Condominium law experts say tragedy will prompt more accountability

SURFSIDE, Fla. – Search-and-rescue teams hadn’t lost hope on Tuesday. More than 150 people remained unaccounted for after a portion of a 12-story building turned into a compact mountain of pancaked concrete in Miami-Dade County.

Gov. Ron DeSantis warned it could take years before investigators determined the cause of the Champlain Towers South tragedy early Thursday morning in Surfside.

Experts said they won’t be surprised to learn that the alleged dysfunctional dynamic of the Champlain Towers South Condominium Association board was to blame for the beachfront collapse at 8777 Collins Ave.

“In a condominium, everybody is a shareholder and everybody has an opinion,” said David Haber, a Miami-based attorney who specializes in condominium law.

All of those opinions can get in the way of getting things done especially when needed repairs are costly. Boards and unit owners have the ability to waive or vote against making payments into a reserve fund — often times until it’s too late.

“Essentially they’re kicking the can down the road for someone 20 years later to pay the piper,” said Haber, the managing partner of Haber Law in Miami’s Wynwood.

Board members are elected and often hesitant to impose unpopular fees on owners — which could affect the market value. Haber said that’s something that really shouldn’t be up to the board to decide.

“For anything that’s life safety, structural, fire, electrical mechanical, I don’t think you ought to be able to waive reserves, so I think they’re going to need to change the law on that,” Haber said.

At Champlain South, an engineer warned about major structural issues in 2018 and the president of the condo association warned residents in April the problems were worsening. Their approval of $9 million for repairs increased to $15 million.

“No one thinks it would get to the point where an entire building would collapse, but these are really important structural issues that a lot of associations tend to look over and let the next board address,” said Alessandra Stivelman, a Hollywood-based attorney who specializes in condominium law and is a partner at Eisinger Law.

Experts believe there will be lessons learned once more light is shed on the cause of the tragedy in Surfside. Haber believes engineers and local governments need more authority to hold buildings accountable on repair timetables.

“Change the law so when engineer writes that report it gets filed immediately with the building department and the clock starts ticking,” Haber said.

Complete coverage

• HOW TO HELP: Here’s a list of resources to support those impacted by building collapse
• Photos: Loved ones name those they say are missing
• Photos: Search-and-rescue teams in action
• Photos: Building in Surfside partially collapses
• Hotline and wellness form for residents and families

Coverage on Tuesday

• ‘Something inside me said run’: Surfside survivor describes escaping as building came down
• Surfside resident lucky to be alive after spending night with girlfriend
• Champlain condo associations try to appease sister towers residents, speed up repairs
• Miami-Dade building audit already spotting issues
• Army of volunteers showers first responders with food, water
• Rescuers battle obstacles during their search in Surfside
• Recently married lawyer and husband missing in collapse
• Renowned civil engineer hired to investigate
• Families of Surfside victims keep hope alive by visiting condo and unifying in Bal Harbour
• Prosecutors will ask grand jury to probe building collapse
• ‘Our backyard’: Tragedy strikes home for Miami-Dade rescuers
• Biden to visit Florida building collapse on Thursday
• In collapsed building’s twin, most residents are staying put
• Surfside realtor says deadly building collapse ‘hasn’t slowed down the demand’ on beachside condos
• Beachside vigil held for victims and families of Surfside building collapse

Coverage on Monday

• Another body pulled from rubble in Surfside, bringing the total confirmed dead to 10
• Residential property audit announced by Miami-Dade mayor already underway
• Buses take loved ones of missing Surfside residents to collapse site
• 8 victims now identified following Surfside building collapse
• 88-year-old Surfside condo survivor remembers those who helped her to safety
• ‘Don’t give up hope,’ local leaders tell families of Surfside missing
• Watch out for Surfside charity scams and price gouging
• Despite warning, town deemed condo building in ‘good shape’
• Mayor: Child alone outside collapse site brings tragedy home
• Who are they? Stories of the victims of Surfside collapse
• What caused Surfside collapse? Engineer offers insight
• ‘I will miss you all my life:’ Father pens beautiful note to late son who died in the Surfside condo collapse
• Memorials grow in Surfside as desperate search for victims continues into fifth day
• Surfside collapse is ‘wake-up call,’ DeSantis says as questions remain about cause of devastating collapse

Coverage on Sunday

• State fire marshal provides insight into efforts to locate victims while fighting fire
• Team of national scientists to visit Surfside collapse site
• Teams use sonar devices, lasers to aid in Surfside rescue
• Several families belonging to Miami Beach church remain missing, parishioners gather to pray and hope
• Neighboring residents express concern as investigation into Champlain Towers South collapse continues
• Buses take loved ones of missing Surfside residents to collapse site
• Remembering the dead and missing
• Search-and-rescue teams tunnel through pancaked concrete 3 days after building collapse

Coverage on Saturday

• Relative of Surfside building collapse victim lashes out at DeSantis for not ‘doing enough’
• Surfside building collapse: Four out of 5 dead identified; 156 remain unaccounted for
• Missing grandparents’ landline calling from Champlain Towers South condo, family says
• Surfside tower had ‘major structural damage’ — but enough to cause a collapse?
• North Bay Village police chief’s mother has been unaccounted for since Surfside building collapse
• ‘The hope is that there are going to be miracles,’ relative of Surfside building collapse victims says
• Fire burning beneath rubble of collapsed Surfside condo hindering rescue efforts
• Surfside building collapse first responders having difficulty locating victims in massive debris pile
• Miami-Dade Mayor: ‘I’m hopeful this will be the day we have a breakthrough’
• Surfside mayor expresses concern over Champlain South’s identical sister building
• Traffic changes in Surfside area as rescue efforts continue following deadly building collapse

Coverage on Friday

• Champlain Towers South resident survives by climbing through rubble in the dark with her dog
• Teen identified after being pulled from rubble in Surfside, family confirms mother is among those dead
• Man who lives in condo looks out, tells wife ‘My parents’ apartment isn’t there’
• Surfside collapse: Family reunification center moving from community space to hotel
• First lawsuit filed after partial building collapse in Surfside
• Smoke billows out from Champlain Towers South collapse site
• Surfside officials discuss aftermath of building collapse: ‘Terrible tragedy’ to change recertification
• Israel sends help to Surfside’s Jewish community
• Amid anguish after building collapse, memorial, prayer circle help some cope with Surfside tragedy

Coverage on Thursday

• Officials fear there will be many casualties after Surfside building ‘pancaked’ during collapse
• Surveillance video captures eerie moments as part of Surfside condo crashes down
• Man says all he saw was ‘white clouds of dust’
• Father remains missing; wife and daughter hospitalized after Surfside building collapse
• Surfside condo that collapsed was going through a recertification process
• After Surfside collapse do you need to worry about your building?
• Officials fear there will be many casualties after Surfside building ‘pancaked’ during collapse
• Geologist warned of instability in Surfside