Dr. Virgil Rizzo

Condominium Ombudsman

                  The State of Florida has a condominium problem. 
                  The Florida Legislature has recognized that the condominium problem affects and will affect many residents throughout the State. To help resolve this problem the Florida Legislature last year created the position of the Condominium Ombudsman. The Legislature believed that the condominium problem might be better defined by requiring the Ombudsman to make recommendations that he deems appropriate for legislation relative to division procedures, rules, jurisdiction, personnel, and functions and “to make recommendations to the division for changes in rules and procedures.” 

   
The Legislature also created the Advisory Council on Condominiums to take some action to help resolve the condominium problem. Specifically the Advisory Council is required to “review, evaluate, and advise the Division of Condominiums concerning and adoption of rules affecting condominiums.”

   
The Rules affecting condominiums are the Condominium Administrative Rules 61B-15 through 25.

    
The Office of the Ombudsman has been in operation for approximately six months. The Ombudsman’s Office has determined, from the information it has received from the legislature, the public, and the OPPAGA Report of the State Office of Program Policy Analysis & Government Accountability, that the Condominium Administrative Rules are confusing, obsolete and impractical, but also ineffective, inefficient, antiquated and in serious need of complete revision.

    
The Ombudsman’s office is in agreement with the OPPAGA Report and the findings of the Legislature that the Rules and Procedures of the Division of Condominiums need revision.

    
The Ombudsman’s Office is in agreement with the Legislature in requiring the Condominium Advisory Council to advise the Division of Condominiums regarding revisions and adoption of rules affecting condominiums.

   
The Ombudsman’s Office has asked the Advisory Council to assist it in revising and adopting administrative rules just as the Legislature has mandated. 
The Advisory Council has been operating for six months. 

   
The Public has informed the Ombudsman’s Office that it has yet to hear of any plan or proposals for any revisions or any suggestions regarding rules affecting condominiums from the Advisory Council. The Public here feels that the Advisory Council lacks guidance and direction regarding its function. 

    
Again it is requested that the Advisory Council undertake its duty to act as required by the Governor, the Florida Senate, and the House of Representatives.

    
The Office of the Ombudsman is requesting that the Division provide each member of the Advisory Council with a copy of the Administrative Rules and that the Council review those rules and make a plan for revisions and recommendations. 

    
Let us work toward the common good of the people of the State of Florida and the condominium residents. 

Of a more urgent nature is the education program that we are required to evaluate. The Governor and the Legislature authorized $500,000 to be used for condominium and cooperative association management education. 

Last year the Community Association Institute CAI, an out of State Corporation, was awarded that $500,000 to provide 11 months worth of education to condominium and cooperatives. On June 6, 2005, the Department of Business and Professional Regulation (DBPR) quickly and quietly renewed last years contract with the (CAI). The total $500,000 was awarded to CAI by the DBPR without the Department making any attempt to discuss the needs of the Ombudsman to carry out his education program and without seeking the recommendations of the Condominium Advisory Council.