As you can imagine, especially the attorneys
and the board members are unhappy with this bill, since it creates checks
and balances and intends to protect unit-owners from many known abuses.
Below you find a few copies of e-mails sent to the members of the House
Committee on Business Regulation. Many of these senders were kind enough
to copy CCFJ, Inc. But any correspondence to legislators is anyway public
record! You'll find some interesting statements.
A Memorandum, written by Gary Poliakoff
on 3/8/2004, caused many of the board members to send these e-mails. Some
even use parts of it. See below!
This memorandum starts with this opening
(QUOTE):
Dear Members of the
Board:
The above advisory
warning is not a joke. During the 31 plus years I have been an advocate
for the rights of condominium unit owners, as well as for laws granting
condominium association boards of directors the necessary authority to
maintain and operate the condominium in a manner that protects the rights
and interests of ALL unit owners, I have never seen proposed legislation
which is more destructive of the condominium concept than HB 1223 and its
Senate Companion, SB 2498.
I don't want to argue about the merits
of his statements. Just read the article about the hearing. I just thought
you might like these e-mails for future references. Here we go!
ATTORNEYS FIRST:
-----Original Message-----
From: Michael E. Chapnick [mailto:[email protected]]
Sent: Tuesday, March 09, 2004 3:08 PM
Subject: House Bill 1223
As a firm primarily devoted to the representation of Community Associations,
presently representing approximately four hundred and fifty community associations
throughout Broward, Miami-Dade, and Palm Beach Counties, we would like
to express our concern and opposition to House Bill 1223, scheduled to
be heard before the Florida House Business and Regulations Committee on
March 10, 2004. As you know, common interest communities are managed and
operated by volunteer Boards of Directors who contribute considerable time
and energy, without compensation, to ensure that their most highly valued
investment is properly maintained. Under the best of circumstances it is
difficult to obtain volunteers to serve on these boards of directors due
to the investment of time which is typically required. Further, these volunteer
board members are frequently subjected to verbal, and occasionally, physical
abuse by members of the community who are either dissatisfied with association
operations, or the fact that these disgruntled members are being required
to comply with the association's governing documents. Addressing issues
of community association covenants is certainly a noble and worth while
undertaking for the legislature. However, the proposals contained within
House Bill 1223 would likely have the effect of making it more, and not
less, difficult for community associations to operate. Therefore, we respectfully
request that House Bill 1223 not be reported out of Committee.
Michael E. Chapnick
The Law Offices of Katzman & Korr
Inverrary Financial Center - 2nd Floor
5581 West Oakland Park Boulevard
Lauderhill, Florida 33313
Tel: 954.486.7774
Fax 954.486.7782
Web: www.katzkorr.com
-----Original Message-----
From: Mark Heinish [mailto:[email protected]]
Sent: Tuesday, March 09, 2004 11:07 AM
Subject: community association legislation
I am not in favor of the proposed legislation, which appears to take
a shot gun approach to killing a pesky fly. See below talking points
from CAI.
TALKING POINTS:
I regret to tell you that our group has many serious concerns about
these bills, some of which I outline below. Among the things that
this bill proposes to do are the following:
1. To divest owners of multiple units
of more than one vote. This would deprive owners of more than one
unit a voice equal to their financial investment in the community.
We believe this is both an unconstitutional taking of the property rights
of existing owners and a disincentive to further development of condominiums
in Florida since it fails to make an exception for units owned by condominium
developers. (Proposed change to S. 718.104(4)(j), Fla. Stat.)
2. To create a second class of owners with
rights different from existing owners. Those new owners could not be restricted
by amendments duly adopted by the members of the association that could
operate to " ....restrict[...] unit owners' rights relating to the rental
of units, keeping of pets, or allocation of parking spaces." The language
of the proposal is unnecessary vague. For example, does a limit on the
number of occupants in a unit to prevent overcrowding, or the setting of
a minimum rental period to prevent short term hotel-like operations, restrict
rental rights? Does the designation of pet-free zones such as elevators,
to assist allergic or pet averse persons restrict pet rights? Also,
the creation of a second class of owners whose rights are dependent entirely
upon when they bought creates equal protection problems when imposed by
state action, and the courts have uniformly stricken private amendments
that attempt to do the same thing. (Proposed addition of 718.110(13), Fla.
Stat.)
3. To restrict who can serve on the volunteer
Board of Directors of a condominium association by:
(A) Prohibiting anyone who
hasn't actually lived in the condominium for at least one-quarter of the
year preceding the election from serving. (No provision is made concerning
non-election appointments.) This has the effect of preventing investor
owners and others who, because of illness, business, travel or other exigencies
of life have been absent from their property from acting fully to protect
their investments, particularly when the Condominium Act allows Directors
to attend Board meetings via speakerphone, and
(B) Imposing term limits
of two (2) years on any serving director, and
(C) Requiring criminal background
checks on all volunteer candidates, These checks would be available
to all owners (and hence available for further dissemination, notwithstanding
any public records exceptions), and
(D) Prevent persons within a wide
degree of relationship (e.g. second cousins, half- and step-relations,
and even great uncles and aunts) from serving on a Board of Directors at
the same time.
