Willow Point Condominium Association

I am David L., co-president of Willow Point Condo Assoc with Diane L. WPCA is a self-managed condo association. Financial administration is performed by Condominium Management Group (CMG).

Complaining party is a condo owner. While investigating the cause of a leak in the unit below, it was discovered in March 2019 that her unit was filled with trash, garbage and debris piled shoulder high with only a narrow path from the front door to the back of the condo. The situation was determined to pose a serious health and safety hazard. Contacts with health (and mental health) agencies, fire department and county code enforcement failed to find government authority willing to intervene. We were told it was civil matter that should be addressed by condo association. Consultation with association's attorney led to same conclusion. It was decided to put her on notice that condo had to be cleaned up in 30 days or the association might be forced to take legal action to achieve the objective. Complaining party was seen to regularly take small plastic bags to the property's community dumpster over the next few weeks but she ignored requests over next 60 days that association officials be allowed an informal inspection to check on her progress.

Access to unit was not granted again until association officials accompanied contractor who needed entry to repair leak causing water damage to unit below. While no attempt was made to go beyond front room, significant progress towards removal of trash / debris was seen to have made.... now only knee deep, furniture was now visable. After acknowledging her progress, condo owner was given 30 more days to complete task with suggestion she hire clean out or disaster recovery company be hired to assist. When requests for a follow up inspection were ignored over next 90 days, the first of a couple attorney letters were sent to her citing applicable condo documents and statutory provisions. Letters were ignored. Association board decided to initiate legal action if necessary to obtain an injunction to go in to clean up.

A few days before scheduled conference with attorney, I ran into owner at mail box and cautioned her about what was coming. I suggested in alternative, she could enter agreement allowing association to do clean up conditioned on her agreement to repay clean up and legal expense. She agreed. Agreement was drafted by association attorney... She signed it.

Association hired disaster recovery company ***. They came out and provided an estimate of approximately $7300 to complete clean out and sanitizing of unit over three days by a team of workers wearing has mat suits. I did not send estimate to owner because I feared she would balk later if cost was higher and might back out of arrangement due to use of haz mat suits. Nevertheless, she discussed it at length by phone with the *** manager and obtained a copy.

Work began 12/17. I was present as it commenced and provided direction that owner was to monitor all debris / items being collected for discard and could keep anything she wanted. Furniture, household goods, kitchenware, clothing, personal items were not to be discarded without permission. She watched everything going into discard bags and later retrieved some things back out of bags in an inspection area she set up in dining area. Work was not completed in 3 days, continued for 2 more days until 12/23. The process of sorting things of value from trash probably could have continued for several more days but was ended because most trash and debris had been removed from floors and bathrooms and to continue would be a tedious task. It was also felt best to be finished before the Christmas holidays.

While work was more difficult than initially projected and took two extra days, *** did not submit a detailed final billing because it did not want to invite a critical audit by the owner over increased charges. Instead, they requested payment of the balance left from the initial estimate... WPCA paid 50% before work started.

WPCA's attorney sent the owner a letter and statement recently requesting reimbursement of *** charges and legal expense. I understand she sent CMG a check to reimburse *** charges last week but has not yet reimbursed legal expense.

I lack the technology to forward documents and pictures with this submission. I will ask co-president Diane L. to forward before clean out pictures and a copy of the agreement between the complaining party and WPCA.