The collapse of Champlain Towers
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CHAMPLAIN TOWERS

On June 24, 2021, Champlain Towers South, a 12-floor condominium building in Surfside, Florida, suddenly collapsed, killing 98 people. The collapse captured the nation's attention because it was so sudden and deadly. Things like this are not supposed to happen.

Perfect Storm. A number of factors contributed to the tragedy. Among them were construction defects, the boards' failure to properly fund the reserves, deferred maintenance, and a refusal by a succession of boards to impose special assessments to make needed repairs.

Resignations. In 2019, five of the seven members of the condo board resigned in frustration over the endless debate over the scope of work and its cost. They had been issued dire warnings, but members balked at paying the estimated $15 million to repair the damage.

In the president's resignation letter, she pointed out that the previous president was repeatedly undermined and couldn't get anything done. The sniping continued against the new president. She complained of "ego battles, undermining the roles of fellow board members, circulation of gossip and mistruths."

Consequences. Rogue directors who blocked repairs precipitated deadly consequences, lawsuits, and a $1.2 billion settlement. 

Board Negligence. Negligent boards and deferred maintenance are not unique to Champlain Towers. Boards that defer maintenance inevitably lead to large special assessments on members. Before the collapse of Champlain Towers, the Foundation for Community Association Research surveyed associations nationwide about deferred maintenance. The majority of issues reported by those who responded to our survey were water intrusion in windows and siding, deteriorating balconies, failing plumbing, electrical problems, and failing roofs. The study resulted in the publication of "Breaking Point: Examining Aging Infrastructure in Community Associations." 

Maintenance and Safety. For projects older than 10 years, boards must fulfill their primary duties — maintaining the common areas and ensuring sufficient funds are available to do so. That means properly funding their reserves and then spending those monies to keep building components in good condition. When directors receive a report warning of imminent harm, they should act quickly, if needed, with an emergency special assessment to address the danger. 

Construction Defects. If a condominium project is less than 10 years old, it is important for boards to consult legal counsel to determine whether defects exist. They should have the property inspected and a report prepared, and then take appropriate action. 

ASSISTANCE: Associations needing legal assistance can contact us. Stay current on issues affecting community associations by subscribing to the Davis-Stirling Newsletter.

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