo’ [grandfather], but he’s a very kind horse with a great attitude.”
Shivaree, who won Saturday’s fifth race with leading Oldsmar jockey Samuel Marin aboard, has won four stakes, including back-to-back editions of the Florida Thoroughbred Breeders’ and Owners’ Association Florida Sire Stakes Marion County in 2020 and 2021 at Tampa Bay Downs. As a 3-year-old in 2020, he finished second in the Grade 1 Curlin Florida Derby and the Grade 3 Swale, both at Gulfstream Park.
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The chestnut son of Awesome of Course out of Garter Belt, by Anasheed has career earnings of $606,766. He was bred in Florida by Jacks or Better Farm Inc.
Arriagada, who claimed him for $8,000 out of a starter optional claiming race on Aug. 29 at Delaware Park, has run him three times at the current meet, each time in claiming company.
But just because he is offering him for sale doesn’t mean he hasn’t become attached to the gallant and giving athlete.
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“Everybody likes him. My wife [Alison] likes to gallop him and the groom loves being around him,” Arriagada said. “I just have to be careful not to train him too hard. He’s an easy-maintenance, classy old horse who is pretty sound for his age and cool to be around.
“The way he is, I think a young girl who is into jumping or showing would love to have him. So I’d like to see if we can win a couple more times with him here at Tampa and then try to find him a new home. He’s not the horse he used to be, but he has a lot of class and he deserves a chance [at another career].”
His first two races at the current meet resulted in fifth and fourth-place finishes at sprint distances and Arriagada thinks stretching him out to a mile-and-40-yards Saturday was the key to his front-running, three-and-three-quarters-length victory.
“I think he wants to go longer. He broke sharp today and kept going, and when [Marin] hit him at the quarter-pole, he made a strong move.”
Perhaps most tellingly, you didn’t have to be a horseman to know that Shivaree was feeling proud of himself in the winner’s circle and while Arriagada hosed him off before the walk back to the barn. In that sense, Abuelo still has it.
(WSVN) – If we told you this all happened in one area, you might say no way. Sued by a police officer who tripped on your property? Fined a million dollars by the city? All of it, and more, happened in South Florida, and it’s why we bring in Help Me Howard with Patrick Fraser.
Only in South Florida can you get out of the car to help your daughter unload her luggage and be breaking the law.
Matthew Zifroney: “Popped the trunk, I took one of her bags out, walked it over to the curbside, dropped the bag off.”
When Matthew walked back to his car at Fort Lauderdale-Hollywood International Airport, he was met by a Broward Sheriff’s Office deputy.
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Matthew Zifroney: “And the officer said, ‘Why didn’t you respond to me when I was screaming out, who owns this car?’ And I said, ‘I’m real sorry, I didn’t hear you, I was 10 feet away, helping my daughter.’”
Ten feet away from his car, but the officer said he abandoned the vehicle.
Matthew Zifroney: “He said, ‘Ticket em,’ and I said, ‘Ticket me? Because I didn’t hear you call out for me?’ And he goes, ‘Yep, you’re being ticketed.’”
Matthew is an attorney and decided to fight the ticket. He told his side. The hearing officer’s conclusion?
Matthew Zifroney: “And she said, ‘Thank you. I’m confirming the ticket.’ And I said, ‘You’re confirming the ticket? I didn’t do anything wrong.’ ‘Sir, I’m confirming the ticket.’”
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As we watched the hearings again and again, we saw people who got citations for unloading luggage at the curb. Listen to the hearing officer’s conclusion.
Woman: “I was taking my mother’s suitcase out of the car, back of the car and dragging it to the curb.”
Hearing officer: “You cannot leave the vehicle, even by one foot, to take it inside. OK?”
One foot out of the car, even though an ordinance does allow “loading or unloading of passengers or luggage.”
Howard’s conclusion?
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Howard Finkelstein, 7News legal expert: “The code seems to indicate that the officers and hearing officers are wrong and misinterpreting the code, because you have a right to take passengers and the luggage to the curb.”
Last week, I emailed the hearing officer. She didn’t respond.
BSO said they only ticket abandoned cars, but Matthew said he was 10 feet from his car when he got the violation for abandoning the vehicle.
Matthew Zifroney: “A lot of people out there that are going to do what I did, that are doing nothing wrong, and they’re going to get tickets. I’m hoping that by me speaking out, we put a stop to that.”
We will see, Matthew. And from the “Only in South Florida,” meet Richard, who unfortunately has a problem with a Miami Police officer.
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Richard Garcia: “My daughter said he just fell and went to the ground next to the pool table.”
The Garcias had called 911. Police and fire rescue responded. In their house, they have a pool table in a room you step into.
The officer, Miguel Angel Mercado, said he hurt his wrist when he fell on the floor.
Richard Garcia: “No, it didn’t look serious, it didn’t look serious. I mean, he was fine. He was doing everything else.”
But the officer is suing the Garcia family for over $100,000. Howard says he will lose, because the sunken living room is easy to see, but the court battle is the real pain to Richard.
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Richard Garcia: “I felt kind of betrayed. I mean, you call rescue in the City of Miami to come to your house, and they turn around and they sue you because they weren’t paying attention?”
Speaking of feeling betrayed, Denny can sympathize.
