Honorable Representatives, Ladies and Gentleman,

 

These meetings have clearly shown that we can talk all day and come up with fancy-looking solutions – adding more pages to the statutes regulating our associations -- but without strong enforcement power in the hands of a regulatory agency willing to do the job, we are still going nowhere!

You are a powerful legislative committee – even with subpoena power – and you see how boards and their attorneys are playing with you. See example Cypress Bend II.  Timely for every meeting they deliver a banana box full of documents in order to claim they followed the subpoena, just to avoid testifying under oath!  After you inspected the delivered documents, it turns out that the requested documents are actually not there. The same game was played again for the next hearing. This is just one outrageous example of many!

Since they don’t mind playing with your committee, imagine what they do to owners who rely on the Florida statutes when attempting to inspect the official association records?

These hearings have clearly shown that the excuse of certain service providers and entrenched boards that “just a few disgruntled owners are whining” is absolutely wrong!

Florida statutes regulating associations have no teeth and give no protection to owners against abuse, financial mismanagement, uncontrolled spending, and even clear embezzlement in our associations.  We need enforcement and accountability of the people in charge.  Adding more and more regulations to the existing statutes will not change anything, if they don’t come with an easy tool for enforcement.

The priority for the upcoming session should be as follows:

·        Strict enforcement of existing laws!

·        Regulation and enforcement for homeowners’ associations.

·        Strengthen election and recall provisions, especially for FS 720.      Put an end to dictatorial boards.

·        Stop fraud and embezzlement in our associations.

·        Stop foreclosure and huge attorney’s fees for frivolous amounts of unpaid dues.

·        Education for all owners!

·        Full disclosure prior to sale in Community Development Districts.

·        Accountability of the people in charge.

·        Accountability of community association managers.

·        Making association law more owner-friendly and easier to understand!

·        Give owners back their communities!

Bills that would help to reach these goals are ready to be filed.  By filing these bills, you can make the right decision and help your constituents to solve many of the problems they experience!  It is up to you.

These hearings surely were an eye-opener and everybody who still wants to claim that there are no problems must be wearing blinders or has dollar signs impairing his/her vision.

I would like to thank you, Honorable Chairman Julio Robaina, all the committee members, and Julio Robaina’s dedicated secretaries Grethel and Melissa, who were flooded with e-mails and telephone calls.  I would like to thank Mark Benson, Ombudsman Danille Carroll, and Nathan Bond, the legal watchdog of the committee.

You dedicated your Saturdays to listen to Florida ’s homeowners and condo owners.  I think that you got the message loud and clear:    Florida ’s owners living in associations need your help!  They came from far and away to bring their message to you and we can only hope that you heard their message:

WE OWNERS NEED LEGISLATIVE REFORMS TO CREATE EASY ENFORCEMENT, ACCOUNTABILITY AND OWNER-FRIENDLY LAWS – LAWS WITH TEETH!

PLEASE SEE TO IT THAT OWNER-FRIENDLY LAWS ARE ENACTED DURING THE 2008 SESSION.

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February 2008   --  PRESENTATION HOUSE SELECT COMMITTEE ORLANDO    --     CYBER CITIZENS FOR JUSTICE, INC.