Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Condominium Dispute topic
No spam. Unsubscribe anytime.
Attorney says pending lawsuit complicates Buchel Island condominium repairs; board continues case
Summary
At the July 18 meeting the Code Compliance Board continued the case involving exterior water intrusion at Buchel Island 13 (437 Bueschel Drive) after the condominium association’s attorney said the issue is already before Volusia County circuit court; residents described damage and financial impacts; the board gave staff time to review ownership and permit documents.
The Code Compliance Board on July 18 continued a dispute over water intrusion and exterior deterioration at 437 Bueschel Drive after the condominium association’s lawyer said the matter is the subject of pending circuit-court litigation.
Leanne Wagner, attorney for Buchel Island 13 Condominium Association, told the board the association is not solely responsible for repairs if unit owners made alterations to common or limited common elements. "We would ask that no fine be imposed, that no compliance date be set, and that the association be dismissed from this action with the owners of the 1st and 2nd floor units being named as the individuals responsible to make the repairs," Wagner said on the record.
Multiple residents and unit owners urged the board to move the repair process forward. Jillian Thompson, who identified herself as the lower-unit owner, said she and other occupants have lived with water intrusion and repeated temporary repairs and want a permanent fix. Resident Robert Reese said the problem "has been going on forever" and that prior temporary patches have failed.
Susan Engleman, a neighboring unit owner, described financial consequences tied to the ongoing dispute, saying she had a buyer back out and that if the association is found at fault unit owners could face liabilities. "I am the collateral damage," Engleman said, describing lost sale opportunities and potential escrow requirements.
Staff reported that city permits had been pulled in the past and that arbitration and litigation are underway, creating uncertainty about which party the board should cite. After discussion the board voted to continue the matter to the August meeting (no fine at this time) so staff could review HOA documents, permitting records and any arbitration findings and then return with a recommendation.
What the board asked staff to do
- Review the HOA governing documents and permit records to determine the appropriate named respondent (association or individual unit owners). - Provide advice on whether the board can proceed while circuit-court litigation is pending without risking inconsistent rulings.
Next steps
The board continued CCB0437-2024 to the August hearing; staff and the parties are expected to provide updated documents and inspection findings before that meeting.
Attributions
Direct quotations and paraphrases in this report come from on-the-record statements by Leanne Wagner (attorney for the Buchel Island 13 Condominium Association), Jillian Thompson (unit owner), Robert Reese (resident/witness) and Susan Engleman (unit owner).
