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Article
Courtesy of The Sun Sentinel
By Paola
Iuspa-Abbott
Published
September 8, 2007
Years
ago, Patti Lynn fought her condo association over a parking decal dispute. She
lost.
A judge ruled the board never received a written inquiry by certified mail, as
Florida statutes required. Lynn contends she sent one but the board rejected
it.
The incident, to her, proves the need to change the state's condo and
homeowners association laws.
"I
still have the letter with the 'return to sender' stamped on the
envelope," said the retired U.S. Postal Service worker. "But the
statute doesn't require you to provide proof that you mailed the letter."
Lynn, a member of The Broward Coalition, is joining members of the Alliance of
Delray Residential Associations, the Coalition Of Boynton West Residential
Associations and the West Boca Community Council who want to amend the often
contentious laws governing condo and homeowners associations. Lynn and her
counterparts in south Palm Beach County plan to meet today to review the
Condominium Act, also known as Chapter 718 of the Florida Statutes.
"The laws are confusing, convoluted," Broward Coalition President
Charlotte Greenbarg said.
"They need to be worded much more simply to make sense. We want to make
it so that we don't have to use the word 'interpret' anymore."
A committee met in late August to discuss changes to Chapter 720, which
polices homeowners associations.
The effort is part of a statewide initiative led by the Coalition of Community
Associations, an advocacy group based in Orlando. Representatives of
associations across the state plan to meet for the first time next month to
discuss proposed amendments and draft legislation for the 2008 legislative
session, said Barbara Zee, the vice president of legislative affairs for the
Alliance of Delray.
"In the past, there was very upsetting legislation being proposed, and we
were always reacting," Zee said.
In March, condo associations were caught off guard by a bill that would have
allowed owners to go without paying maintenance fees for up to six months, up
from one month now, before a board could foreclose.
"How is an association supposed to pay the bills if owners decide not to
pay for six months?" Zee asked.
West Boca Community Council Vice President Al Grubow said another change calls
for cutting the time an owner can speak on an issue at a homeowners
association meeting to no more than three minutes. Current law allows owners
to speak as long as they'd like.
"That means someone can talk for an hour," Grubow said.
Jan Bergemann, president of Deland-based Cyber Citizens for Justice, said the
people proposing the changes are often too close to interest groups, such as
property management companies and attorneys. He doubts important changes will
be made.
He said the effort would be futile if the amendments don't make board members
accountable.
"You can revise the laws," he said, "but as long as the laws
are not enforced, the changes won't matter."
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