Virgil Rizzo, Condominium Ombudsman
SUBJECT: Statutory Duties and Request for Assistance
DATE: May 9, 2005
The Office of the Ombudsman has received inquiries regarding the function and duties of the Advisory Council and the productivity and effectiveness of that program. I have reviewed the statutory section that created the Advisory Council (Section 718.50151 Florida Statutes) and find that there are certain specific statutory mandated functions.
“The functions of the advisory council shall be to:
(a.) Receive, from the public, input regarding issues of concern with respect to condominiums and recommendations for changes in the condominium law…
(b.) Review, evaluate, and advise the division concerning revisions and adoption of rules affecting condominiums.
(c.) Recommend improvements, if needed, in the education programs offered by the division.”
I have reviewed your agendas and your meeting discussions and have concluded to my dismay that you have not taken any steps or instituted any plan to perform your statutorily mandated functions. After numerous meetings, you have not proposed any plan or performed any function to receive public input regarding issues of concern with respect to condominiums. You have not reviewed, evaluated or advised the Division concerning revisions and adoption of rules affecting condominiums. You have not made any recommendations regarding the education programs offered by the Division.
Under Section 718.5012 Florida Statutes, I am obligated to prepare and issue reports and make recommendations to the Governor, the Agency, the Legislature and your Council regarding Division matters. To date I have not received any information from your organization to assist me in making my reports. It is requested that the Advisory Council prepare and implement a plan at this time to comply with its statutory duties and functions so as to be able to provide all concerned with information.
This Office has recommended that a committee comprised of persons knowledgeable in condominium law, knowledgeable about the problems associated with condominium fiscal and general mismanagement, and knowledgeable about the practical operation of condominium associations and corporations be established to rewrite the administrative rules. I am asking you to join the Office of the Ombudsman to accomplish this task.
Virgil Rizzo, M.D.,J.D.
Condominium Ombudsman For The State Of Florida