Former residents of the Surfside, Fla. collapsed condominium have filed a consolidated amended class action complaint against the building’s condo association.
This aerial photo shows part of the 12-story oceanfront Champlain Towers South Condo that collapsed early Thursday, June 24, 2021 in Surfside.
The suit alleges that
the condominium association’s governing document imposes on
the group the duty to maintain, repair and replace at its
own expense “All common elements and limited common
elements. . . . . (3) All portions of the units (except
interior wall surfaces) contributing to the support of the
building, which portions shall include, but not be limited
to, the outside walls of the building, and load bearing
Plaintiffs said the association was aware, or should have been aware, that certain parts of the building’s structure were in failing or deteriorating condition for a period of years.
The consolidated complaint cites a 2018 structural engineering analysis report done by Morabito Consultants on behalf of the association which uncovered concrete spalling or cracking on the concrete slab edges of balconies.
Nearly half of the building’s balconies faced systemic deterioration. The report also found abundant cracking and spalling in the concrete columns, beams and walls of the parking garage. “Notwithstanding Morabito’s 2018 Report and prior complaints indicating significant structural problems that posed a risk to the life, safety, and property of unit owners, residents, occupants, and guests of Champlain Towers South, the Association failed to take action to make the necessary repairs,” the suit said.
A Florida Circuit Judge said in July that Surfside victims and families will expect to receive $150 million in initial compensation.
The sum includes $50 million in insurance and $100 million in proceeds from the sale of the property where the building once stood.
Since then, at least one bidder has offered $120 million for the property.