“People Love living on the beach here, they love sunny South Florida, but that’s the worst thing for a building.” Miami attorney, George Breur said
By Melea VanOstrand, Daily Business Review | August 9, 2021
As the investigation into who is responsible for the June 24 collapse of Champlain Towers South in Surfside continues, South Florida real estate professionals say condo owners are paying closer attention to issues of liability after a condominium is delivered.
Construction problems are often discovered after the fact, according to Mark Migdal & Hayden partner George Breur in Miami, who said there are certain things condo unit owners or potential buyers can do to protect their assets.
Breur said contractors can be liable for damages if they don’t construct projects according to the Florida building code, approved plans from architects and engineers, and industry standards.
“Oftentimes, the defects and deficiencies, they don’t manifest right when a project is completed. Sometimes it takes time for these defects to come to light. People who are buying a condominium and whatnot, they’re not trained so they may not even realize if something is wrong initially. A lot of times these things are discovered later so that’s why you see the lawsuits coming years after that construction has been completed,” Breur said.
Breur said he now expects to see more unit owners involved in condo board meetings, in light of the Surfside disaster.
“They want to make sure that the condo board of directors is doing [its] job. That job, most importantly, is a fiduciary responsibility to make sure they’re maintaining the building and keeping the unit owners safe. The condo board has to maintain the condo elements of the building, especially making sure the fire alarms are working and the roofs are not leaking. In order to do that, there should be a qualified, professional property manager, a third-party vendor that has a building engineer on the staff,” Breur said.
The collapse has prompted many condo buyers to consider newer developments, which Breur said isn’t such a bad idea. That’s because newer units are typically built according to the most updated version of building code, which Breuer said involves a higher-level of engineering.
“I think you can see a lot more confidence in a building like that because it will be up to the best building codes in the world. That’s a good move. Obviously, though, you’re going to pay a premium for that. Newer buildings are going to be more expensive than a building that’s super old,” he said.
Having a qualified board conducting routine inspections and maintenance is especially crucial in a place like South Florida, in Breur’s experience.
“People love living on the beach here, they love sunny South Florida, but that’s the worst thing for a building,” Breur said. “The saltwater, the sun, it all corrodes building elements at a much higher rate than these buildings we see inland.”
While associations are responsible for common areas and the entire structure, unit owners have a responsibility as well. All of the owner’s assets inside the condo need to be insured for their value, so that owners can be reimbursed if something happens.
Fernando Alvarez of JAG Insurance Group in Coral Gables said homeowners can get an HO-6 policy that covers everything from the outside in.
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That said, building collapses are a rare events, and Breur said he’s confident we won’t see another one as property owners and builders do more to ensure safety.
“I don’t think people should be scared off from living here in South Florida,” Breur said. “I think they should trust that the local authorities are doing their job and that these buildings are safe to live in.”
