Toxic Mold At Berkeley South DBPR

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Sunday, February 22, 2009

Toxic Mold At Berkeley South DBPR case#2008062838

By Professor

http://agwiii.blogspot.com/2009/02/toxic-mold-at-berkeley-south-

dbpr.html

This could happen to you. This is an open letter to Governor Christ,

Mayor Naugle, Mayor-elect Seiler, and Fort Lauderdale Code

Enforcement, from a Unit Owner at Berkley South who has been

suffering from toxic mold since Hurricane Wilma.

She has done all of the right things, and yet three years have

passed, and her windows have not been repaired, and she continue to

suffer from the effects of toxic mold.

On February 18, 2009, I spoke in person with Governor Christ, at the

Galt Community Center concerning the lack of guideline and

regulations for maintenance and repairs for common elements 718.113

(1).

You told me that you would look into the situation (windows etc.) at

Berkley South and would be writing to me (and Berkley South) soon. I

appreciate your empathy about the remarks in the Dept DBPR letter I

received last month where it stated, " the fact that the association

has sought to address the damaged done to the windows during

Hurricane Wilma (although not to your satisfaction) does not support

a violation of section 718.111(11)(d) " .

I asked how the condo can be held blameless with unlicensed workers

with no permits and having glass put in my window frames that leave a

¼ inch gap that you can stick a legal size envelope through the ill

fitting glass that is not large enough to meet the frame.

It's been raining through my windows going 3 years now as my place is

full of Stachybotrys mold - producing powerful mycotoxins making my

family and self sick from the mold/moisture issues due to their

improper attempted repair of the damaged frames and window (there was

no inspection of their work because they did not pull a permit and

there is nothing to code about this mess). This type of addressing is

not to anyone's satisfaction. The Mayor also promised me that the

lack of guidelines/ definitions of proper maintenance would be

investigated as well. (We - governor - mayor & self were being filmed

by several TV crews as we spoke to each other).

Since writing to the DBPR my association sent up (while I was gone)

a " window repair person " for an estimate who put more bathtub caulk

on my windows, which still leak and flap in the strong wind held

together with bath tub caulk, scotch tape and ill fitting glass as my

unit overlooks the pool and faces the ocean).

The board told me that they were allowed to repair without permits –

licenses and could do said repairs any way they choose. Who regulates

and why are they not subject to the same laws we are? Owners should

not be forced into litigation over improper maintenances of common

elements in their unit. Scotch tape does not cost that much unless

it's red tape.

I have had estimates from licensed glaziers for proper work. The

management at Vico windows said caulk (at best) is only a

temporary " fix " and not a proper or long lasting repair for moisture

issues stemming from the hurricane wind damaged frames nor was it an

acceptable repair for the holes drilled in the frame by condo. For

proper permits and to pass inspection the whole window units must be

replaced. Their estimates state that permit and engineering is extra.

I am just the tip of the iceberg as many condominiums across our

great state have issues with maintenance to the common area being

done by unlicensed workers with no permits.

Recently the building inspector ordered my outer walls to be removed

as the association hired without a permit an unlicensed man to

remediate the moldy outer walls – there was no proper containment –

now mold is all through my air ducts and furnishing – the walls have

been down again since November – I have been on strong antibiotics

because I am sick from mold and severely asthmatic.

I was lied to about them having a permit, I was lied to when they

said he was a professional remediator, I was lied to when they said

they would get my window and walls fixed. I have waited 3 years in

this damp hazardous moldy environment with my and my children's

health at risk. We cannot afford to do anything because the

maintenance fees are high, assessments' are high, housing value low

and I am (disabled from a MVA) on a fixed income.

There are many in Florida on a fixed income with no clout to fight

with associations & management. The permit & code enforcement unit is

only able to cite the unit owner and bring the owner before the

magistrate for things such as the dangerous windows – they cannot

site the association or the management for the improper work (because

they did not pull a permit).

We have no say in the level of repair or maintenance of the common

areas of our unit however we are held liable for the improper work

done. No one holds the management or association liable – not the

code enforcement, not the dept of BPR and not the State statues.

As long as management/ associations are allowed to sneak in

their " repairs " and have no liability – then we, the unit owners,

will continue to suffer and get very little for the tens of thousands

we pay in assessments and maintenance.

Cordially, C. Carr

CC to NBC & CBS

Posted by Professor at Sunday, February 22, 2009

1 comments:

Professor said...

Friends, this is what happened to my apartment and that of Len

Champagne during Hurricane Wilma, although not as severe. In our

cases, Southpoint collected the insurance money and then refused to

repair our windows.

February 22, 2009 2:11 PM

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