This webpage provides information on the Association's $587,555 East C Building Concrete Restoration Project.
East C Building Restoration Work
Swaysland Engineering recommended the following repair scope for the 40 East C building units:
Private Balconies
- Mobilize to the private balconies.
- Remove the 40 existing screen enclosures.
- Remove and reinstall, after repair, the 18 existing rail hurricane shutters.
- Remove the tile floor from 36 units. Tile floors are prohibited and will not be replaced.
- Remove and not reinstall 4 glass balcony enclosures.
- Remove and reinstall at least 4 sets of sliding glass balcony doors. These may have to be replaced with hurricane glass doors.
- Repair the deteriorated concrete in the 23 units with "moderate" damage and 9 units with "minor" damage.
- Further investigate for any damage in 35 of the units.
- Install new waterproofing coating/finish system at the balcony floor surface of all 40 balconies.
- Install 40 new screen and frame enclosures.
- Reinstall previously permitted, proper working condition shutters.
Public Walkways
- Mobilize to the public walkways.
- Remove the coating at repair areas.
- Repair the deteriorated concrete.
- Install new waterproofing coating at the repair areas. Match adjacent areas as best as possible.
Painting Sealing
- Repair all cracked and delaminated stucco.
- Pressure wash, prime and paint the building with a 10-year warranty wind-driven warranty finish coat.
- Install new perimeter sealant exterior doors and windows.
Swaysland Inspection East C Building
The Jupiter Bay Board of Directors voted at their 4/11/24 Board Meeting to accept an $857,555 bid from Daniello Construction for East C building concrete restoration. This bid was in response to Swaysland Engineering's 1/24/24 East C building Concrete Restoration Inspection Report.
Following is a summary of the report's contents:
- Inspection Date: Swaysland Professional Engineering Consultants, Inc. (SPEC) performed an inspection of the private balconies, public walkways, and building exterior during October 2023 and November 2023.
- Purpose: The purpose of the inspections was to identify the types and estimated amounts of concrete deterioration and to determine the appropriate method of repair and protection.
- Inspection Method: The inspection was performed by visual observation and acoustic emission where accessible from the walking surface. This report is based upon conditions that are observable via the inspection methods described above at the time of the inspection.
- Concrete Deterioration: Concrete naturally has a protection layer when it is originally cast. Over a period, the natural protection is lessened, and the chloride content increases, and, eventually, the corrosion process starts. This typically takes twenty (20) to thirty (30) years and will continue for the building’s life span.
- Balcony Inspections: All 40 of the total balconies were inspected. No visual inspection could be made of the private balcony concrete top surface at balconies with tile. The majority (36) of the balconies had a tile finish. No destructive testing was performed to conclusively determine the existence of deterioration beneath the tile finishes.
- Project Scope: There is enough concrete deterioration present to perform a comprehensive concrete repair project.
- Frames, Screens & Shutters: Screen enclosures and hurricane shutters will be removed. The screen enclosures are in a worn condition and will need to be replaced. For hurricane shutters to be reinstalled, they need to have been previously permitted with proof of permit and proper working condition.
- Public Walkways: Concrete deterioration was observed at the public walkway slab top, bottom, and edge surfaces. The deterioration was in the form of spalling and cracks. Additionally, isolated areas of cracking and spalling were observed at building columns.
- Recommended Repair: A comprehensive concrete repair project should include the removal of existing balcony finishes and include waterproofing the balcony slab surfaces to provide maximum protection for the building. You should be prepared to make additional repairs and paint within the next 7 to 10 years.
- Cost Overruns: You can expect extra work and extra charges above and beyond the original contract price or estimate. These extras usually amount to about 25% or more of the original cost estimate but can be more depending on the severity of the deterioration. However, there have been instances where the cost of a concrete repair project has been double or triple the estimate even through a competent investigation was made. Since your project includes unknowns, i.e. coatings and tiles, you can expect that your cost will exceed the contract price or estimate, and contingency is necessary.
