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This Week in South Florida: David Haber

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This Week in South Florida: David Haber


PEMBROKE PARK, Fla. – The ink was hardly dry on the governor’s signature when the costs of Florida new condo laws became real, and a real worry for so many homeowners in condominium buildings.

Many are facing tough, life-changing decisions.

David Haber is one of South Florida’s leading attorney’s in condo and construction law. He is on the front lines with homeowners associations.

Haber joined This Week in South Florida host Glenna Milberg to discuss, and their conversation can be seen at the top of this page.

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Florida condo owners look at higher costs as new regulations take effect in the new year

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Florida condo owners look at higher costs as new regulations take effect in the new year


MIAMI (AP) — Florida condominium owners are looking at higher costs from condo associations in the new year, a consequence of a safety law passed by state lawmakers in 2022.

It requires associations to have sufficient reserves to cover major repairs and to conduct a survey of reserves every decade. Because of the law, older condos — found largely in South Florida, according to state records — are facing hefty increases to association payments to fund the reserves and repair costs.

Gov. Ron DeSantis signed the law in response to the partial collapse of Champlain Towers South, which killed 98 people in Surfside in June 2021. New regulations require condo associations for buildings with three or more stories to file an inspection report focused on structure, maintenance and expected costs for repairs or renovations by Dec. 31.

The report is just a small sector of the large-scale issue in Florida’s condo and property insurance crisis. A May report from the Florida Office of Insurance Regulation noted that the average homeowner’s insurance premium is approximately $3,600, about $1,000 more than the national average, according to the National Association of Realtors.

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In Hallandale Beach, condo owner Kelli Roiter sympathizes with people having trouble paying the higher fees, but she said she supports rules requiring associations to maintain reserves for repairs if it means her oceanfront building — built in 1971 — gets the repairs it needs.

She said her building, a few miles from Champlain Towers South, is showing some of the same problems that were visible before that building collapsed.

“I’m concerned that this building will collapse,” Roiter said. “There are nights I wake up hearing a creak, and I jump. And then I remind myself that, no, no, no, we’re safe. But am I safe?”

Rick Madan, president of the Biscayne Neighborhoods Association, which represents 22 condo associations, said the law is bringing condo owners strife by forcing buildings to take full coverage and bringing forth a blanket solution that doesn’t holistically address the crisis.

Madan said the law puts newer condos in the same category of needing reserve funds, inspection reports and recertifications as much older buildings at the expense of the condo owners.

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That’s especially tough for people who retired in South Florida on fixed incomes, Madan added.

“You’re making us do all these reserve studies. You’re making us fund our reserves more, so we have to come up with more money,” Madan said of the Florida Legislature. “On top of that, you’re not giving us any flexibility on the insurance side where the insurance companies are basically making so much profit because they write a policy for $100 million, which they know they’ll never have to pay a claim on.”

Democratic State Sen. Jason Pizzo, who represented Surfside at the time of the collapse, said he agrees with Madan’s point about property insurance.

Pizzo and state Sen. Jennifer Bradley, a Republican, held a condo summit in early December where he warned of transparency among associations about the required projects for repair costs to prevent structural damage.

Pizzo told The Associated Press it is important for associations to have that transparency with condo owners to ensure that the rising payments are truly related to repairs and not to amenity costs, and that it is done within a reasonable timeframe for residents’ safety.

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He said it’s understandable to worry about anticipatory costs but that is why objective inspections of older buildings are necessary.

Nearly 90% of the 1.6 million condos in Florida are more than 30 years old, and Pizzo said it is concerning that they haven’t had critical inspections.

“They’re going to get a milestone inspection, and they may find some immediate repair or replacement requirements as a result of it,” Pizzo said. “That’s not really by operation of law. That’s by operation of common sense.”

Luis Konski, a Miami attorney who deals with construction and commercial liability cases, said previous condo regulations kept fees low by failing to save money for future repairs, and then owners were hit with special assessments when repairs finally needed to be done. Konski said this encouraged many associations to ignore necessary but expensive maintenance, which is what likely led to the Surfside building collapse.

He said he’s not sure whether the state has committed enough staff to actually make sure associations are following the new rules. Pizzo echoed similar concerns, saying the state’s Department of Business and Professional Regulation might require legislative changes so it can start reviewing structural integrity and inspection reports while continuing to regulate all parts of business in Florida, including licensing and enforcing rules.

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Konski said that if associations can continue to delay maintenance with inaccurate surveys and minimal oversight, it’s only a matter of time before another disaster.

“It’s a question of do you save money or do you save lives?” Konski said. “You can’t do both.”

Real estate agent Rebeca Castellon, who owns a condo in Coral Gables, said she agrees with the idea of requiring condo associations to maintain reserves for future repairs but acknowledges that the timing is bad when the increased fees are combined with higher insurance costs and recent inflation.

“I think part of the challenge is that right now there is tsunami of things that are really making it very challenging for condo owners,” Castellon said.

The condo market has cooled with the uncertainty created by additional fees and regulations, but Castellon said condos are still the most affordable form of home ownership and the new regulations will just give buyers more information going forward.

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“I would not be surprised if in the future buyers are going to demand to see the structural inspection that the towers are going through right now and take that into consideration, as far as whether or not that’s the right property for them to move forward and put an offer,” Castellon said.

Real estate agent Gatien Salaun, who owns a waterfront condo in Miami Beach, said what appears to be a recent reduction in average sale prices is largely just buyers negotiating with sellers to eat some of the costs.

“They are simply asking for price reductions that are commensurate with that exact amount that they will have to pay over the next 20 years, 30 years in assessments,” Salaun said. “And the sellers are somewhat stuck in terms of negotiating with the buyer or just paying for the cost themselves.”

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New Year's drone show in Central Park canceled after Florida disaster

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New Year's drone show in Central Park canceled after Florida disaster


CENTRAL PARK (WABC) — A New Year’s Eve drone show in Central Park has been canceled, according to the New York Road Runners.

Not because of the local drone scares, but rather because it was being produced by the same vendor who was blamed for a disaster at a drone show in Florida.

Several drones that were part of a show in Orlando collided on Saturday night. A boy was hit and hospitalized.

NYRR had hired the company for a display in the park as part of a midnight race.

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“As always, we are working to ensure that runners have a memorable time as they ring in 2025 at our festive NYRR Midnight Run on New Year’s Eve in Central Park. Unfortunately, due to circumstances out of our control, we will no longer be staging our planned drone show during the race,” the NYRR said in a statement.

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Florida-bred Shivaree Rekindles Not-So-Distant Memories – FTBOA

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Florida-bred Shivaree Rekindles Not-So-Distant Memories – FTBOA


BY TAMPA BAY DOWNS PRESS OFFICE 

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.

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Return to the December 26 issue of Wire to Wire



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