Published On: Sat, Jul 31st, 2021

Reflections on the Champlain Towers Tragedy

By: Robert S Weinroth

The catastrophic failure of the Champlain Towers condominium in Surfside has sent shock waves throughout our community.

This is a terrible tragedy impacting not only those whose lives were tragically cut short but also the families and friends left behind to grapple with this loss.

What the survivors of the collapse of the 13-story structure have described as a catastrophe in slow motion has exposed critical limitations of condo associations. Absent the expertise of structural engineers and under the pressure of the association’s members to keep assessments low, necessary planning for the regular maintenance of residential towers cannot be assured.

The Champlain Towers had been in the process of being recertified under county regulation, which required this to be undertaken after 40 years. Both Miami-Dade and Broward counties have a recertification process in place. Palm Beach County does not. However, this tragedy points up the possible need to undertake the process of recertification much earlier.

In Miami-Dade County, where sea levels are rising, the salty air is corrosive and nearly two-thirds of all commercial, condo and apartment buildings are as old or older than Champlain Towers. There is clear concern for the residential structures that could be at risk and even commercial buildings may be in need of Building Foundation Repair services.

Gary Slossberg, president of the National Home Building and Remodeling Corporation, a construction company in Boca Raton, said the collapse is “a wake-up-call on many fronts” and may lead to changes in laws or regulations about the frequency of building inspections.

The natural reaction to this disaster will likely resemble the response to the devastation inflicted on many buildings by Hurricane Andrew in 1992. 

Passing directly through the city of Homestead, Andrew stripped many homes of all but their concrete foundations. In total, Andrew destroyed more than 63,000 houses, damaged more than 100,000 others, caused over $27 billion in damage and left 65 people dead in its wake.

Andrew’s widespread destruction caused state and local officials to write stronger building codes, making Florida’s structures better able to withstand hurricanes of similar caliber.

With the pain of the collapse in Surfside still fresh, state and local officials are, again, looking to rewriting building codes to reduce the likelihood of a similar event occurring in the future.

The problem, however, is not easily remedied.  Decades ago, some builders mixed concrete at project sites. Some used beach sand to mix concrete used for beachfront structures. 

The salt in the beach sand works with the salt blowing off the ocean to accelerate the deterioration of the concrete and corrosion of the steel reinforcing bars holding the concrete in place. 

Even for beachfront buildings not composed of concrete made with beach sand, salt air is not a friend of the building’s infrastructure.

Some Champlain Tower residents accused the building’s condominium association of acting too slowly to address known structural flaws identified in a 2018 engineering report. However, as noted before, even when the structural engineers have identified the issues requiring remediation, the condo board may find itself powerless to act. 

Residents, many living on fixed incomes, will not be able to absorb a significant special assessment to address the deficiencies. Absent well thought out capital reserve policies, assessments can be cause for residents to vote the board members out of office in an effort to forestall the potential of a five or six figure assessment.

All condos are not built equally. Their proximity to the ocean air and the damage caused by sea level rise will be far different when viewing a structure built inland. The height of condominium will also impact the stresses placed on the structure. The taller the building, the greater the danger structural deficiencies will have the potential for causing another disaster.

Against these dire observations, however, we need to recognize that buildings do not collapse on a regular basis. Indeed, this situation has been so rare it has resulted in a rush of aid from the federal, state and neighboring municipalities.

What is clear is ignoring the problem is not a prudent course of action. It is also clear that many condominium residents, currently residing in “older” buildings will find their ability to sell their units impacted, at least near term. Insurance companies can be depended on to react to this situation in a negative manner (canceling coverage, increasing deductibles and/or raising premiums to intolerable levels). 

The fix is not going to come overnight. But, given the death and destruction inaction can cause, the state, counties and local governments will have little choice but to address this situation, balancing the competing interests of all concerned.

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