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Governments which regulate assume responsibility

By Staff | Jul 15, 2021

To the editor:

Ordinarily, Condominium Associations function, among other ways, to ensure that adequate funds for reasonable and predictable repairs against normal wear and tear are always “saved up” and available.

Then, in the aftermath of the Surfside Champlain Condo collapse, the idea emerged and persisted for a while that Condominium Associations should take measures to ensure that even wildly unexpected repairs necessary to avoid totally disastrous building construction failures should be covered: That is, of course, nonsense.

However, and more appropriately, the discussion now seems to have moved towards making sure from the git-go that there simply would be no need for significant unexpected building repairs –And that always was and certainly remains the direct responsibility and liability of state, county and city governments, not of the condominium associations and of the condo residents.

Once a government takes on the role of Building Construction Regulation — and as part of that, requires and grants occupancy permits — then that government is on the hook. If not, why have these expensive governments. Even the Feds have recognized this concept. That “hook” will sometimes be resisted, but the course is pretty clear.

Oh, wow, how the lawyers are right now salivating at the prospect of all these lawsuit opportunities!

These governments now need to step up and make the survivors whole again insofar as is possible. It now appears that President Biden has stepped up to help, even though the Feds are not directly responsible. This, owing to compassion.

Allen N. Wollscheidt

Cape Coral