East C is a 5-story building with 8 units on each floor (40 units total). In general, balcony concrete restoration projects address a column (stack) of units at a time. Following is a summary of findings for each column of units (Note that 23 units are confirmed to have moderate damage and 87.5% need further investigation):
| Building Stack | Severe | Moderate | Minor | No Damage | Needs Further Investigation |
| Column #1 | 0 | 2 | 3 | 0 | 5 |
| Column #2 | 0 | 3 | 2 | 0 | 5 |
| Column #3 | 0 | 2 | 0 | 3 | 5 |
| Column #4 | 0 | 1 | 2 | 1 | 2 |
| Column #5 | 0 | 3 | 0 | 2 | 5 |
| Column #6 | 0 | 4 | 1 | 0 | 5 |
| Column #7 | 0 | 5 | 0 | 0 | 4 |
| Column #8 | 0 | 3 | 1 | 0 | 4 |
| TOTAL | 0 | 23 | 9 | 6 | 35 |
A complete copy of Swaysland Engineering's East C building Concrete Restoration Inspection Report is available in the "Bids & Contracts" folder of the Jupiter Bay Condominium Association website.
East C Building Restoration
The following email was sent to Jupiter Bay's Board of Directors on 4/10/24 regarding a vote to be taken at the 4/11/24 Board Meeting to begin East C building concrete remediation in May.
Jupiter Bay Board,
Following is my FL Statute 553.899 summary and my concerns regarding the Board’s proposed approval of “Concrete Remediation for C East” at the April 11, 2024, Board Meeting.
- FL Statute 553.899(2)(a) defines a Milestone Inspection as:
- Attesting to the life safety and adequacy of the structural components of the building and, to the extent reasonably possible,
- Determining the general structural condition of the building as it affects the safety of such building, including a determination of any necessary maintenance, repair, or replacement of any structural component of the building.
- Upon completion of a milestone inspection, the engineer who performed the inspection must submit to the association a report which:
- Identifies any substantial structural deterioration, describes the extent of such deterioration, and recommends repairs for such deterioration.
- States whether unsafe or dangerous conditions, as those terms are defined in the Florida Building Code, were observed.
- Recommends any remedial or preventive repair for any items that are damaged but are not substantial structural deterioration.
- FL Statute 553.899(2)(b) defines “Substantial Structural Deterioration” as:
- Substantial structural distress or substantial structural weakness that negatively affects a building’s general structural condition and integrity.
- The term does not include surface imperfections such as cracks, distortion, sagging, deflections, misalignment, signs of leakage, or peeling of finishes unless it is determined that such surface imperfections are a sign of substantial structural deterioration.
- I read nothing in this statute that requires minor surface imperfections to be immediately addressed, particularly ahead of more serious issues in buildings other than East C.
- It is not clear to me whether the Association has completed a milestone inspection and what this inspection reveals. Yet the Board is proposing to proceed full speed ahead with repairs to a single East building, which may not be the one with the most serious issues. I have not received the required unit owner notification.
- The Board is seeking approval for a major $857,555 project that has not been funded. I do not believe that this decision can be made without unit owners knowing the financial impact of the decision – i.e., what will each East owner have to pay and how is it to be paid? If a special assessment, how much and when? What will remaining repair work (for other buildings) cost and when will it be funded?
- Since approval of this item requires a special assessment, Florida statutes require a two-week notice with discussion document sent in advance.
- What is the basis for selecting the East C building over the other buildings? The last report disclosed to Jupiter Bay Homeowners was Swaysland’s December 2020 inspection report showing only one East unit having severe damage, and it was in the East B building.
- The recommended Daniello bid does not address which units will be repaired and the extent of their damage. Yet it replaces screens and frames for all East C units regardless of whether they have repairs.
- In their bid, Daniello shows that some existing structures must be replaced. How does Daniello know how many hurricane shutters to remove/reinstall and how many sliding glass doors to remove/reinstall?
- Wouldn’t it be important to first notify unit owners of whether their unit is to be repaired and owner impact? What is the implication of an owner having a glass enclosed balcony or tile flooring?
- Instead of addressing repairs building-by-building, why not remediate the most severe units, then the moderate ones, etc. This approach would address the most serious issues first, improving our compliance with the statute.
Regards,
Paul St. Clair, LCAM
No Milestone Inspections to Justify East C Repairs
The following are details confirming the conclusion that the Association is spending $857,555 on East C building repairs that are not based on a milestone inspection and are probably unnecessary under the structural damage repair mandate. Also, it is unclear whether milestone inspections or concrete restoration inspections are being performed on the other buildings. So far Association members have not seen any milestone inspection reports or the required report summaries.