The pool of candidates who are available and willing
to serve in these usually thankless positions is small enough without making
it smaller through use of arbitrary and unfair distinctions. The invasiveness
of these proposals is enough, we feel, to drive off the typical, well-intentioned
volunteer.
The language also neglects to differentiate the
actions of condominium developers, thus preventing developers from controlling
boards for more than two (2) years during development and build-out, or
preventing members of family-owned development companies from having their
family members serving on the developer-controlled board. (Proposed
addition of Section 718.1125, Fla. Stat.)
4. To prevent associations from fully collecting
unpaid assessments, interest, costs and late fees, and delaying when a
condominium may act to collect a delinquent account. As any person
can understand, to maximize collections you need to minimize the amount
you are trying to collect. By delaying the collection process the
bill only increases the likelihood that not all assessments and related
charges will be recovered. When a condominium fails to collect from one
owner, all of the others must make up the difference. Also, by changing
the order in which partial payments are applied and preventing some debt
from becoming the subject of a lien, associations will likely have to forget
collection of interest and late fees, something that is required of no
other Florida business. Finally, by attempting to increase by five
(5) fold, the potential liability for unpaid assessment imposed on first
mortgage holders, the proposal will reduce the availability of mortgage
financing for owners and incur the enmity of the mortgage banking interests.
(Proposed amendments to Section 718.116, Fla. Stat.)
5. To impose criminal liability for maliciously
imposing a lien for the purpose of trying to acquire a unit. While
we suspect that this sort of action is quite rare, we foresee that counterclaims
based on this theory will be interposed in many, many lien foreclosure
actions, as an attempt to impose personal liability and take retribution
on directors who have to make the difficult decision to foreclose the association's
lien. (Proposed addition of Section 718.116(6)(e), Fla. Stat.)
6. To interfere with the performance by the
association of its necessary and statutory duties, such as maintaining,
repairing and replacing the common elements. This occurs through the use
of this vague proposed language:
.... any action of the board, even those characterized
as special assessments, that imposes a financial hardship on any or all
of the unit owners must be ratified by a majority of the voting interests
at a duly convened meeting of the association to be held within 60 days
of such action or such action shall be void.
As you may know, most associations face real problems
with apathy. If a majority of the members can not be cajoled into
voting on a necessary repair, it cannot be undertaken. Consider what
will occur in a natural disaster when the members are disbursed and difficult
to find at the very time when necessary action is most needed. In an apathetic
or highly absentee community essential services may go begging, simply
because a single owner alleges "financial hardship." As bad, the
proposal fails to give any objective standard for what constitutes a financial
hardship. A single owner operating in bad faith could downgrade the
standards of an entire community. (Proposed addition of Section 718.3025(4),
Fla. Stat.)
7. To require competitive bidding for all goods and
services, even as to its employees. We suspect that it will be unrealistically
hard to find three (3) maintenance workers willing to bid against each
other for a part time job. (Proposed amendment to Section 718.3026, Fla.
Stat.)
8. To mandate training by the Division
of Florida Land Sales, Condominiums and Mobile Homes for all new board
members, thereby imposing yet new financial obligations on an over-burdened
and shrinking state government. (Proposed amendment to Section 718.501(1),
Fla. Stat.)
9. To create both an ombudsman and advisory
council with broad powers and a mandate to assist owners in disputes with
their associations. Again, we feel this is neither a wise use of
tax resources, nor an appropriate balancing of the rights of individual
owners and their collective associations.
We respectfully suggest that the proposals in the bill are vague, poorly
drafted, ill-conceived and not at all in the best interests of the citizens
of the State of Florida or your constituents.
Mark M. Heinish
The Law Offices of Katzman & Korr
Inverrary Financial Center - 2nd Floor
5581 West Oakland Park Boulevard
Lauderhill, Florida 33313
Tel: 954.486.7774
Fax 954.486.7782
Web: www.katzkorr.com
-----Original Message-----
From: Robert Kaye [mailto:[email protected]]
Sent: Tuesday, March 09, 2004 11:12 AM
Subject: House Bill 1223
This law firm represents approximately 400 community associations in
Broward, north Miami-Dade and South Palm Beach counties. The proposals
being considered in House Bill 1223. Among the negative results of
this
bill are the following:
1. To divest owners of multiple units of more than one vote. This would
deprive owners of more than one unit a voice equal to their financial investment
in the community. We believe this is both an unconstitutional taking of
the property rights of existing owners and a disincentive to further development
of condominiums in Florida since it fails to make an exception for units
owned by condominium developers. (Proposed change to S. 718.104(4)(j),
Fla. Stat.)
