Page 14 - Boca Club News - September '21

Page 14, Boca Club News
Legal: Coming Changes

to Condominiums Due to Structural Issues

By Michael J Posner, a partner in owners, who must hire a state licensed architect or engineer painting, and pavement resurfacing, regardless of the amount
Ward, Damon, Posner, Pheterson & to complete the safety inspection. This report is then given to of deferred maintenance expense or replacement cost, and
Bleau, P.L. a mid-sized real estate and the applicable County Building Department and, depending on any other item that has a deferred maintenance expense or
business-oriented law firm serving all the outcome of the report, the building must complete repairs replacement cost that exceeds $10,000.”
of South Florida, with three offices in that pose an immediate threat to life safety within 180 days of These funds, if collected, provide the means for payment of
Palm Beach County. They specialize in the inspection report. All other deficiencies that are considered necessary repairs, including repairs disclosed in any inspection
real estate law including condominium non-life-threatening must be completed at a later date. Follow- report. However, the cost of reserves is added to the regular
and homeowner’s associations up inspections are required to be conducted every 10 years. assessments that condominium owners pay, resulting in a
representation. They can be reached Other counties, including Palm Beach County, are now higher monthly or quarterly expense. In some buildings, the
at (561) 594-1452 or at mjposner@warddamon.com. considering adopting and modifying these existing programs. cost would be too high for many homeowners to carry. For
The Champlain Towers South building in Surfside The first proposal is to lower the initial time period for the first other buildings, large assessments have a greater effect on
disaster has opened many eyes to the risks of older residential inspection from 40 years to as low as 25 years. It is believed decreasing the value of the condominium unit. Because of
buildings and the risks of deferred maintenance, flooding, that, by inspecting buildings sooner, future problems may be this, many condominium owners do not want to pay now for
and lack of inspections of multi-story condominiums. The prevented. There is also talk that legislation may be proposed the cost of future maintenance.
key takeaway is that this is a rare event, akin to a large plane to make the inspection requirement statewide, as opposed to Each year, the members of a Condominium Association
crash, and due to its rarity, loss of life and background, it on a county-by-county basis. have the right to vote whether to waive or reduce reserves.
has received an enormous amount of press, causing fear and The cost of these inspections is borne by the building’s In many Condominium Associations, the act of waiving all
confusion for high-rise condominium owners. While this owners. Because of the potential for the need for very reserves is commonplace, which means that Association
means that condominium owners should not live in fear of expensive repairs, many building owners (especially would not have sufficient funds to cover any necessary future
imminent building collapse, it does raise enough alarms that condominiums) often “inspector shop” in order to obtain the maintenance. This results in the need for passage of special
changes at the county and state level may be warranted to lowest and cheapest requirement for needed repairs. This is assessments, either directly from the owners or paid over
prevent any future tragedies. because owners of the individual condominium units do not time after the Association obtains a loan to cover the costs.
The first change is likely to be the speed, age and want to bear the brunt of a high special assessment to cover This burden of large special assessments due to the failure to
pace of inspections for buildings located in areas where the potential repairs. The owners of the Condominium in reserve over many years can also be over burdensome to many
flooding and saltwater corrosion are most likely to cause Surfside were looking at a special assessment of between condominium owners and was one of the contentious issues
the greatest amount of damage. Currently in Miami-Dade $80,000 to $200,000 to correct the deficiencies found in its at the Surfside Condominium before the collapse.
and Broward County, larger buildings are inspected every 40-year inspection report. In order to address this issue, the Florida legislature
40 years for structural and electrical safety inspections. Condominiums have an inherent conflict when it comes to may consider restricting the ability, in whole or in part, of
No such inspections currently exist in Palm Beach County. long-term repairs. These are paid for through reserve funds, Condominium Owners to waive reserves. This would require
These inspections are not intended to be code compliance which are statutorily mandated under Chapter 718, the Florida an amendment to the statute, which will likely be discussed
inspections. In fact, the Surfside condominium had conducted Condominium Act. Each year the Directors of a condominium or even voted on in the 2022 legislative session. The Surfside
a 40-year inspection and was in the process of a multimillion- must create a budget that includes “reserve accounts for capital Condominium disaster has been an eye-opener, and it is clear
dollar repair prior to collapse. expenditures and deferred maintenance. These accounts must that changes will be coming, with the hopes of preventing
The inspections are required to be initiated by the building include, but are not limited to, roof replacement, building future disasters through inspections and better reserve funding.
Medical Matters: Bed Sores