Attorney Letter: On April 29, 2024, I sent a written inquiry to the Jupiter Bay Board asking whether Swaysland’s East C Concrete Restoration Inspection was a Milestone Inspection. The Association’s attorney provided a response to the question via certified mail on July 1, 2024, approximately two-months later. Her answer was “The 2020 and 2024 Swaysland Engineering inspection reports are not milestone inspection reports.”
April 19 Letter: The Attorney’s response contradicts the Association’s April 19, 2024, letter to Jupiter Bay members which said the following:
- Because of the new legislation passed by the Florida State Assembly and Senate, a mandate is in place that requires deficiencies of substantial structural damage to be addressed. The House Committee, Board of Directors, our law firm Rosenbaum Attorneys at Law, Swaysland Engineering and Triton Property Management all understand this state mandate and are operating in accordance with its' directives.
- At the April Board meeting, the Association President read aloud a communication from Swaysland’s V-P of Engineering which said, "Per the new milestone requirements, you are mandated to make repairs of substantial structural deterioration. We consider the concrete spalling located at the [East C] building to be substantial structural damage per its' definition.”
- C East is the starting point for the concrete remediation under the new state mandates.
- We are addressing every unit in East C. We only addressed the stacks that had critical units in the West buildings because there was no state mandate in place when we began the West project. Now that we are under a state mandate, we must address all deficiencies identified.
- A and B East are currently being inspected as part of the ongoing milestone inspections. The remaining buildings, not already inspected, will have their inspections completed by August.
- It is extremely important to point out that we are ahead of the curve in that we have secured Swaysland Engineering to conduct the milestone survey. We are also extremely fortunate to have a commitment from Daniello Construction.
- A and B East are currently being inspected as part of the ongoing milestone inspection. The remaining buildings, not already inspected, will have their inspections completed by August.
Spring Newsletter: The Association President, in the spring addition of the JB Connection Newsletter, said that “Swaysland Engineering will be conducting state mandated milestone inspections for C and D West in June and E-West and D-East in July. When the inspections are completed, it takes about one month for Swaysland to compile and recap the surveys. Once our association receives the results, we will post them on our website.” (So far, no milestone inspection reports are posted on the Association website.)
Letter to Jupiter Bay Board 2024-05-09
TO Jupiter Bay Board:
The East C building “repair” project is currently unfunded. There’s been no communication regarding funding, and there’s no published plan to do similar work in any other Jupiter Bay building. The Board cannot approve and begin work on an unfunded project.
I have read the Swaysland East C Concrete Restoration Inspection Report and believe that its content must be communicated and explained to the unit owners. The Report says that no units in this building have “severe” structural damage. The estimated $857,555 cost is for the following work on the East C building much of which has never been done before on any Jupiter Bay building:
- Remediate the 23 units with “moderate” damage and 9 units with “minor” damage.
- Replace balcony frames and screens in all 40 units.
- Tear out and not replace the tile floors in 36 units and waterproof all 40 balcony slab surfaces.
- Remove and reinstall 18 rail hurricane shutters.
- Remove and not reinstall 4 glass balcony enclosures.
- Remove and reinstall at least 4 sets of sliding glass balcony doors.
According to Swaysland’s engineer this $857,555 estimate is “likely to overrun by 25% or as much as 2-3 times the original estimate”. This will not only drain all the East building restoration/spalling reserves intended for use by all East unit owners but will require at least a $2,146 special assessment from each owner, including the 95 East owners in the other buildings who receive no benefit from this expenditure.
Similar work in all other Jupiter Bay East, West, and Villa buildings could cost every Jupiter Bay owner a $14,973 to $17,392 special assessment.
This work in a single building is being contemplated at a time when budgets and unit owner costs are skyrocketing and are expected to continue to rise:
Budgets
- Last year the Association overspent its operating budget (excluding insurance) by $175,078.
- Budgets have increased 16.74% last year and 17.24% this year. Inflationary increases in labor, material, and service costs will require further operating cost increases next year.
- Reserve balances decreased by 12.5% last year and reserve funding was reduced by $129,488 this year increasing the likelihood of future special assessments to cover shortfalls.