Denny Dorcey: “It’s like having a bomb dropped on me. I just couldn’t believe it.”
Denny lives in Oakland Park and was notified the city was fining him $1,097,400 for violations that occurred before he bought his house.
Denny Dorcey: “Petty things like overgrown weeds, trashing the carport.”
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The city waited 10 years to notify Denny about the prior owners’ violations, allowing the fines to grow $1 million-plus.
Denny Dorcey: “Devastating, wiped out. I felt like I was dead, but I was still alive.”
We contacted the city, pointed out that since Denny bought the house in foreclosure, that wiped out the lien and the fines.
The city agreed, and the $1 million penalty was eliminated.
Denny Dorcey: “Without you guys, they would have destroyed my life completely. There’s no doubt in my mind.”
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Denny can restore cars, cabinets, you name it. We restored his faith in people.
Denny Dorcey: “Thank God. Thanks to you — Howard, Channel 7 News and Help Me Howard, man. You guys are like my guardian angels.”
Thank you, Denny, but I think the only person who called us holy was looking at our jeans.
Since Denny’s story aired, we have heard from more people in Oakland who said they got letters claiming they owed enormous sums of money for old violations. It’s not going to be a merry Christmas for a lot of Oakland Park homeowners.
Dealing with some bad luggage? Need somebody to police things for you? Don’t sue. Contact us. We don’t have a million ways to help you, but we only need one.
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With this Help Me Howard, I’m Patrick Fraser, 7News.
CONTACT HELP ME HOWARD: Email: helpmehoward@wsvn.com Reporter: Patrick Fraser at pfraser@wsvn.com Miami-Dade: 305-953-WSVN Broward: 954-761-WSVN
Copyright 2024 Sunbeam Television Corp. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.
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The transfer portal continues to generate moves in the NCAAF, even now during crucial moments for the season’s conclusion. The Texas Longhorns, led by Steve Sarkisian, surprisingly lost one of their WRs this fall, who was a key piece alongside Quinn Ewers and Arch Manning. All signs point to his destination finally being Gainesville, where he would join Billy Napier’s Florida Gators.
Johntay Cook arrived at Texas in 2023 from DeSoto High School and, during his time with the Longhorns, became an important player on the offense. However, surprisingly, he decided to leave the program and, after several meetings, could end up with the Gators to help DJ Lagway have a great campaign next season.
The news was reported by Pete Nakos on On3’s, who made it clear that while nothing is confirmed, all signs point to Cook continuing in the SEC next year, specifically wearing the Florida Gators’ jersey.
“Coming off trips to Florida and Washington, the momentum sits with the Gators as Johntay Cook was able to spend one-on-one time with true freshman star DJ Lagway,” Nakos said. “I’ve logged a prediction for Cook to land in Gainesville.”
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Johntay Cook II 1 of the Texas Longhorns warming up before the game vs the UL Monroe Warhawks at DKR-Memorial Stadium.
Cook ends his Longhorns career with just 16 catches for 273 yards and two touchdowns across two seasons. If his move to the Gators is confirmed, the WR will face his former team on October 4, 2025, in Gainesville.
Sarkisian doesn’t want to repeat mistakes in the matchup against Arizona State
On January 1st, the team lead by Quinn Ewers will face the Arizona State Sun Devils in a Peach Bowl matchup. In this high-stakes game, head coach Steve Sarkisian knows they must minimize the margin for error following their recent games against Georgia and Clemson.
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“We had a real come to Jesus meeting after the SEC Championship game when we essentially lost that game because of the penalties,” Sarkisian said to the press. “We just said we’re not going to do that anymore, and we’re going to play as clean football as we can play, as fundamentally-sound football as we can play. Still be aggressive. We never want to lose our stinger, we never want to lose our aggressiveness, but we can play smarter.“
“I critiqued one of the penalties that we got today, you can’t hit the quarterback late, and that was one of our two penalties Saturday,” Sarkisian said. “So we are continually trying to preach playing smarter football as well as playing hard and playing tough and playing physical. But quite frankly, that just came out of a come to Jesus meeting coming out of the SEC championship game.”
Texas head coach Steve Sarkisian looks on during the first half of the college football game between the Texas A&M Aggies and the Texas Longhorns on November 30, 2024 in College Station, Texas.Texas head coach Steve Sarkisian looks on during the first half of the college football game between the Texas A&M Aggies and the Texas Longhorns on November 30, 2024 in College Station, Texas.
Zac Swanson seeks redemption against the Horns
When the Longhorns face the Sun Devils on January 1st, they will see many familiar faces on the opposing team. One of them is none other than Zac Swanson, who once wore the Texas colors and left the program under unfavorable circumstances.
When asked about the situation where Swanson will face his former team, he didn’t hold back in his response: “That’s my dream…That’s a team that kicked me out,” Swanson said. “They said if you want to stay at Texas, you might as well quit football and just go to school here. So, a lot of motivation there for me.”
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Rather than wanting to confront, Sarkisian spoke to the press and expressed his happiness that his former players could be part of this great game: “For them to be in the quarterfinals of the CFP, I’m really happy for those guys,” Sarkisian said. “Our players were talking about it today, so and so, you know that name started popping up again today. I do think that’s the era of college football where we’re at now.”