Condo Fix

Judge puts Wildwoods condo fix in local hands
By TRUDI GILFILLIAN Staff Writer, (609) 463-6716
Press of Atlantic City
Published: Saturday, April 22, 2006
Updated: Saturday, April 22, 2006

CAPE MAY COURT HOUSE — The Joint Construction Office of the Wildwoods received a green light Friday to find solutions to the construction troubles that have plagued almost 500 condominium units in the Wildwoods.

Superior Court Judge Steven Perskie said he was remanding the issues to JCOW, meaning that office will determine how to resolve the fire-safety and construction problems.

A state audit found 79 properties with about 500 units should have been evaluated as R-2 residential properties, which are required to meet certain standards regarding fire-wall separation, fire-suppression systems and other code standards. Instead, the properties were evaluated using classification and code requirements for a less stringent R-3 design.

The state said the construction of those properties was not properly reviewed by the developers, architects or JCOW.

The result was that permits were issued, inspections were made and certificates of occupancy were issued even though the buildings did not comply with local building codes to varying degrees.

Perskie said some of the condominium associations are prepared to make a deal to fix the problems, but the concern is whether the state Department of Community Affairs, or DCA, will step in and say that JCOW's solutions are unacceptable.

State Deputy Attorney General Julie Cavanaugh said the DCA has the ability to monitor what is being done, but she said the state has confidence in island construction official Mario Zaccaria and will not interfere with his decisions.

“The DCA has no intentions of second guessing the judgment of Mr. Zaccaria,” Cavanaugh said.

She said the DCA will answer any questions related to construction or the materials used, but the resolution is in JCOW's hands.

Perskie said it is now up to JCOW to make whatever deals it is going to make with the various condominium associations, builders and architects involved.

Attorney Glenn P. Callahan, representing JCOW, said now that the DCA has made it clear that Zaccaria and JCOW have jurisdiction, they can focus on the solutions.

“Every building will be made code-compliant,” Perskie added.

Once the decision is made on how to fix each building, the issue of who pays can be decided, Perskie said.

Attorney Michael Hiene, representing condominium owner William Morelli, also spoke. He said his client, who owns a unit at Schooner Bay Condominiums, said there are a number of very serious code deficiencies and he asked that JCOW be left to do its job.

Fifteen of the 16 owners in Schooner Bay agreed to a solution that involved the use of a spray-on fire retardant in the interior, but Morelli opposed the idea.

Since then, the DCA has said it does not approve of the product, called No Burn, but Callahan said other products that do the same job are available.

Claire Herm, president of the Schooner Bay Condominium Association, said she is happy with the judge's decision and she hopes the resolution to Schooner Bay's code violations can now be completed.

“It is just time to get it fixed,” Herm said, adding, “If Morelli doesn't like it, go live somewhere else.”

Callahan said he has met with 15 groups of condo owners, architects and builders in the past two weeks and at least six of those are ready to be taken off the list of problem buildings.

Work on at least one of the affected condominium buildings is expected to begin Monday, he said.

Perskie said Callahan should file a new complaint by May 31 naming any buildings where problems still remain so the court can then address those issues.

To e-mail Trudi Gilfillian at The Press:TGilfillian@pressofac.com