2. To create a second class of owners with rights different from existing
owners. Those new owners could not be restricted by amendments duly adopted
by the members of the association that could operate to " ....restrict[...]
unit owners' rights relating to the rental of units, keeping of pets, or
allocation of parking spaces." The language of the proposal is unnecessary
vague. For example, does a limit on the number of occupants in a unit to
prevent overcrowding, or the setting of a minimum rental period to preventshort
term hotel-like operations, restrict rental rights? Does the designation
of pet-free zones such as elevators, to assist allergic or pet
averse persons restrict pet rights? Also, the creation of a second
class of owners whose rights are dependent entirely upon when they bought
creates equal protection problems when imposed by state action, and the
courts have uniformly stricken private amendments that attempt to do the
same thing.
(Proposed addition of 718.110(13), Fla. Stat.)
3. To restrict who can serve on the volunteer Board of Directors of
a
condominium association by:
(A) Prohibiting anyone who hasn't actually lived in the condominium
for at least one-quarter of the year preceding the election from serving.
(No provision is made concerning non-election appointments.) This has the
effect of preventing investor owners and others who, because of illness,
business, travel or other exigencies of life have been absent from their
property from acting fully to protect their investments, particularly when
the Condominium Act allows Directors to attend Board meetings via speakerphone,
and
(B) Imposing term limits of two (2) years on any serving director,
and
(C) Requiring criminal background checks on all volunteer candidates,
These checks would be available to all owners (and hence available for
further dissemination, notwithstanding any public records exceptions),
and
(D) Prevent persons within a wide degree of relationship (e.g. second
cousins, half- and step-relations, and even great uncles and aunts) from
serving on a Board of Directors at the same time.
The pool of candidates who are available and willing to serve in these
usually thankless positions is small enough without making it smaller through
use of arbitrary and unfair distinctions. The invasiveness of these proposals
is enough, we feel, to drive off the typical, well-intentioned volunteer.
The language also neglects to differentiate the actions of condominium
developers, thus preventing developers from controlling boards for more
than two (2) years during development and build-out, or preventing members
of family-owned development companies from having their family members
serving on the developer-controlled board. (Proposed addition of Section
718.1125, Fla. Stat.)
4. To prevent associations from fully collecting unpaid assessments,
interest, costs and late fees, and delaying when a condominium may act
to collect a delinquent account. As any person can understand, to maximize
collections you need to minimize the amount you are trying to collect.
By delaying the collection process the bill only increases the likelihood
that not all assessments and related charges will be recovered. When a
condominium fails to collect from one owner, all of the others must make
up the difference. Also, by changing the order in which partial payments
are applied and preventing some debt from becoming the subject of a lien,
associations will likely have to forget collection of interest and
late fees, something that is required of no other Florida business. Finally,
by attempting to increase by five (5) fold, the potential liability for
unpaid
assessment imposed on first mortgage holders, the proposal will reduce
the availability of mortgage financing for owners and incur the enmity
of the mortgage banking interests. (Proposed amendments to Section 718.116,
Fla.
Stat.)
5. To impose criminal liability for maliciously imposing a lien for
the purpose of trying to acquire a unit. While we suspect that this sort
of action is quite rare, we foresee that counterclaims based on this theory
will be interposed in many, many lien foreclosure actions, as an attempt
to impose personal liability and take retribution on directors who have
to make the difficult decision to foreclose the association's lien. (Proposed
addition of Section 718.116(6)(e), Fla. Stat.)
6. To interfere with the performance by the association of its necessary
and statutory duties, such as maintaining, repairing and replacing the
common elements. This occurs through the use of this vague proposed language:
... any action of the board, even those characterized as special assessments,
that imposes a financial hardship on any or all of the unit owners must
be ratified by a majority of the voting interests at a duly convened meeting
of the association to be held within 60 days of such action or such action
shall be void. As you may know, most associations face real problems with
apathy. If a majority of the members can not be cajoled into voting on
a necessary repair, it cannot be undertaken. Consider what will occur in
a natural disaster when the members are disbursed and difficult to find
at the very time when necessary action is most needed. In an apathetic
or highly absentee community essential services may go begging, simply
because a single owner alleges "financial hardship." As bad, the proposal
fails to give any objective standard for what constitutes a financial hardship.
A single owner operating in bad faith could downgrade the standards of
an entire community. (Proposed addition of Section 718.3025(4), Fla. Stat.)
7. To require competitive bidding for all goods and services, even
as to its employees. It will be unrealistically hard to find three (3)
maintenance workers willing to bid against each other for a part time job.
