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Article
Courtesy of the Sun Sentinel
By
Joe Kollin
Published March 28, 2005
Two
statewide organizations will duke it out on Wednesday in Tallahassee over the
laws that affect millions of Floridians who live in association-run
communities.
The sides disagree on two bills that would ban boards from foreclosing on
owners who owe less than $2,500 (SB 2632), and would require mandatory
training for board members, mandatory audits of association books, and state
regulation of homeowner association boards (HB 1229).
The Community Association Leadership Lobby, representing 4,000 clients of the
law firm Becker & Poliakoff, opposes most of this year's proposed
legislative changes. It has chartered a Boeing 737 jet to fly those interested
from Fort Lauderdale to Tallahassee to explain why existing laws should not be
altered.
Joining its efforts will be organizations such as the Community Associations
Institute, whose members do business with boards, as well as leaders of
associations in Orange County, the Treasure Coast, the Space Coast and Naples.
"We'll be there to have a civil discourse with legislators on these
bills, to make sure they know the impact and the unintended consequences. We
won't be up there to rattle sabers," said Donna Berger, the Association
Lobby's executive director.
Staying home in Boca Raton, Delray Beach and Boynton Beach will be members of
the South County Partnership, a consortium representing 250 associations,
which plans an e-mail and letter-writing campaign against changing the laws.
"Although the bills have good points, there are issues they're looking at
that will be detrimental to the operation of associations, whether condo or
homeowner," said Bob Schulbaum, president of the Delray Alliance, which
represents 60 communities. "We feel we have to take a stand and take it
now."
At the same time, Cyber Citizens for Justice, a St. Augustine-based
organization of unit owners, plans to rally in Tallahassee to support changes
to the law. Last year, using the Internet, it was successful in getting laws
changed, and it wants those efforts continued.
"The bills will provide accountability, easier enforcement of existing
laws and stop many of the known abuses," said Jan Bergemann, the group's
president and founder. "And it will hopefully reduce the number of
lawsuits and legal fees against unit owners.''
Although both bills are moving through committees, neither has a sponsor as
the Legislature's annual 60-day session reaches the halfway point. Both houses
must agree on a bill before it can be sent to the governor to sign.
Coral Springs attorney Robert A. White sides with Cyber Citizens. He called
the practice of filing liens and foreclosures for small debts
"abusive," adding, "You may be surprised at my characterization
of lawyers, being one myself.''
Tom Organ of Tamarac said banning foreclosures until a debt reaches $2,500
would mean an owner in a community with low assessments could get away without
paying for years.
"The association has grass cutters to pay, we have a sprinkler system to
maintain, water and garbage and pool maintenance. Everyone's got to be
paid," he said.
Margaret Gatto of Weston said, "The real issue is that a good many of
these people moved into communities with condo associations and homeowner
associations and when faced with having to abide by the rules and regulations,
they will not conform, and that's an understatement."
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