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Article
Courtesy of The Sun Sentinel
By
Joe Kollin
Published April 13, 2005
A
bill to toughen up requirements for condominium boards will move forward today
in Tallahassee after its sponsor agreed not to include homeowner associations
in its provisions.
The bill (HB 1229) requires that all condo board members receive training and
that audits of association books be conducted at least every other year.
Originally, it expanded the power of the state Division of Florida Land Sales,
Condominiums & Mobile Homes to enforce homeowner law as it does condo law.
The House Civil Justice Committee members said they will "support the
bill without homeowner associations," said Rep. Julio Robaina, R-Miami,
who agreed to revise the legislation.
Committee members said the state agency isn't capable of regulating homeowner
associations. A new state inspector's report shows the agency is unable to
regulate condos, although it has had the responsibility for years.
"They believe that homeowner associations need to be regulated but that
if we throw the job of doing it to a department that isn't functioning, it
would be giving false expectations to homeowners while taking away even more
of the division's ability to regulate condos," Robaina said. "The
committee would rather spend the summer reforming and restructuring the
division so it will be able to accept homeowner associations, and I
agree."
Robaina said Sen. Rudy Garcia, R-Miami, will introduce a companion measure in
the Senate after today's hearing. Garcia was the Senate backer of Robaina's
bills that last year created the condo ombudsman.
Meanwhile, a separate bill (SB 2632) that seeks to make it more difficult for
associations to file liens and foreclosures against owners who owe small
amounts appears to be receiving no support. No Senate committee has heard it,
and, with three weeks left in the session, no House companion has been filed.
The bill by Sen. Gary Siplin, D-Orlando, would require a debt to reach $2,500
before an association could take action to collect it. The bill also would
remove the financial incentive for attorneys to collect debts from owners.
"Although his intent is good, it needs to be reworded," Robaina
said.
Siplin couldn't be reached for comment Monday and Tuesday despite messages
left in his offices.
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