(Proposed
amendment to Section 718.3026, Fla. Stat.)
8. To mandate training by the Division of Florida Land Sales, Condominiums
and Mobile Homes for all new board members, thereby imposing yet new financial
obligations on an over-burdened and shrinking state government. (Proposed
amendment to Section 718.501(1), Fla. Stat.)
9. To create both an ombudsman and advisory council with broad powers
and a mandate to assist owners in disputes with their associations. Again,
it is suggested that this is neither a wise use of tax resources, nor an
appropriate balancing of the rights of individual owners and their
collective associations.
It is respectfully suggested that the proposals in the bill are vague,
poorly drafted, ill-conceived and not at all in the best interests of the
citizens of the State of Florida or your constituents. You are urged
not to support this legistlation.
REMARK: This e-mail wasn't signed.
But the e-mail address goes back to:
Robert L Kaye
Robert Kaye & Associates P A
6261 NW 6th Way Ste 103
Fort Lauderdale Florida 33309-6103
954/928-0680
From: Leigh Katzman [mailto:[email protected]]
Sent: Tuesday, March 09, 2004 10:46 AM
To: Betty Marshall (E-mail); Bill Sugarman
(E-mail); BOGEN2000 (E-mail); Carol Eskew (E-mail); Cleo Crismond (E-mail);
Steve Fischer; Donn Grushka (E-mail); Elliot Schiller - Hidden Lake (E-mail);
Flamgr (E-mail); Henry Crouser (E-mail); Henry Crouser H (E-mail); Howard
Koslow (E-mail); Inc. BOD - Mark Goodman LMHOA (E-mail); Jaison Lecount
VORM (E-mail); James Nyquist (E-mail); Ira Goldfarb (E-mail); Jan Carrol
(E-mail); Javier FTL Bardales (E-mail); Jessica Conover (E-mail); Joel
Messinger (E-mail); John Keating (E-mail); Karin YANEZ (E-mail); Lorraine
Nathanson (E-mail); Marilyn Meyers (E-mail); Mark Poff (E-mail); Marshall
Kremen (E-mail); Rad DIAZ (E-mail); Robert Barea (E-mail); Ron Shayne (E-mail);
Rose McKay (E-mail); RPTL (E-mail); Stuart T. Kapp (E-mail); SwiftMgmt
(E-mail); SwiftMgmt (E-mail 2); Vip_Mgmt (E-mail); Vito A. Gambelunghe
(E-mail); Vito Gambelunghe (E-mail); VOR Board (E-mail)
Subject: FW: CAI-FLA: Legislative
Call To Action
Hello All, I have received this e-mail
today from the Florida Legislative Alliance of CAI. It is imperative
that this e-mail be immediately distributed to all of your known contacts
which deal directly with community association issues. There is a
meeting in the legislature scheduled for Wednesday March 10, @ 3:30 P.M.
in Tallahassee to discuss the proposed legislative changes. Please
take the time to read FLA's comments on the proposed legislative action
as detailed below. After doing so, it is requested that you provide
comment to all of the members of the legislature listed below.
For many months now, there has been a well
publicized bashing of community associations and the laws which govern
them. This anti-association sentiment has been championed by a vocal
minority of disgruntled homeowners living within community associations
throughout the state. It is time for the professionals who serve
community associations, along with the multitude of satisfied residents
who reside within those associations to let their voices be heard.
It is time for the silent majority to speak.
Take action today, right now, and contact
the below legislators to voice your opposition to the proposed Bill.
On this election day, please take an active role in ensuring the effective
operation of community associations throughout the state.
This proposed Bill, if adopted, will seriously
impede the associations ability to function.
ORIGINAL MESSAGE
Greetings Delegates and other interested
parties,
CAI-FLA does not support this bill.
Please use the addresses of members of the committee as furnished here
and send a message to them stating that we have issues with these bills.
You may refer to Paul Wean's talking points (immediately below the addresses)
in your letter. E-mailed letters in opposition should be sent to
committee members prior to Wednesday's 3:30 PM hearing. Please disperse
this information further to all who might also send e-mails opposing the
bills. Thank you in advance.
Sincerely,
Janet Rackley
Richard L. Spears is a former CAI Executive
and author of the infamous OCHA letters, headlined: "NO
MORE FORECLOSURES!" where he tried to speak out against a bill
that wasn't even filed.
And his name-calling definitely wasn't
much appreciated.
He is in the moment serving as the Chairman
of the Florida Commission on Ethics!
Comment:
After reading his quote: " I found myself
in the position of a kind of Homeowners Association "guru" as the result
of many years of service in the field," you would most likely expect a
little more than just a copy of Gary Poliakoff's memorandum?
