Bottom Line: The most important takeaway from this page is this: if you own unit(s) on the 1st or 5th floors, you might want to think seriously about getting H06 Condo Insurance to protect your home or investment(s) due to the roof and stormwater system issues – and keep the insurance at least until we get a Board that is serious about resolving these issues.
Many of you are probably already aware of this, but I have been greatly concerned that we have gone into yet a 3rd hurricane season with the same three major building weaknesses we have had for many years now:
1. The stormwater system is clogged and the likelihood of our building getting flooded in a bad storm or hurricane is high. Our building flooded back in 2016 due to the stormwater system, and it can happen again. Our building also nearly flooded during Hurricane Ian back in 2022 – even with the external pumps we illegally connected a few years ago supposedly as a “temporary measure” running full blast. Had we lost power earlier during this hurricane, the building would have probably flooded by several feet or more (our power did not go out until after the hurricane had passed – we probably won’t be that fortunate the next time). I have provided additional details regarding the stormwater system issue towards the bottom of this document for those who would like to find out more.
2. The shingle roof is not in good shape and has leaked multiple times even after the third (and latest) set of repairs were performed back in September 2023 – and it has been leaking in just average thunderstorms. Over the past 3 years, the roof has been tarped multiple times, repaired 3 different times, and has still continued to leak. The draft of the Structural Reserve Study has communicated that it only costs $331k to replace our roof. So, we have spent $178k of throwaway costs on temporary fixes over the past 3 hurricane seasons when a permanent fix would only cost $331k and be completely covered by insurance? Where’s the logic in that? The cost of these temporary measures will likely continue to accumulate – all of which have been (and will continue to be) throwaway costs which could have gone toward a permanent fix (roof replacement). I can provide many more details regarding the roof to anyone who would like to know more about this.
3. No surge protection for the building which means our electronics could get fried again like they did back in 2022.
Insurance won’t help us with items 1 or 2 so we’ll be on our own. I’m not sure if insurance will cover us again on item 3 since we did nothing to prevent the same issue that occurred last time from happening again in the future. It certainly would not look very favorable on us to have another insurance claim for the exact same issue if they did cover it a second time.
Now, regarding the roof, insurers don’t cover roof defects and poor installation/workmanship. I’ve known about these insurance limitations for several years now which is one of the reasons I pushed so hard to get the shingle roof replaced. Had the Board done the roof replacement, we would not have any roof defects and we’d be fully covered by insurance. The way things presently stand, however, if we experience a damaged roof (and additional unit/building damage as a result of that) after a storm event and make an insurance claim, we could end up receiving $0 from the insurance company. This means our insurance would go up due to making the claim (even claims with $0 payouts count against us), and we’ll have to pay for all the repair/remediation actions ourselves. This is one of the reasons the roof has been such an important issue to resolve.
Regarding the stormwater system, when it became apparent that the present Board majority was not going to get this work done anytime soon, I coordinated with our insurance company to see if we could get flood insurance to help protect us in case we experienced a flooded building due to our stormwater system overflowing. However, the insurance company communicated that flood insurance would not help us if that were to happen – so we would end up making a claim for nothing. Flood insurance only helps when there is general flooding in the area (multiple buildings in the area – not just ours). If only our building gets flooded due to our stormwater system, then we would not be covered.
As such, none of the insurance we have will help us if we suffer the consequences of a flooded building or a damaged shingle roof which means we’d have to pay for all of the damage ourselves. So, the resulting impact of not getting the issues resolved could be devastating. And these have been foolish risks to take over the past 3 hurricane seasons.
Resolving the major building weaknesses above would help avoid a catastrophic outcome. Even 1 of the 3 items above could result in a calamity. However, the presence of 3 major building weaknesses simultaneously during a heavy storm or hurricane greatly increases the odds that at least 1 of those will be experienced (and there’s a strong likelihood that 2 or all 3 will be experienced). I think we can all imagine how frightening it would be if a hurricane approaches the Orlando area with these 3 known building weaknesses. And owners could end up losing their homes or their places to rent if we don’t do something to actively resolve these building weaknesses. Please keep in mind that if owners lose their homes (or the ability to rent out their units), the mortgage, HOA fees, and other bills still have to be paid every month.
