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Family of three feeling hopeless over situation with HOA: "We are the ones suffering"

Family of three feeling hopeless over situation with HOA
Family of three feeling hopeless over situation with HOA 03:57

MIAMI – A family of three turns to CBS4, feeling hopeless in their housing crisis. They tell us they are in a dire situation financially, paying for two residences, including one they never wanted in the first place. We share their plea for help.

Craig Shubin's family juggles two big housing payments. They juggle their mortgage in Plantation while paying rent in Weston.

They never intended to pay for two homes at once.

Shubin tells CBS4 his homeowner's association is to blame, failing to live up to a legal settlement to fix the damaged condo.

"I never imagined we'd be in this predicament, to be honest with you," said Shubin.

A heartbroken Shubin looks over his daughter's temporary room. Except it's not a bedroom. It's their living room, and she sleeps on a pullout couch.

"Her whole life has been turned upside down at 12 years old," said Shubin from his Weston rental. "It's a sad deal we've had to endure because of the situation the HOA has put us in."

A stressed Shubin tells us he's "desperate," wondering how much longer he can afford the rent in Weston while paying the mortgage and HOA fees for their condo at Wimbledon at Jacaranda.

A home, he explains, is unlivable.

"My unit is in a condemned state," Shubin said of his condo.

Shubin shows us water damage to the condo in every single room. Some spots, according to this December 3 report, have microbial growth.

We were shown a video of rainwater flooding his patio illustrates the problem.

"This turns into Lake Wimbledon every time it comes," said Shubin.

He points to the land outside the patio as the culprit. He says the HOA failed to install proper drainage in the common area.

"Over the course of time has gotten underneath our unit," explained Shubin.

He says you can hear the water underneath one of the bedroom's tile floors. And we saw the titles shift easily when he stepped on them.

On June 30 last year, the HOA agreed to fix the common area and repair the damage.

The settlement agreement reads: "The Association agrees to be responsible to pay for the scope of work..."

"Immediately following that, it didn't come to fruition," said Shubin.

The original estimate to repair condo damages was slightly more than $40,000. 

The contractor listed in the settlement tells us it was based on the scope of work submitted by the previous HOA and management company.

By November 2021, the neighborhood had a new property management company, Jackson Lastra. Shubin says they told his family to vacate the condo for repairs.

The chosen contractor told us that is when they went inside the condo for the first time. They realized the scope of work differed from what was presented and that they were never offered a contract to begin work.

On November 19, Shubin's lawyer noted the company's owner wanted to cut Shubin a check "and be done with it since [the contractor] has no contract and wants nothing to do with this project."

The attorney responded, "WAJ breached [the] agreement." 

Jackson Lastra and WAJ have not responded to our numerous requests for comment.

Shubin claims it's because the first estimate was inadequate, showing us one from July 19 totaling $152,000 in home repairs.

"Delaying time which is ultimately costing us more money," added Shubin.

Renting in Weston, paying $4500, on top of the mortgage and HOA fees, waiting on their condo to be fixed.

"Get it back to a healthy situation where it's even livable," explained Shubin.

While the wait continues, residents of neighboring units explain mold covers blankets their homes.

"[HOA is] aware of the situation," mentioned Shubin. They've done nothing for either one of us. We are the ones suffering."

The Shubin family has filed another lawsuit to recoup costs for additional out-of-pocket expenses while renting in Weston. Shubin says they remain hopeful of reaching a financial settlement with Jackson Lastra and Wimbledon at Jacaranda.

If not, he says they intend to go to court to resolve the matter.

Shubin's homeowner's insurance is through the HOA. Since they and the property management group have not returned our calls, it's unclear if the group's insurance company or only the HOA would have to cover a new settlement agreement.

The housing crisis is leaving many desperate for help. That's why CBS News Miami wants to share your stories to show the crisis you're in or how you navigated the system. We will highlight these issues and work to get answers and solutions. Send us an email at housing@cbs.com

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