-----Original Message-----
From: [email protected] [mailto:[email protected]]
Sent: Tuesday, March 09, 2004 2:34 PM
Subject: HB 1223 -- Dick Spears Comments
Distinguished Ladies & Gentlemen:
Your committee will consider this bill (HB 1223)
on Wednesday afternoon. As such, it is important that you be aware
of its serious shortcomings as they relate to the citizens of Florida who
have chosen to live in condominiums.
Before I deal with them, however, you should be alerted
to the fact that a noisy minority, unable to resolve issues on their own,
will be pushing to make the ombudsman provision of HB 1223 apply to single
family homeowners associations in addition to condominiums. This
is an attempt to sneak the "camel's nose under the tent flap" of homeowners
associations as a beginning of a state agency to regulate them -- which
proposition flies in the face of property rights, property values and the
traditional treatment of homeowners associations as a solemn contract/agreement
between owners as a group without government interference. Should such
an amendment be offered, I urge you to defeat it if for no other reason
that condominiums and single family homes are far different things -- one
being traditional housing and the other being a child of the law.
As to HB 1223 itself, there are a number of things that
this bill proposes to do. Among them are several undesirable provisions
including the following. The bill proposes:
1. To divest owners of multiple units
of more than one vote. This would deprive owners of more than one
unit a voice equal to their financial investment in the community.
I believe this is both an unconstitutional taking of the property rights
of existing owners and a disincentive to further development of condominiums
in Florida since it fails to make an exception for units owned by condominium
developers. (Proposed change to S. 718.104(4)(j), Fla. Stat.)
2. To create a second class of owners with rights
different from existing owners. Those new owners could not be restricted
by amendments duly adopted by the members of the association that could
operate to “ ....restrict[...] unit owners' rights relating to the rental
of units, keeping of pets, or allocation of parking spaces.” The language
of the proposal is unnecessary vague. For example, does a limit on the
number of occupants in a unit to prevent overcrowding, or the setting of
a minimum rental period to prevent short term hotel-like operations, restrict
rental rights? Does the designation of pet-free zones such as elevators,
to assist allergic or pet averse persons restrict pet rights? Also,
the creation of a second class of owners whose rights are dependent entirely
upon when they bought creates equal protection problems when imposed by
state action, and the courts have uniformly stricken private amendments
that attempt to do the same thing. (Proposed addition of 718.110(13), Fla.
Stat.)
3. To restrict who can serve on the volunteer
Board of Directors of a condominium association by:
(A) Prohibiting anyone who
hasn't actually lived in the condominium for at least one-quarter of the
year preceding the election from serving. (No provision is made concerning
non-election appointments.) This has the effect of preventing investor
owners and others who, because of illness, business, travel or other exigencies
of life have been absent from their property from acting fully to protect
their investments, particularly when the Condominium Act allows Directors
to attend Board meetings via speakerphone, and
(B) Imposing term limits
of two (2) years on any serving director, and
(C) Requiring criminal background
checks on all volunteer candidates, These checks would be available
to all owners (and hence available for further dissemination, notwithstanding
any public records exceptions) not to mention that they are prohibitively
costly, and
(D) Prevent persons within a wide
degree of relationship (e.g. second cousins, half and step relations, and
even great uncles and aunts) from serving on a Board of Directors at the
same time.
The pool of candidates who are available and willing
to serve in these usually thankless positions is small enough without making
it smaller through use of arbitrary and unfair distinctions. The invasiveness
of these proposals is enough, we feel, to drive off the typical, well-intentioned
volunteer.
The language also neglects to differentiate the actions
of condominium developers, thus preventing developers from controlling
boards for more than two (2) years during development and build-out, or
preventing members of family owned development companies from having their
family members serving on the developer-controlled board (Proposed
addition of Section 718.1125, Fla. Stat.)
4. To prevent associations from fully collecting
unpaid assessments, interest, costs and late fees, and delaying when a
condominium may act to collect a delinquent account. As any person
can understand, to maximize collections you need to minimize the amount
you are trying to collect. By delaying the collection process the
bill only increases the likelihood that not all assessments and related
charges will be recovered. When a condominium fails to collect from one
owner, all of the others must make up the difference. Also, by changing
the order in which partial payments are applied and preventing some debt
from becoming the subject of a lien, associations will likely have to forget
collection of interest and late fees, something that is required of no
other Florida business. Finally, by attempting to increase by five
(5) fold, the potential liability for unpaid assessment imposed on first
mortgage holders, the proposal will reduce the availability of mortgage
financing for owners and incur the enmity of the mortgage banking interests.
(Proposed amendments to Section 718.116, Fla. Stat.)
5. To impose criminal liability for maliciously
imposing a lien for the purpose of trying to acquire a unit. While
I suspect that this sort of action is quite rare, I foresee that counterclaims
based on this theory will be interposed in many, many lien foreclosure
actions, as an attempt to impose personal liability and take retribution
on directors who have to make the difficult decision to foreclose the association’s
lien. (Proposed addition of Section 718.116(6)(e), Fla. Stat.)
