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Article
Courtesy of Sun Sentinel
By
Marci Shatzman
Published on Sun, Oct. 31, 2004
A
bill creating a state ombudsman for homeowner associations is expected to be
introduced in the state Legislature in December.
It's the latest effort of the statewide Cyber Citizens for Justice Inc. to rein
in homeowner association board authority and restore rights to residents.
The bill calls for a position similar to the condo ombudsman, implemented in the
round of new condo and homeowner association laws that went into effect in June
and October. The ombudsman is a neutral third party who solves disputes between
condo owners and boards.
The homeowner association ombudsman would share an office with the condo
ombudsman in Tallahassee. Homeowner association residents would pay $4 a year to
fund the office, which is how the new condo ombudsman works.
If the homeowner association watchdog bill passes, it will be none too soon for
20 residents in Valencia Lakes west of Boynton Beach, who object to a $1,000
assessment levied by their board for hurricane damage and the way it was
handled.
"The board worked hard, but the manner in which [they presented this]
alienated us," Fred Kleiman said. He and Mary Gallo, Eileen Stehley and
Rich Glaski were the handful of residents willing to give their names.
The group said their board rushed to arrive at a figure they consider excessive.
They contend the board didn't wait for Palm Beach County's new tree replacement
policy, so it couldn't know how much it would cost to replace downed trees. They
said board members were unreceptive to residents with cost-cutting suggestions.
They said they resent the way the assessment was presented without community
feedback or an initial accounting of expenses. They claim the board changed what
the assessment was called to meet legal requirements after residents questioned
it.
Since the assessment, the board has conducted four neighborhood meetings and is
allowing residents to pay $400 up front, and $100 a month, after initially
demanding the money in a lump sum. "They were given another month to come
forward with the grand," Mary said.
But the concessions haven't quieted all the complaints.
Board president Esther Hersh said the board had no recourse. The community had
350 downed trees, and initial invoices to clear and open the community totaled
$151,000, she said. The community expects to replace at least 202 trees, she
said.
But the trees were just part of the problems that had to be addressed. The
community sustained sewage backups and damage to the tennis courts, clubhouse,
pool and a fence.
"They all felt this assessment was illegal, but it isn't illegal. We had
the advice of our attorney," Esther said. "If we come out ahead, I
promised residents a refund."
Residents have no place to take their protests except to the courts or the
press. They've decided not to sue, because it would only be suing themselves,
they said.
Their situation is the kind of case that would be brought before the homeowner
association ombudsman, said Jan Bergemann, president of Cyber Citizens.
The ombudsman would settle complaints through arbitration and mediation.
"It would bring people to the table before it escalates," he said.
To reach Bergemann, go to the group's Web site at www.ccfj.net.
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