So, we have really been pushing our luck over the past 3 hurricane seasons. And these have not been risks worth taking. Another way of looking at this would be if you owned a house and you had a roof that leaked, you certainly would not try to get by with temporary measures such as tarps and roof repairs year-after-year through 3 consecutive hurricane seasons – especially if the roof kept leaking. Likewise, you would not just allow standing water to sit beneath your house without actively working to resolve the issue. It should be no different for a condo building. And we have tarped the roof multiple times, repaired the roof 3 different times, and the roof has continued to leak. Likewise, we have not resolved the stormwater system issue and have ignored the required inspection/maintenance schedule for eight (8) years now. So, in summary, the Board majority has forced us owners to take intolerable, unacceptable risks over several years that we’ve had no awareness of and would never take on our own if it was entirely up to us – and the consequences could be devastating. These are not the kind of Board members we need, and such Board actions are in direct violation of the Florida Statutes and Condo Documents Boards are legally required to uphold and support. This is what negligence and complacency looks like, and this is why disasters like Surside happen. I don’t want Uptown Place to be the next Surfside disaster.
I’m not sure why Bertrand told everyone at the 3 July meeting that the stormwater system work would cost $70k. This was the highest bid we received – the other two we received were $11.5k and $23k. We initially selected the lowest cost proposal from Brownies for getting the work done but I suppose that is now on hold. Bertrand also told everyone at the meeting that the roof would cost millions of dollars to replace – I’m not sure why. The amount was closer to $1M based on a proposal we got after Hurricane Ian – the price was probably high. When you don’t want to replace the roof or clear the clogged stormwater system, I suppose exaggerating costs is the way to go.
Now, in his defamatory message sent out on15 August 2024, Bertrand claimed the cost for the stormwater system work was even higher: “$75k-125k.” He keeps making numbers up – again, we only have 3 proposals: One for $11.5k, one for $23k, and one for $70k. I doubt very seriously this work will cost anything close to the lower end Bertrand keeps broadcasting – and will probably cost much less. If we take the approach Bertrand has most recently pursued – getting an engineer to do a redesign of our stormwater system, then it would probably cost much more than what he has stated. We don’t need to do a redesign, we – just – need – to – clear – the – clog. Period.
Keep in mind that the roof proposal I referred to above was provided just after Hurricane Ian – and prices tend to rise substantially after major storm events due to high demand and the low availability of contractors to perform the work. So, it’s always much cheaper to get work done before a storm event happens which is one reason why I’ve been pushing so hard to get the key building issues addressed.
Keep in mind that this is the 3rd consecutive hurricane season where I have actively engaged 3 different Boards and fought for getting the stormwater system work done as well as the permanent fix for the roof. Critical items such as the major building issues identified above really worry me and I don’t want to lose my place to live (which I first bought back in 2007) – and I certainly don’t want you to lose yours. But that could very well happen if we don’t elect a Board which is committed to resolving the building issues.
Now, I realize some of the items communicated in the above may not be what people want to hear, but those have been some of the key concerns that have weighed on me as a Board member and I feel an obligation to share these kinds of concerns with you since it might provide the opportunity for you to make better decisions regarding your unit(s). For example, as stated previously, H06 Condo Unit insurance is probably a great idea for protecting your property – at least until the major building issues get resolved. This is especially important for those who own units on the 1st and 5th floors.
If something bad happens this hurricane season, please remember I tried very hard over the past 3 hurricane seasons to get all of the major building issues resolved. If something bad does end up happening, it will probably haunt me because I’ll always wonder if I could have done more. It’s been a heavy burden to carry but I take my Board responsibilities very seriously in doing my very best to advocate for, serve and represent the owners here at Uptown Place. Unfortunately, it was a ton of work with not much to show for it.