6. To interfere with the performance by the
association of its necessary and statutory duties, such as maintaining,
repairing and replacing the common elements. This occurs through the use
of this vague proposed language:
.... any action of the board, even those characterized
as special assessments, that imposes a financial hardship on any or all
of the unit owners must be ratified by a majority of the voting interests
at a duly convened meeting of the association to be held within 60 days
of such action or such action shall be void.
As you may know, most associations face real problems
with apathy. If a majority of the members cannot be cajoled into
voting on a necessary repair, it cannot be undertaken. Consider what
will occur in a natural disaster when the members are disbursed and difficult
to find at the very time when necessary action is most needed. In an apathetic
or highly absentee community essential services may go begging, simply
because a single owner alleges “financial hardship.” As bad, the
proposal fails to give any objective standard for what constitutes a financial
hardship. A single owner operating in bad faith could downgrade the
standards of an entire community. (Proposed addition of Section 718.3025(4),
Fla. Stat.)
7. To require competitive bidding for all goods and
services, even as to its employees. I suspect that it will be unrealistically
hard to find three (3) maintenance workers willing to bid against each
other for a part time job. (Proposed amendment to Section 718.3026, Fla.
Stat.)
8. To mandate training by the Division
of Florida Land Sales, Condominiums and Mobile Homes for all new board
members, thereby imposing yet new financial obligations on an overburdened
and shrinking state government. (Proposed amendment to Section 718.501(1),
Fla. Stat.)
9. To create both an ombudsman and advisory
council with broad powers and a mandate to assist owners in disputes with
their associations. Again, I believe this is neither a wise use of
tax resources, nor an appropriate balancing of the rights of individual
owners and their collective associations.
I respectfully suggest that the proposals in the
bill are vague, poorly drafted, ill-conceived and not at all in the best
interest of the citizens of the State of Florida or your constituents.
As many of you know, I have found myself in
the position of a kind of Homeowners Association "guru" as the result of
many years of service in the field. I did not seek such a position,
but I do believe that all of us have a duty to "give back" in our wonderful
country and state. It is in that spirit that I respectfully submit
the foregoing.
Richard L. Spears
And property managers:
-----Original Message-----
From: Bob V./Carol L. [mailto:[email protected]]
Sent: Wednesday, March 10, 2004 8:19 AM
Subject: HB 1223
Dear Representative,
After reviewing HB1223, I (and my association
members) find that the Bill, if passed, would add a great deal of confusion,
cost and hardship to all. Although I find some of the issues worth
further study, this particular Bill should not be passed. As a full-charge
Property Manager to several associations for over twenty years, I urge
you to vote NO.
Thank you for your attention to this request.
M. Carol Lindsey
COMMENT: Since there is normally
always the argument that most unit-owners don't participate, it is really
amazing how fast they got the approval from the unit-owners to speak in
their name!
-----Original Message-----
From: [email protected] [mailto:[email protected]]
Sent: Tuesday, March 09, 2004 7:15 AM
Subject: HB 1223 DO NOT PASS THIS PROPOSAL
As a professional Community Association Manager managing over 114 communities
in the Tampa Bay area and a director in my own community association for
23 years I can only pray that this proposed legislation is defeated
A very vocal minority (namely the Cybercitizens for Justice: www.ccfj.net)
are hard at work making e-mails and calls urging legislators to institute
these drastic "reforms": 2yr. term limits, criminal background checks on
ALL potential candidates for the Board at $200.00 apiece per report, majority
approval for ANY special assessment even for needed maintenance and repairs
and the list goes on.
No well meaning volunteer would ever subject themselves to this kind
of scrutiny ever.
IN this day and age it is hard enough to find homeowners willing to
serve on their community board's. The current laws already provide
all the necessary protections that are necessary.
Please, vote against HB 1223
Thomas P. Reardon CMCA
Vice President
PROGRESSIVE MANAGEMENT, INC.
-----Original Message-----
From: [email protected] [mailto:[email protected]]
Sent: Tuesday, March 09, 2004 9:30 AM
Subject: HB 1223
March 9, 2004
[email protected]
HB 1223 is a terrible piece of legislation. We have these items
addressed in our Declaration of Condominium Documents.
If associations are not satisfied with their documents, all they need
to do is change them. There is no reason force this HB on associations
that do not need or wont it.
Enough is enough.
Charles L. Harty
Manager
Admiralty House, Inc.
-----Original Message-----
From: Fletcher, Dave [mailto:[email protected]]
Sent: Tuesday, March 09, 2004 11:56 AM
Subject: Impending Legislative Issues
Dear Committee Members:
For many months now, there has been a well publicized bashing of community
associations and the laws which govern them. This anti-association
sentiment has been championed by a vocal minority of disgruntled homeowners
living within community associations throughout the state. I would
like to voice my opposition to the proposed Bill. This proposed Bill,
if adopted, will seriously impede the associations’ ability to function.
