Orlando condo owners fight against assessment increase from damage caused by Hurricane Ian

ORLANDO, Fla. - Some owners at Dockside Condominiums in Orlando’s Conway neighborhood are finally returning to their homes after Hurricane Ian forced them out.

Others are still waiting on repairs Access Residential Management estimates will cost $160,000 per unit. The whole neighborhood was underwater during Ian. Everyone living inside the 133 first-floor units was forced out by flood damage. Isabel Semiao got her keys back Wednesday.

"It’s been a long journey," Semiao said. When asked how long it will take for her home to return to what is was, she replied, "until we figure out what’s going to happen here in Dockside."

Semaio is one of the owners at Dockside now worried about being priced out of their homes. The board of directors approved a 12-year special assessment Wednesday where the minimum monthly increase for all units is $650.

Access Residential Management sent FOX 35 an emailed statement Thursday. Michael Laster, senior vice president of operations, said the board of directors had no other choice but to approve the special assessment to cover an insurance gap that is currently in litigation.

"We wanted to remind everyone that the damages caused by Hurricane Ian were unavoidable and significant which is why the special assessment was necessary," Laster said. "Unfortunately, this is the second major loss from a hurricane in the last four years at Dockside at Ventura."

A crowd of upset owners was at Wednesday’s board meeting where the board of three unanimously approved the measure.

"I think the reality is, this was the best situation of all the options," Laster told owners at the meeting.

Dockside Condominiums is one of Access’ nearly 200 communities across Florida and the Southeast. Leadership said the company’s received $7 million for repairs so far.

Notice of the special assessment went out in early September. Some owners organized a recall vote of the entire board with hopes of stopping Wednesday’s meeting with more than the required 50% plus 1 majority.

Florida law says the board must acknowledge the vote within five full business days after being served. Elizabeth Leuven served members Monday afternoon.

"[It’s] in the hands of God now," Leuven said. "I did everything that I could. We all did everything that we could."

Leuven said the two weeks following the receipt of the assessment notice were hectic with owners working through the night to collect signatures.

"We hit the ground running, and we kept running until we looked at each other on Monday night and said, ‘Oh my God,’" Leuven said.

Laster responded to the recall, saying it’s "presently under legal review."

"The association counsel is diligently evaluating its validity," Laster said. "The final determination will be made during an upcoming board meeting in the coming days."

As of writing Thursday night, a notice of an upcoming board meeting had not been sent to owners. Geoffrey Golub, an attorney, said assessments are hard to avoid with owners having few avenues for recourse. He said it’s a risk of condominium ownership in Florida.

"The bottom line is you’re going to have to pay something if there’s not enough insurance to cover it or if the insurance keeps fighting you," Golub said. "You’re going to have to pay the one coming up before you can worry about the rest of them."

Laster said the special assessment would end if the insurer paid up.

"We maintain a positive outlook, that Merlin Law Group, SFR Services, and the team of experts representing Dockside at Ventura will successfully recover the necessary funds to repay the outstanding loan," Laster said. "This settlement or judgment will lead to the discontinuation of the special assessment that was recently passed by the board of directors."

The first of 144 payments is due Oct. 1.