Florida

Woman Living Without A/C Frustrated at Condo Association

Maria Figueroa feels trapped in her bedroom.

"I have to have breakfast, lunch and dinner here," she said.

She uses a portable A/C unit in her bedroom to make it bearable. The temperature in the rest of her condo hovers at 87 degrees.

Her condo building has not had air conditioning for months.

"I’m honestly at the point where I’m willing to just close up shop and let it all go," Figueroa said.

She’s willing to leave behind the condo that she’s owned for 15 years at Fourth Horizons Condominium Complex in Miami because of the ongoing problem with the air conditioning.

The attorney for the condo board association says they’ve tried to fix the problem but haven’t been able to. According to the attorney, the A/C units rely on an old well-water system to run. They say the water has mud and dirt in it that clogs and shuts down units like Maria’s. The association dug two more wells to try to fix the problem but say both collapsed.

"They think by putting a temporary Band-Aid on the problem, it’s going to be a long time solution and it’s not," Figueroa said about the attempts.

The condo association board’s attorney said it’ll cost $100,000 for a permanent fix. But the association doesn’t have the money. The current board is a new one and the attorney say it’s a problem they didn’t create but it's one they want to fix as soon as possible. Through the attorney, the board sent a statement that reads: "the association for many years chose to patch repair the air conditioning system which was less expensive than a replacement, while at the same time not saving funds to pay for a long term replacement."

Real estate attorney Juan Perez, who is not connected to the condo association, says state statute requires condo associations set aside money for major repairs.

"It’s like a home emergency fund," Perez said.  "When something goes bad, you have to have it set aside."

The Fourth Horizons Condominium Association didn’t have money held in reserve.

Florida’s law allows boards to vote to not collect reserves which Perez says is common.

It’s why he believes Figueroa’s situation is a lesson to anyone to ask plenty of questions about money to your association before you buy.

"If something goes bad, is there enough money to cover it? Because if not, surprise. You’re going to get a special assessment for a large amount of money," Perez said.

In July, a Miami-Dade building inspector issued a violation to Figueroa’s association giving them until October 3 to get things in working order. We’re told the board has submitted plans for a permanent fix. But the condo owners have not yet voted on a special assessment that would be needed to pay for it.

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