1. To divest owners of multiple units
of more than one vote. This would deprive owners of more than one
unit a voice equal to their financial investment in the community.
I believe this is both an unconstitutional taking of the property rights
of existing owners and a disincentive to further development of condominiums
in Florida since it fails to make an exception for units owned by condominium
developers. (Proposed change to S. 718.104(4)(j), Fla. Stat.)
2. To create a second class of owners with
rights different from existing owners. Those new owners could not be restricted
by amendments duly adopted by the members of the association that could
operate to " ...restrict[...] unit owners' rights relating to the rental
of units, keeping of pets, or allocation of parking spaces." The language
of the proposal is unnecessary vague. For example, does a limit on the
number of occupants in a unit to prevent overcrowding, or the setting of
a minimum rental period to prevent short term hotel-like operations, restrict
rental rights? Does the designation of pet-free zones such as elevators,
to assist allergic or pet averse persons restrict pet rights? Also,
the creation of a second class of owners whose rights are dependent entirely
upon when they bought creates equal protection problems when imposed by
state action, and the courts have uniformly stricken private amendments
that attempt to do the same thing. (Proposed addition of 718.110(13), Fla.
Stat.)
3. To restrict who can serve on the volunteer
Board of Directors of a condominium association by:
(A) Prohibiting anyone who
hasn't actually lived in the condominium for at least one-quarter of the
year preceding the election from serving. (No provision is made concerning
non-election appointments.) This has the effect of preventing investor
owners and others who, because of illness, business, travel or other exigencies
of life have been absent from their property from acting fully to protect
their investments, particularly when the Condominium Act allows Directors
to attend Board meetings via speakerphone, and
(B) Imposing term limits
of two (2) years on any serving director, and
(C) Requiring criminal background
checks on all volunteer candidates, these checks would be available to
all owners (and hence available for further dissemination, notwithstanding
any public records exceptions), and
(D) Prevent persons within a wide
degree of relationship (e.g. second cousins, half- and step-relations,
and even great uncles and aunts) from serving on a Board of Directors at
the same time.
The pool of candidates who are available and willing
to serve in these usually thankless positions is small enough without making
it smaller through use of arbitrary and unfair distinctions. The invasiveness
of these proposals is enough, I feel, to drive off the typical, well-intentioned
volunteer.
The language also neglects to differentiate the
actions of condominium developers, thus preventing developers from controlling
boards for more than two (2) years during development and build-out, or
preventing members of family-owned development companies from having their
family members serving on the developer-controlled board. (Proposed
addition of Section 718.1125, Fla. Stat.)
4. To prevent associations from fully collecting
unpaid assessments, interest, costs and late fees, and delaying when a
condominium may act to collect a delinquent account. As any person
can understand, to maximize collections you need to minimize the amount
you are trying to collect. By delaying the collection process the
bill only increases the likelihood that not all assessments and related
charges will be recovered. When a condominium fails to collect from one
owner, all of the others must make up the difference Also, by changing
the order in which partial payments are applied and preventing some debt
from becoming the subject of a lien, associations will likely have to forget
collection of interest and late fees, something that is required of no
other Florida business. Finally, by attempting to increase by five
(5) fold, the potential liability for unpaid assessment imposed on first
mortgage holders, the proposal will reduce the availability of mortgage
financing for owners and incur the enmity of the mortgage banking interests.
(Proposed amendments to Section 718.116, Fla. Stat.)
5. To impose criminal liability for maliciously
imposing a lien for the purpose of trying to acquire a unit. While
we suspect that this sort of action is quite rare, I foresee that counterclaims
based on this theory will be interposed in many, many lien foreclosure
actions, as an attempt to impose personal liability and take retribution
on directors who have to make the difficult decision to foreclose the association's
lien. (Proposed addition of Section 718.116(6)(e), Fla Stat.)
6. To interfere with the performance by the
association of its necessary and statutory duties, such as maintaining,
repairing and replacing the common elements. This occurs through the use
of this vague proposed language:
.... any action of the board, even those characterized
as special assessments, that imposes a financial hardship on any or all
of the unit owners must be ratified by a majority of the voting interests
at a duly convened meeting of the association to be held within 60 days
of such action or such action shall be void.
As you may know, most associations face real problems
with apathy. If a majority of the members can not be cajoled into
voting on a necessary repair, it cannot be undertaken. Consider what
will occur in a natural disaster when the members are disbursed and difficult
to find at the very time when necessary action is most needed. In an apathetic
or highly absentee community essential services may go begging, simply
because a single owner alleges "financial hardship." As bad, the
proposal fails to give any objective standard for what constitutes a financial
hardship. A single owner operating in bad faith could downgrade the
standards of an entire community. (Proposed addition of Section 718.3025(4),
Fla. Stat.)
