The Condominium Act ("The Act") is Chapter 718 of the Florida Statutes, a chapter of law that governs condominiums in the State of Florida which is enforced by the Division of Florida Land Sales, Condominiums, and Mobile Homes of the Department of Business and Professional Regulation through the Bureau of Condominiums. However, after experiencing how the Bureau handled my complaints filed against my condominium's Association, I concluded that the Bureau's educational resolutions plus The Act's loopholes and flaws are ineffective against a knowledgeable association's board of directors led by totalitarian board's leaders. The issues about my Association's Board of Directors became so numerous and significant that it lead to the development of the web site http://www.geocities.com/mblanco48/main.html to make them available to all unit owners since a large number of them do not reside in their units.

The Internet is gaining momentum as a powerful communication and information medium not only in corporations and in the government but in homes too. The Act would improve greatly by incorporating to it the use of web sites, e-mail, and scanners to photocopy association's documents to be posted in the web. Consider the following suggested amendments to The Act:

1. Each condo association shall create its own web site having at least the following:

   1. A web page for each candidate to the board of directors showing the candidate's qualifications and, if candidate has served previoulsy as a board member for any association, to disclose the name and address of the association plus the candidate's title for each association the candidate has served in the past. The web page shall be posted under a directory titled "Board Candidates."

   2. A web page for each candidate to any committee under the supervision of the board of directors showing the candidate's qualifications and, if candidate has served previoulsy in a committee for any association, to disclose the name and address of the association and the title of the committee along with the candidate's title for each association the candidate has served in the past. The web page shall be posted under a directory titled "Committee Candidates."

   3. A web page for each board member showing the member's full name, title, date joined the board, date left the board, e-mail address, how the member voted at a board meeting and why and the date of the meeting. When the member leaves the board, the member's web page shall be posted under a directory titled "Past Board Members."

   4. A web page for each property manager hired by the board showing the property manager's full name, CAM number, qualifications relevant to employment such as degrees and licenses, employment history including name and address plus duties plus lenght of employment for each previuos employer, days and hours to be on duty, dollar amount of salary and other benefits provided by the association, date hired by the board, date terminating employment, and the e-mail address. When the property manager is no longer serving the board, the property manager's web page shall be posted under a directory titled "Past Property Managers"

   5. A web page for each office manager hired by the board showing the office manager's full name, qualifications relevant to employment such as degrees and licenses, employment history including name and address plus duties plus lenght of employment for each previuos employer, days and hours to be on duty, dollar amount of salary and other benefits provided by the association, date hired by the board, date terminating employment, and the e-mail address. When the office manager is no longer serving the board, the office manager's web page shall be posted under a directory titled "Past Office Managers"

   6. A board member shall have access to a web page using a password chosen by the board member to post information the board member deems that it should be disclosed to the unit owners. The board member, not the association, shall be responsible for the information posted in the web page.

   7. All approved scanned-minutes of the association, of the board of directors, and of unit owners.

   8. All recorded association's governing scanned-documents.

   9. All scanned-communications to the unit owners and residents from a board member or authorized by the board.

   10. For each lawsuit filed against, or by the association, a scanned-copy of the lawsuit.

   11. All scanned-communications to the association regarding violations by the association.

   12. All scanned-fines paid directly, or indirectly, by the association.

   13. The association's scanned accounts receivable, showing the name and title of the person who prepared it.

2. The Act should set guidelines regarding "board's resolutions."

3. The Act should use clear meaning words to define "The officers and directors of the association have a fiduciary relationship to the unit owners."

4. The Act should require the Bureau to receive the votes for the annual meeting of the unit owners via the Internet, count them, and post the results of the elections on the Internet. The association shall have Internet access in its management office available to the unit owners who do not have Internet access available somewhere else.

5. The Act should hold a board member, not the association, liable for willfully and knowingly violating The Act.

The suggested amendments are not meant to cure all loopholes and flaws in The Act. You can help improve the suggested amendments by sharing with us your complaints against your condo's board of directors by clicking HERE.