I’ve provided additional details regarding the stormwater system in the section below for those who would like to find out more.
STORMWATER SYSTEM
Gabriel and I have been actively working the stormwater system issue for several months now. As a part of that, we contacted the City of Orlando. I asked if they would come out and see what they might be able to do to help route stormwater (and the associated contaminants) away from Uptown Place. I provided the Harris Engineering Report from 8 years ago (the one where nothing was done) and provided several other details and supporting information.
Well, they actually came out, did an inspection to see if everything complied with the recommendations in the Harris report, found a few issues and constructed a missing weir, have committed to continue working with us to help with stormwater issues, and have put into their future plans additional changes which should be helpful to us. And we got all of this support for free! Here is the email string (https://brighterdayslifecoaching.com/wp-content/uploads/2024/07/2024-07-Email-String-with-City-of-Orlando-for-Stormwater-System-Help.pdf) and the City of Orlando plans (https://brighterdayslifecoaching.com/wp-admin/upload.php?item=18535). I can provide all of the documents, email traffic, city plans, and such to anyone who has interest (joe.brennan85@gmail.com).
As a part of the above efforts, Gabriel and I invited the above City of Orlando contact to our 3 July Board Meeting who prepared a presentation for everyone but Bertrand said no. This was why I was late to the meeting. I did not want to be disrespectful of Mr. Oyler’s time and effort since he’s been so helpful. So, I spent some time with him and he talked me through his presentation, walked me around the property to explain everything, and now I have a good understanding of how everything works. After his visit, we worked together on writing a stormwater system description document (https://brighterdayslifecoaching.com/wp-content/uploads/2024/08/Stormwater-System-Description-July-2024-v6-Final.pdf – this version is much more detailed than the previous one I provided), and I got with Gabriel and the maintenance staff on ways we can better mitigate our risk. For example, some of our external pumps were re-configured in such a way that they help the stormwater system problem a little more. So, these have been good fixes to make (among others).
Now, in parallel with getting the City of Orlando involved, Gabriel and I had been coordinating with 5 different stormwater system experts to look at our stormwater system. These experts have stressed two things:
1. We have a clogged stormwater system that requires immediate attention – it must be drained, unclogged, and cleaned.
2. We need to perform maintenance on our stormwater system on an annual basis – this is also what the technical documentation for our stormwater system states.
So, it’s no surprise we have a clogged system because annual maintenance has not been performed on our Stormwater System since the last time our building flooded back in 2016. And I can’t say that it makes much sense for us to get experts out to evaluate our stormwater system if certain Board members would rather ignore the problem and disregard experts when they do not give the answers they want.
Now, keep in mind that the City of Orlando and mitigation actions performed to date will not solve our stormwater system problems since it is presently clogged – and may not be enough to prevent flooding in a bad storm or hurricane. However, they should at least help. Unfortunately, certain Board members believe the best way to deal with a clogged system is to get an engineering analysis done instead of draining, unclogging, and cleaning the system but I suppose we’ll have to leave that for the next Board.
Another way of looking at the stormwater system issue is to imagine you had a kitchen sink (without a garbage disposal) and that you never cleaned the drain. Eventually, the sink would clog up completely. Our stormwater system works the same way. It drains from the bottom just like a sink does, so when it’s clogged up, the clog must be cleared and we have to clean it once in a while (several experts and the technical documentation for our system says to do this annually).
So, if your sink becomes clogged, which of the following would you do? 1) clear the clog and keep the sink clean, or 2) get an engineering analysis done. Hopefully, the appropriate step to take will be promptly taken by the next Board so the building doesn’t flood during the next heavy storm or hurricane. If we wait until after a bad storm or hurricane hits and end up with a flooded building, this could easily cost us 100 times as much ($1M+) as paying the $11.5k+ it would take to get the work done. The cost of the stormwater system work alone could easily double – even if there is no damage – because prices for stormwater system contractors and such greatly increase after major storm events due to high demand and fewer contractors available to perform the work. So, it’s always much more cost effective to get work done before storm events happen.