7. To require competitive bidding for all goods and
services, even as to its employees. I suspect that it will be unrealistically
hard to find three (3) maintenance workers willing to bid against each
other for a part time job. (Proposed amendment to Section 718.3026, Fla.
Stat.)
8. To mandate training by the Division
of Florida Land Sales, Condominiums and Mobile Homes for all new board
members, thereby imposing yet new financial obligations on an over-burdened
and shrinking state government. (Proposed amendment to Section 718.501(1),
Fla. Stat.)
9. To create both an ombudsman and advisory
council with broad powers and a mandate to assist owners in disputes with
their associations. Again, I feel this is neither a wise use of tax
resources, nor an appropriate balancing of the rights of individual owners
and their collective associations.
I respectfully suggest that the proposals in the bill are vague, poorly
drafted, ill-conceived and not at all in the best interests of the citizens
of the State of Florida or your constituents.
Sincerely,
Dave C. Fletcher
2421 N 40 Ave 108
Hollywood FL 33021
954.985.0201
-----Original Message-----
From: Gary Gasper-Club Destin [mailto:[email protected]]
Sent: Tuesday, March 09, 2004 9:52 AM
Subject: hb 1223
The Board of Directors ask that I advise you of their opposition to
this House Bill. Our homeowners feel strongly opposed to it also.
Sincerely,
Gary J. Gasper
Resort Director
Club Destin Resort
1085 Hwy 98 E.
Destin Fl. 32541
850-654-4700 Ext. 420
850-654-2852 Fax
[email protected]
COMMENT: another one who got a fast
approval from the homeowners to speak in their name!
-----Original Message-----
From: [email protected] [mailto:[email protected]]
Sent: Tuesday, March 09, 2004 8:05 AM
Subject: HB 1223
Dear Sirs/Madams:
It is my understanding that the items mentioned below are just some
of the points included in HB 1223: 2 year term limits, criminal background
checks on ALL potential candidates for the Board at $200.00 apiece per
report, majority approval for ANY special assessment even for needed maintenance
and repairs....
Whomever is thinking these things up has way to much time on their hands
and has no understanding of the real workings of Community Associations
i.e. Condominiums, Cooperatives, Home Owners Associations, etc., and the
Democratic process.
Although there may be some good thoughts in HB 1223 in its current form
and its intent I am opposed to it. Community Associations will be adversely
affected in the way they are run, and property values (Owners investments)
will suffer. It is a bad piece of legislation.
John Morgan
La Coquille Villas, Inc.
John Morgan, VP/General Manager
100 Evans Lane
Manalapan, FL 33462
561.586.4811
561.586.0323 fax
-----Original Message-----
From: [email protected] [mailto:[email protected]]
Sent: Wednesday, March 10, 2004 2:25 PM
Subject: HB 1223
Please be advised that the Board of Directors at Lake House South Association,
Inc., strongly oppose the passing of HB 1223, in its current form.
Finding enough people interested in the work involved in governing as
association is hard enough. Adding a criminal background check and
the fee to go along with it would further deter interest. In addition,
a special election for a needed maintenance problem not budgeted for, could
cause undue hardships in the case of and a/c problem or domestic water
pump problem, etc.
We are sure the House will understand this and rule accordingly.
-----Original Message-----
From: [email protected] [mailto:[email protected]]
Sent: Wednesday, March 10, 2004 1:08 PM
Subject: HB1223 and SB2498
To All Who Represent My Interests:
If you do represent my interest,
I urge you to stop playing games with the condominium operation and with
my livelihood. Imposing such restrictions on owners and those who
are willing to take on the task of serving the Associations on the Board
is ludicrous. Additionally, requiring 3 bids on legal firms and managers
is suggesting that we, who are independent licensed managers, would be
subject to an outside, possibly less qualified, individual or firm, taking
our job just because of price. Plus the turnover of management within
our group of managers would be unsettling to the continuity of an Association.
There are years when the Association is involved in ongoing projects that
require some history or knowledge of those projects in order to see them
to successful completion. I have 28 years of experience in my area and
intend to stay with this until retirement. These changes would be
me at great risk. Please think about what you are doing. You
don't understand the whole picture and cannot possibly believe what you
are considering is valid.
Lin Sommers
CBA #8744
I guess we have heard it
all! It was not surprising that most all of the opponents are some kind
of service-provider - like attorneys - and/or current board members. They
seem to be the same kind of board members who use association funds to
pay for Community Association Institute membership etc., money then being
used to fight consumer-friendly legislation. Do they tell their members
what their dues are being used for? I personally doubt it! |