How New Castle County measure will help prevent disasters like Florida condo collapse

Aiming to avoid a disaster like that of the Surfside, Florida, condominium collapse, New Castle County will now require “routine inspections” of common interest community buildings.

The county ordinance signed into law last month comes nearly two years after Delaware Online/The News Journal’s exclusive coverage documenting the structural issues plaguing Le Parc condominiums, a common interest community complex overlooking the Delaware River on Governor Printz Boulevard in Fox Point.

County Councilman John Cartier, who represents the area where Le Parc is located and championed the ordinance, said in a news release that it was the deterioration at Le Parc that spurred the legislation, calling it “ground-breaking” and a model for others to follow.

“This ordinance requires routine inspections of the façades and internal structures of certain common space community buildings such as condos, vacation timeshares and co-ops,” he said in the release. “These inspections will be conducted by a design professional such as a licensed engineer or architect.”

WATCHDOG REPORTING: On brink of condemnation, NCCo condo situation parallels Surfside disaster

Common interest communities in New Castle County will have two years to come into compliance with the new ordinance, Cartier said.

Condo associations and other boards of common interest communities will be expected to contract with qualified building professionals, like an architect or engineer, to perform a building inspection and submit the report to the county’s Department of Land Use, Cartier said.

“It’s not terribly costly to do this, but it is necessary to get control and understand and ensure that these older buildings out here are safe,” he said.

How Le Parc Homeowners Association inspired the county change

The Le Parc Homeowners Association – the condo association responsible for maintaining the property – has known for decades of the structural problems, most recently having the three four-story buildings’ balconies condemned by New Castle County in 2018.

But for county officials, Cartier said, it wasn’t until a Le Parc resident contacted the county about issues with the balcony that the structural decay of the three, four-story buildings became known to New Castle County.

"These inspections will help common interest communities identify maintenance concerns long before they become major repairs and place a financial hardship on the community," said Charuni Patibanda, general manager of the county's Department of Land Use. "In short, it's about fixing things before they break."

Le Parc’s 76 condo units have faced similar issues to those that plagued the collapsed Surfside condo building, including shoddy construction practices, design flaws, the developer going bankrupt and decades of deterioration and water infiltration.

While some emergency work was done, including shoring up the balconies condemned in 2018, a permanent fix has been on hold for over five years due to a lack of funds and financing.

Why funding is Le Parc’s biggest hurdle

Securing the funding necessary to complete repairs at Le Parc, which are now estimated at $9 million, remains the condo association’s greatest challenge.

The Le Parc Homeowners Association has regularly increased owners’ assessments (regular fees property owners in a common interest community pay to cover maintenance and repairs) to raise the money necessary, but the money-raising efforts have created a stalemate among condo residents.

FUNDING REPAIRS: How sweeping HOA authority has left Delaware condo owners with few options

The first two special assessments levied in late 2017 and again in mid-2018, totaled nearly $9,000 per unit, which most owners paid. It was when association board members tried to levy a third assessment in late 2018, expected to cost owners anywhere from $75,000 to $90,000 per unit, that Le Parc residents balked.

Beyond what unit owners described as untenable assessment increases, the association board has since 2019 towed the cars of owners who are behind on those payments. Board members have also sent letters to renters of units, threatening to terminate rental agreements if the tenants don't make their rent payments directly to the association.

Cartier said he continues to work with the Le Parc residents to secure a loan to pay for the necessary repairs and hopes to find state legislators who will sponsor legislation to create a revolving fund that common interest communities could access for necessary, but costly repairs to buildings.

Got a tip? Contact Amanda Fries at afries@delawareonline.com, or by calling or texting 302-598-5507. Follow her on X at @mandy_fries.

This article originally appeared on Delaware News Journal: This New Castle Co. measure will ensure buildings properly maintained