Immediate Correction Required Regarding Misleading HVAC Communications

Dear Board Members and Management,

I am writing to address serious inaccuracies in the February 2, 2026 communication sent to all unit owners, as well as the attached vendor report from Pro Cooling. The information distributed is materially incorrect, technically inconsistent, and has already caused owners to spend money unnecessarily. These statements require immediate correction.

1. The Aquarius HVAC SystemWas Designed and Built to Provide Both Cooling and Heating

Your communication states that the Association’s boiler system “is not designed to provide heat to individual apartments.” This is factually incorrect.

Aquarius was constructed with a water‑source heat pump (WSHP) system, in which the cooling tower and boilers form a closed water loop that provides the thermal source for both cooling and heating inside the units. The boilers are not merely freeze‑protection devices; they are essential to maintaining the minimum loop temperature required for heating operation.

This is not a matter of interpretation — it is the fundamental operating principle of WSHP systems and has been the basis of Aquarius’s HVAC design since the building was constructed.

2. The Reported Boiler Performance Conflicts With Actual Loop Temperatures

Your communication states that the boilers are functioning properly and that water temperatures are being maintained. The attached vendor report claims the loop is being held at 75°C (167°F).

However, the actual loop temperature measured in my unit is 43°F.

A loop at 43°F cannot support heating in any WSHP system. These two statements cannot both be true. This discrepancy indicates that the information provided to owners is not accurate.

3. Owners Were Misled Into Spending Money Unnecessarily

Your message directed owners to call private A/C technicians at their own expense, based on the assertion that the building systems were functioning properly and that the issue was inside individual units.

If the loop temperature is 43°F, no in‑unit technician can resolve the issue. The problem is building‑level.

Owners relied on your statements and incurred avoidable expenses. This is a direct consequence of the inaccurate information distributed by management and the Board.

4. Responsibility Under Florida Law

When an association issues statements that are:

• factually incorrect,
• materially misleading, and
• cause owners financial harm through reasonable reliance,

the association may be responsible for negligent misrepresentation.

Additionally, under Florida Statute 718.111, the Board has a fiduciary duty to act with due care and in the best interests of the owners. Distributing inaccurate technical information that results in financial loss does not meet that standard.

I am assuming these inaccuracies were unintentional. However, they must be corrected immediately to prevent further harm.

5. Required Actions

To restore accuracy and prevent additional unnecessary expenses, I request the following:

1. A corrected communication acknowledging the inaccurate statements regarding system design and loop temperatures.
2. Disclosure of actual measured loop temperatures in both towers over the past several days.
3. A halt to advising owners to call private technicians until the building‑level system is confirmed to be operating within normal heating parameters.
4. An independent HVAC engineering evaluation to verify system performance and provide an unbiased assessment.
5. Consideration of reimbursement for owners who incurred expenses based on the misleading information provided.

6. Moving Forward

This situation has already caused confusion and unnecessary financial burden. Accurate, verified information is essential, especially when it affects owners’ decisions and expenses. I expect the Board and management to address these issues promptly and transparently.

Sincerely,
Arkady Chase
Unit Owner PH5N, Aquarius Condominium

.o0o.