Now, one thing our City of Orlando contact pointed out was that per the original permit back when our stormwater system was originally constructed, there was one design limitation: our system was designed such that stormwater from a rain event would be completely drained within 72 hours following the rain event. This means we could experience flooding if there are successive rain events within 72 hours – even if the system was perfect. This design limitation makes it even more imperative that we drain, unclog, and clean our system and keep up with the annual maintenance schedule as stressed by the experts who have examined our system. Again, the annual maintenance has not been performed on our Stormwater System since the last time the building flooded back in 2016.
The bottom line is we have a clogged Stormwater System that requires immediate attention. Over the past 8 years, neither the required annual inspection/maintenance actions nor have any of the recommendations offered by Harris Corporation and Total Enviro Services been done.
When our building flooded back in 2016, it was due to the clogged Stormwater System. This is why 2 different contractors were hired at that time: 1) Total Enviro Services was hired to drain, unclog, and clean our Stormwater System, and 2) Harris Corporation was hired to evaluate our Stormwater System and provide an Engineering Report to improve end-to-end system performance.
Total Enviro Services was one of the contractors who provided a proposal for the current work, and they informed us that they were the contractor who was hired back in 2016 to do the work when our building flooded and that none of the recommendations offered back in 2016-2017 (by either Harris Corporation or Total Enviro Services), for improving the performance of our Stormwater System, had been done.
Multiple experts have recently came out to Uptown Place and went deep into our Stormwater System. They informed us there is a substantial amount of standing water beneath our building which cannot be accessed by the external pumps we illegally connected a few years ago – supposedly as a “temporary measure.” So, our external pumps are only able to partially remove water – and only from the upper levels. Using a separate but similar analogy, the reason gutters are important is they direct rainwater away from homes/buildings to prevent problems with the foundation. However, we have been holding standing water in our clogged Stormwater System for a lengthy period of time now.
Since July 2023, I’ve communicated repeatedly to the present Board that we are asking for trouble by not promptly resolving the Stormwater System issue. However, no work has yet been done and most recently, instead of moving towards draining, clearing, and cleaning the clogged system, the present Board President (Bertrand Fonji) now wants to instead have an engineering analysis done. But we already did that back in 2016-2017 and none of the recommendations were done. And I don’t think it’s wise to delay this crucial work in the middle of hurricane season – nor do I think it benefits us much to pay for another engineering analysis.
Now, the above being said, I am certainly not opposed to looking into new solutions to improve the end-to-end performance of our Stormwater System over the longer term if we find we truly need that. However, we have an immediate, critical need to first drain, unclog, and clean our existing system so we can avoid catastrophic outcomes during any heavy storms or hurricanes we might experience. Additionally, there’s a strong likelihood that if we simply adhere to the annual inspection/maintenance schedule for our Stormwater System, we’ll find it operates just fine the way it is without having to get another engineering analysis done or doing any modifications to improve end-to-end system performance. The problem is we’ve never adhered to the annual inspection/maintenance schedule for our Stormwater System – so, it’s no surprise that we now have a clogged system. And just like you would not expect your car to continue operating smoothly if you did not keep up with the maintenance schedule, the same is true for our Stormwater System. And it’s very easy to follow – it’s only a once-a-year inspection/maintenance action.
The experts informed us recently that our Stormwater System drains from the bottom (via a percolation system) instead of via an outlet pipe as previously thought. This type of Stormwater System is uncommon, and it is difficult to find experts and contractors who understand and perform this kind of work.
I can provide many more details about this Stormwater System issue to anyone who has interest but I’m just going to leave it at that for now. I strongly believe that we must immediately resolve the Stormwater System issue so we can at least take care of 1 of the 3 major building weaknesses before a potential disaster strikes. I have little confidence that the current Board is going to get this done so it looks like the only chance we’ll have to get the issues resolved will be to elect new Board members this year.