- Insurance rates increased 360% over the last 4 years requiring special assessments each year, and they are expected to continue to increase.
Future Expenditures
- A three-year property appraisal, required this year, is expected to increase property insurance premiums by 20% to 30%.
- The Association will soon have to pay for repairing any units with Phase II “Substantial Structural Deterioration” at a time when building restoration/spalling reserves are at 2021 levels. These costs are unknown, and information regarding plans and the status of community-wide Milestone Inspections and associated repair estimates has not been provided.
- Results of the Structural Integrity Reserve Study (SIRS) will require significant increases in reserve contributions to be reflected in the 2025 budget. No communication regarding SIRS status has been provided.
- The Association is planning to spend an unbudgeted $32,246 plus electrical installation costs for security surveillance cameras with ongoing expense of approximately $1,000 per month ($294 service cost plus Comcast internet).
The Board needs to improve its communication with Jupiter Bay owners regarding Milestone Inspections, SIRS, and the East C project, its total cost/funding, and plans for similar work on other buildings/units.
Paul St. Clair, LCAM
East C - The Rest of the Story
Through two official records requests and an official inquiry, I learned the following after waiting nearly 60 days:
- In February 2023 the Jupiter Building Department told the Association that they are to begin Milestone Inspections of all buildings over 3 stories in height.
- The Association waited 11 months to do their first inspection. However, the Board used scarce engineering resources to do a Concrete Remediation Inspection, not a Milestone Inspection nor Structural Integrity Reserve Study (SIRS).
- Then, the Association wrongly told members that this East C Concrete Inspection was a Milestone Inspection and the basis for a $857,000 East C building “repair” project. Their April 19th letter said that “C East is the starting point for concrete remediation under the new state mandates.” The new statutes would only have required C East units to be repaired if a both a phase one and phase two Milestone Inspection had been done and these inspections found "substantial structural deterioration" in one or more units. This didn't happen!
- Milestone inspections of all Jupiter Bay buildings over 3 stories and a SIRS need to be completed by yearend. So far, members have received no information on completed Milestone Inspections nor an update on the SIRS.
East C Building Remediation - Unit Owner Questions with Attorney Answers
East C building unit owners are concerned about the repairs and renovations of their balconies. Very little information has been provided by the Association regarding the impact of this mostly unnecessary work to their units particularly to their balcony upgrades. On April 29 I sent an Official Written Inquiry to the Board requesting answers to 7 questions. Following are the questions followed by the answers which I received from the Association attorney on July 1 (2 months latter):
- Will all owner-installed balcony modifications be removed at the Association’s expense? Will owners be allowed to have them reinstalled? Who pays for the reinstallation?
- Attorney Answer: The Board will rely upon the engineer regarding reinstallation requirements and removal requirements.
- 36 units showed tile flooring on the balconies. The bids did not estimate the cost for tile removal. Who is paying for the removal, and is the cost being charged back to the unit owners?
- Attorney Answer: The Association, based upon governing document and incidental damage requirements. (Note: See the Repair page for a description of incidental damage)
- What will be the patio floor finish? What if the owner would like stamped concrete, which is an approved finish?
- Attorney Answer: Owners will have three options for finish.
- What about the units that have had their frames and screens recently replaced?
- Attorney Answer: Board will base decisions regarding existing screen enclosures on engineering advice, which considers if code requirements can be achieved to be put back on unit(s).
- If a sliding glass door needs to be removed, can they be reinstalled without upgrading to hurricane glass. If upgraded, will the cost be charged back to the homeowner?
- Attorney Answer: They will be replaced pursuant to the Town of Jupiter code. If necessary and removal is required, then the Board adheres to the incidental damage provision requiring replacement at Association cost.
- The Swaysland Report says that the building will be pressure washed, primed, and painted with a 10-year warranty wind-driven warranty finish coat. What all will be painted? What about color matches with already-painted balconies?
- Attorney Answer: Areas where work is performed and where there is a substantial area requiring paint. Yes, same color.
- The Swaysland Report says: “install new perimeter sealant exterior doors and windows.” What doors and windows?
- Attorney Answer: The excerpt from the report referenced in the question is referring to the sealing of windows and doors. The windows and doors, if this reference is applicable to any window and doors in the building, will be sealed as necessary.