Miami Beach

August 28, 08

Financially Floored

New Florida Elevator Code Could Be Devastating for Struggling Condos

By Ben Torter

As if plummeting home values and rising insurance costs weren’t enough for Miami Beach residents to worry about, many condominium associations have received violations demanding they pay for costly elevator upgrades, or else.

The Miami Beach elevator safety supervisor, backed by city attorneys, explains the city has no choice but to issue the violations, maintaining he is only following Florida state statute, which trumps city authority in elevator safety matters. State code changed in 2005, and now requires that elevators be fitted with additional fire safety mechanisms such as sensors that, during a fire, automatically move the elevator car to a safe floor, preferably the ground. However, the upgrades are costly and, arguably, unnecessary.

The condo association for Abbott by the Sea, located at 8255 Abbott Ave., received notice that it must upgrade the elevator in its building. Rather than concede, the association is fighting the city in hopes of avoiding the expense, and has found allies on the City Commission.

“You could sink a small condo,” said Commissioner Jonah Wolfson during an Aug. 14 Land Use and Development Committee meeting, referring to the high costs of performing the upgrade.

Abbott by the Sea is a five-story, 31-unit residence built in 1981. Abbott received an order from the city of Miami Beach in January to make the upgrades, according to association Secretary Robert Wilder. Board members later received estimates that the work would cost $150,000.

“The issue is a budget bomb dropped on us,” Wilder said.

A general building code rule pertaining to retroactive conformity requires that a building be brought up to current code only if renovations are made that cost more than 50 percent of the building’s value. However, the new elevator code is different, and requires elevators, which are inspected yearly, to be brought in-line with it.

The code affects approximately 200 buildings in Miami Beach, of which 100 have complied, according to city officials.

“Here, the rub is that this is a retroactive provision that affects existing elevators that really don’t have a problem,” Wilder said. “This is just a modern technological improvement that the Florida Bureau [of Elevator Safety] says is a safety minimum.”

Commissioner Saul Gross, whose company, Streamline Properties, manages buildings around Miami Beach, agreed that retroactively enforcing the elevator code isn’t fair.

“What’s the urgency for spending 100 grand to fix something that’s been working for 30 years?” Gross asked.

According to First Assistant City Attorney Rhonda Montoya Hasan, state officials told the city that failing to upgrade the elevators is a direct threat to public safety. City officials are waiting for that notice in writing.

Mayor Matti Herrera Bower asked what recourse homeowners would have to fight the state. Ironically, one of the elevators at Miami Beach City Hall doesn’t meet current code. At Wolfson’s suggestion, the city attorneys will look into fighting the state based on that elevator. The idea is that if the city wins, the decision will trickle down to help residents. The fight against the retroactive code will also become grounds for the city’s legislative lobbying agenda in Tallahassee.

“Basically, Florida statute says these elevators are grandfathered in, and the elevator enforcement division of the state has gone ahead and decided it is going to retroactively apply its new standards, and they are violating state statute,” Wolfson said. “It’s a short-sighted, bureaucratic and incorrect interpretation of the law that could have a devastating effect on the financial health of Miami Beach condominiums. I have a positive outlook on the city’s appeal and am looking forward to defending Miami Beach condominiums against this bad decision by the state.”

Comments? E-mail ben@miamisunpost.com