By Richard Nagler, M.D., a member depth of the bed sore may progress to a deep injury involving every 15 minutes: tilt the wheelchair, raise their body in the
of Broken Sound Club and retired muscle and bone. For those who are confined to a wheelchair, seat as often as possible, and use cushions to relieve pressure.
physician. After graduating from the buttocks, tail bone, spine, shoulder blades and backs of the Bed-ridden patients must be turned and repositioned at least
the University of Pennsylvania and arms and legs are the most likely areas affected. Those patients every hour, and the head of the bed should be at 30 degrees
New York University’s School of confined to bed develop bed sores usually in the back of the elevation. Recognition of, and frequent changes of, soiled bed
Medicine, Dr. Nagler served his head, shoulder blades, buttocks, tail bone, heels, ankles and sheets and hospital gowns is essential. The skin should be clean
internship and residency at Baltimore the shin behind the knees. and dry, and washed frequently with mild soap. Every effort
City Hospital and Johns Hopkins. He The major cause of bed sores is constant pressure on the should be made to limit exposure to urine, excessive moisture
followed that with a Fellowship in skin over areas not well padded which diminishes blood flow – or stool. Good nutrition and hydration are important. Nurses
Gastroenterology at Yale University School of Medicine, and especially in elderly people with diabetes and vascular disease. should frequently inspect likely areas where bed sores might
was then Chief of Gastroenterology at Fitzimmons General In addition to immobility, poor general health with inadequate develop. Using Talcum powder or lotions to protect the skin
Army Hospital in Denver. He returned to the Yale Medical nutrition and hydration are important factors. Spinal cord is helpful.
School for one year as an Assistant Professor of Medicine injuries and certain neurological conditions which result in a When bed sores have developed, it is wise to consult with a
before opening his own successful private practice in Internal loss of pain sensation make these patients unaware of warning Dermatologist and a wound team. If the shin is red and irritated,
Medicine and Gastroenterology. During that time, he also signs of developing bed sores, and they are unlikely to change but not broken, it should be washed with a gentle cleanser,
served for ten years as Chief of Medicine at Huntington positions which are essential in preventing them. warm water or a saline solution, and patted dry. A bandage—
Hospital in Huntington, N.Y. Untreated bed sores and the underlying tissues may usually of gauze treated with a gel, foam or antibiotic—will
Bed sores, also called pressure ulcers or decubitus ulcers, become infected, with increased redness and swelling and speed healing and act as a barrier to infection. When the bed
are an injury to the skin and underlying tissue caused by drainage of pus, especially in those who don’t feel pain. It sore has penetrated well beneath the skin to underlying tissues,
prolonged pressure on the skin, most often over bony areas may become septic (blood-borne infection) and progress to debridement is necessary. Dead, damaged and infected skin is
of the body such as the buttocks, tail bone, heels, ankles and invade cartilage and bone (osteomyelitis). In long-standing removed, the wound flushed with a saline solution, and both
shoulder blades. Patients who spend most of the time in bed non-healing situations, some of these ulcerations can develop topical and oral antibiotics are given. In some cases, removal
or in a wheelchair, and have difficulty or are unable to change into squamous cell cancer. of tissue can be accomplished with vacuum-assisted closure
positions, are most at risk to develop bed sores. The most important approach in dealing with bed sores (VAC). Surgery may be necessary in some deep bed sores,
Bed sores can develop quickly. Most will heal with is prevention. For those in wheelchairs, they need to be where a pad of muscle, skin or other tissue is used to cover
treatment, but some are very resistant and never heal encouraged to reposition themselves, shifting their weight the wound and cushion the affected area (flap reconstruction).
completely. They usually begin with unusual changes in skin
color ranging from red to purple, combined with a change in
texture, itching, tenderness and swelling. The affected area may Vino With Sting!
be either warmer or colder to touch. Breaks in the skin may
become infected with pus draining from the lesion, and the

By Laura Berrio, Freelance August, Sting holds a party for everyone to celebrate and
thank them for their support. They eat, drink wine and of
Writer/Blogger
CCCC and stay at Sting’s Tuscany course he sings a few songs!
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(I want to be on this invitation list!)

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When I checked on the price, it Sister Moon has been listed as one of the top picks by
appears to be a case of, if you Wine Spectator Magazine.
have to ask, you can’t afford it! You can travel to Italy to check it out, or run to your
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