Owner tells magistrate he "lives in water" as Marker 33 repairs remain unfinished

Lou Reimer, owner of Unit 2C8 at Marker 33, told the City of New Smyrna Beach’s special magistrate on July 23 that his unit has suffered years of unresolved structural damage, mold and moisture and that repeated management turnover and deficient contractor work have prolonged the problem.

Reimer described a long timeline of damage and remediation delays, saying the building’s exterior cladding and windows were not repaired to code after hurricane damage and that repairs have been inconsistent. “I live in water. Every time it rains, I live in water,” Reimer said, describing moisture readings he said were “over 70%” in interior walls and ongoing mold problems.

Why it matters: Reimer’s testimony portrays ongoing habitability and safety concerns for a condominium unit and highlights the limits of municipal code enforcement in resolving private management and contractor disputes.

Association counsel Jennifer Davis told the magistrate the association had engaged a contractor and that an engineering report was expected; she did not provide a firm timeline. “The engineer is working on it,” Davis said, and later added, “I do not have an actual, you know, ETA for that, but they expect it anytime.”

Staff told the board a permit to remove stucco and substrate above Unit 2C8 was issued on July 22 to allow engineers to inspect and make repair recommendations; staff recommended giving the owner and association time to show progress and to submit any additional permits required.

The magistrate found the property not in compliance with IPMC section 304.6 (exterior walls) and set a compliance/progress deadline of 1 p.m. on Aug. 20, 2025. The case will return to the magistrate on Aug. 27, 2025 at 2 p.m. for updates on engineering reports, permit status and next steps.

Reimer asked the magistrate and staff to keep close oversight and to consider holding the association and management accountable if necessary; the magistrate said the city’s role is to enforce code compliance while private disputes among owners, contractors and managers remain the parties’ responsibility.

Documents noted in the record included prior engineering reports (Woods Engineering, May 2024) and correspondence showing contractor engagement; the magistrate directed staff to scan submitted reports into the file for review.

Next steps: The association and owner will pursue engineering analysis and permit pulls; staff will monitor progress and the matter will be revisited at the Aug. 27 hearing.