Pembroke Pines

‘It's not right': Heron Pond residents facing tough choices after being ordered out

The remaining residents at Heron Pond Condominium have until Aug. 29 to vacate their homes after the city of Pembroke Pines deemed buildings unsafe. NBC6 Investigates how the complex got to this point and the allegations against the previous board. 

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The clock is ticking for hundreds of people living in the Heron Pond condominium in Pembroke Pines. NBC6’s Amy Viteri reports

The clock is ticking for hundreds of people living in the Heron Pond condominium in Pembroke Pines.

In July, the city gave residents until the end of August to vacate their homes after the entire complex was deemed unsafe. Photos from the condo community show damage from termites and water, along with rotted balcony beams and other issues. 

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Cecilia Picon, 83, called Heron Pond home until September 2023 when she was ordered to vacate her unit at the complex.

“They did not give my mother an ETA, as far as to when she would be able to come back,” said her son Edward Picon.

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Starting in August of last year, residents in over half of the complex’s buildings were ordered out due to structural safety issues. Picon says his mother is now staying with his brother, waiting to see what becomes of the only home she’s ever owned.  

“She's been displaced for almost a year, and God only knows for how much longer,” he said. 

Time is running out for residents who live in the Heron Pond condominiums after their homes were deemed unsafe. NBC6's Amy Viteri reports

In July, engineers released a new report indicating their inspections at the property revealed even deeper issues. Along with the visible structural damage, engineers cited inadequate design and construction of the complex, prompting concerns the buildings may not withstand high winds.

Following that report, the city ordered all residents out by August 29, or potentially sooner in the event of a tropical storm warning.

“Honestly, I don't even know what to say because this is so complicated,” said Rafaela Guerreiro, a single mother who lives in the condominium. “And the rent price is so high, everything, the cost of living is so high.”

Guerreiro said she is being forced to move out with her 8-year-old son and change schools.

“I found a place affordable two hours away from here,” she said.

Edward Picon told NBC6 Investigates it’s been one problem after another. In January, his mother’s apartment was burglarized. According to a Pembroke Pines Police report obtained by NBC6, someone may have entered through the attic.

“They pretty much ransacked the place. They stole my mom’s new furniture, my mom’s dining room table,” he said.

On top of that, she now owes around $10,000 in a special assessment for the condo repairs.

“She relies solely on social security and social assistance. She doesn't have that kind of money. She just doesn't,” Edward Picon said.

The struggles have prompted many to ask how the complex got to this point.

Court records show the association petitioned to have a receiver appointed to manage the property in April. That petition outlines allegations the previous board of directors “willfully and intentionally mismanaged the association and failed to perform routine, necessary maintenance…”

The petition claims the prior board was controlled by representatives for a single trust, Federated Foundation Trust, which owned over a third of the units at Heron Pond. It alleges none of those units were paying monthly fees, hindering repairs. It goes on to say, “It’s believed these individuals may have wanted the Association’s common elements to fall into a state of disrepair so that they could acquire more units within the Association at a reduced/discounted cost.”

According to the petition, a board member known as “Peter Patel” was the man behind the trust, who resigned late last year after several lawsuits were filed against him and the association. It also alleges Patel is a fictitious name, and his real name is Piyush Viradia.

NBC6 Investigates contacted the man who identified himself as Peter Patel. He confirmed his real first name is Piyush and says Peter is a nickname. He says he and relatives own condos at Heron Pond and other communities through various trusts to operate as rental properties.

Piyush did not want to answer questions on camera but asked to meet in person to dispute the claims against him, stating, “We worked extremely hard to secure permits and try to save as many units as we could from getting vacated.” He added he openly challenges any allegations of misappropriation of funds and described the lawsuits against him as frivolous.

Piyush also provided a bank wire statement showing his trust paid $352,481 in June, part of the money he said was owed to the association.

The Heron Pond Condominium at 8400 SW 1st Street received an evacuation order for the third time since August of 2023. The remaining 170 units have to evacuate no later than Aug. 29.

“There basically was like a lack of maintenance,” said Pembroke Pines Assistant City Manager Michael Stamm Jr., adding the city was left with no option. 

“Our building official and Fire Marshall in conjunction with their engineers have determined that these units just aren’t safe for people to live in,” Stamm said. “The outside and the bones of the building is what we’re finding is damaged.”

Stamm said the city had been asking for specific reports on conditions at the complex for around two years, but the association had not provided all information required to secure permits.

“The current reports will show you, there was a lot of unpermitted repairs made to the buildings,” Stamm said, “They put stucco over rotted wood in some situations.”

NBC6 Investigates found engineering reports as early as 2021 outlined poor conditions at the property, including termite infestations and cracking exterior walls. According to city records, the permit applications to fix the problems weren’t submitted until September of last year, after some units were already vacated.

“Those permits were only for balconies, bay windows, and staircases,” according to Stamm, “But we know based on the reports that we've received from their engineers that the damages go much further than those elements.”

And the costs keep adding up, the appointed recently receiver sent a survey to owners outlining two options for the community: An upfront assessment of at least $40,000 to fund repairs, or to sell the property.

Options Edward Picon feels leave his mother behind. “A person that has never owned anything in her life,” he said. “She finally owns something, and now she doesn’t have it.”

Stamm says the city is partnering with the county to help relocate people who meet income requirements and can provide documentation, such as a lease agreement. He said the city also has a limited number of apartments to try to place people. The city of Pembroke Pines has additional information available on this website.

“The community has faced countless hardships,” Stamm said. “This is affordable housing. So, trying to find comparable affordable housing is really challenging.”

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