Unhealthy Air Quality in the Aquarius Hallways 

This post contains three documents regarding the air quality in the hallways of the North Tower at the Aquarius Condominium:

1. A note from Arkady Chase, dated May 12
2. A commitment from the Condominium Manager to provide a response
3. A follow-up note from Mr. Chase, dated May 30

Notably, there is no mention of the air quality or temperature in the South Tower. Additionally, both the Lobby and the restaurant Aqua Bistro are experiencing air conditioning malfunctions, which further highlights the need for attention to the building’s overall climate control issues.

May 12

• From:Arkady Chase <chase@gmail.com>
  Sent: Monday, May 12, 2025 12:22 AM
  To: ‘Rami Zureick’ <rzureick@gmail.com>
  Cc: Maria Rentas <Maria.Rentas@fsresidential.com>
  Subject: Urgent Action Required: Persistent Hallway Air Conditioning Issues

TO: Rami Zureick, Secretary of the Board of Directors

Subject: Urgent Action Required: Persistent Hallway Air Conditioning Issues

Dear Members of the Board,

I am writing to formally request immediate action regarding the ongoing issues with the North Building hallway air conditioning system at Aquarius Condominium. Despite repeated complaints from residents (see attached), the system continues to operate inefficiently, resulting in excessive humidity levels exceeding 78% (see attached).

Repeated temporary fixes have failed to provide a lasting solution, leading to continued discomfort and potential risks associated with prolonged humidity exposure, including mold growth and air quality concerns. Given the persistent nature of this issue, I urge the board to consider replacing the system rather than investing in further short-term repairs.

Florida condominium regulations emphasize the importance of maintaining common areas in a habitable condition. Additionally, under Florida’s condominium reserve fund rules are outlined in Section 718.112 (2) (f) of the Florida Statutes reserve accounts should be allocated for capital expenditures, including air conditioning systems serving multiple units.

I kindly ask for a formal response outlining the board’s plan to address this matter. If necessary, residents may explore further action to ensure compliance with condominium regulations and the well-being of all occupants.

Thank you for your prompt attention to this issue. I look forward to your response.

Sincerely,

Arkady Chase, PH5N

High Humidity Penthouse North Tower May 12, 2025

2  –  Answer

From: Maria Rentas [mailto:Maria.Rentas@fsresidential.com]
Sent: Monday, May 12, 2025 2:46 PM
To: Arkady Chase
Cc: ‘Rami Zureick’
Subject: RE: Urgent Action Required: Persistent Hallway Air Conditioning Issues

Good afternoon Mr. Chase,

Thank you for your message. We are currently looking into the matter and will provide an update once more information is available.

Maria Rentas  (Manager of Aquarius Condominium Association)

3  –  May 30, 2025

Urgent Action Required: Persistent Hallway Air Conditioning Issues

Arkady Chase    May 30, 2025

I am reaching out to share my latest correspondence with the management regarding the ongoing air conditioning issues in the North Tower hallways of the Aquarius Condominium Association.  Attached, you will find a snapshot of the Particle Meter recording taken on the penthouse floor on May 29, 2025, at approximately 12:52 PM. The data indicates high humidity and elevated pollution levels, highlighting the urgency of this matter.

Additionally, I consulted Microsoft Copilot regarding the Condominium Association’s liability for maintaining common elements, including the Board’s responsibilities. For your reference, I have attached a summary of the key points generated by Copilot.

“1. Fiduciary Duty:

1. Core Principle: Florida condominium board members owe a fiduciary duty to the association and its unit owners. This means they must act in the best interests of the association as a whole, exercising reasonable care and diligence in their decision-making and oversight. This duty is enshrined in Florida Statute Chapter 718 (the Condominium Act).
2. Breach of Fiduciary Duty:If board members grossly neglect their duty to maintain common elements (like the hallway AC system), they could be found in breach of their fiduciary duty.

    

3. Business Judgment Rule: 

   Application: If the board genuinely tried to address the AC issue, but perhaps made a poor decision or faced unforeseen circumstances, the business judgment rule would likely protect individual members. However, if they consistently ignored complaints, refused to seek expert advice, or prioritized personal gain over the health of residents, this protection could be eroded.

4. Common Element Maintenance:
   
   Association’s Responsibility: Florida Statute 718.113(1) clearly states that “Maintenance of the common elements is the responsibility of the association.” The association, as a legal entity, is generally the primary party responsible for ensuring the AC system (a common element) is functioning properly. 
5. Board’s Role:The board’s role is to ensure the association fulfills its maintenance obligations. Their failure to do so can lead to liability for the association.
6. When Personal Liability Might Arise:Gross Negligence or Willful Misconduct: If the board members’ inaction rises to the level of gross negligence (a reckless disregard for the safety and well-being of others) or willful misconduct (intentional wrongdoing), they could be personally liable.”

    

I appreciate your time and attention to this issue and look forward to discussing potential solutions with you and other members of the association.

With best regards,

Arkady Chase, PH5N

High Humidity PH North Tower May 30th. 2025

Unhealthy Air and High Humidity PH North Tower 06/02/2025

 .o0o.