Condo measure clears first hurdle

 

Article Courtesy of The Miami Herald

By

Published April 14, 2005

Controversial legislation that overhauls the state's oversight of condominium and community associations passed its first House committee this week -- although both opponents and proponents of the measure said it still needs plenty of work before it makes its way to a full floor vote.

''This has been a very long and tedious labor to get to this point,'' said Rep. Mark Mahon, the Jacksonville Republican whose committee heard the legislation Wednesday afternoon. "I know this is not a final product.''

The legislation requires condominium management companies to be licensed, asks large condominium associations to have audits at least every two years and requires that they keep on hand enough reserves to handle disasters such as hurricanes.

''This is stuff people told us to address,'' said state Rep. Julio Robaino, a Miami Republican who held meetings across the state to find out what kind of changes people wanted to see in the state's laws.

Changes to the state's condominium oversight laws elicit hundreds of e-mails and phone calls from the thousands of Florida residents who live in such associations, Robaino said. As a result, they've gotten plenty of suggestions from people on both sides, he said, but he sees the law as consumer-friendly.

''It's hard working with both sides, board members and unit owners,'' Robaino said. "But this is all about protecting unit owners when their boards go astray.''

The measure is tied closely to Robaino's efforts last year to create a condominium ombudsman, who is charged with helping individual unit owners resolve their disputes with condo association boards and individual unit owners.

Robaino said that getting money in the budget to pay for a staff for the ombudsman, Virgil Rizzo of Fort Lauderdale, has been one of his top priorities this year. The Senate version of the budget has money for four new positions to help Rizzo and his one sole employee; the House budget has money for an additional two positions, Robaino said.

''I think it's just another step in making sure that people who live within condo associations and other such associations will have their rights protected,'' said Jerry Melvin, a former state representative who spoke Wednesday on behalf of Cyber Citizens for Justice.

Still, the legislation has plenty of critics, especially among the lawyers and management companies who advise condominium associations and run them. Among their chief concerns: the frequency of audits and what they fear are onerous requirements for elections, excessive owner inquiries about their associations and burdensome notices for when the associations are about to sue or issue fines.

''There are a whole lot of good things in this bill,'' said William White, who manages 14 condominium associations in Florida and runs a company that oversees another 35. But, he also told committee members, "there are more problems than there are good things.''

The legislation has two additional House committees before it makes it to the floor.

The House version of the bill, which will continue to be revised through its next two committee stops, is likely to be tacked on to a similar Senate bill.

 
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