“Governor Bush Ousts Florida’s First Condo Ombudsman”

            The action of Governor Jeb Bush to remove the state’s first Condominium Ombudsman was nothing more than an end to a witch hunt. When the Governor first appointed Dr. Virgil Rizzo, the Governor appointed someone who did not know the politics in Tallahassee, and who was not a bureaucrat. This individual’s work ethic, sometimes working on Saturdays and Sundays until the wee hours of the morning, responding to hundreds of emails and calls with nothing more than a lap-top computer and a cell phone, went far beyond the expectation of commitment to the State of Florida.

The truth behind the matter is that when we established the office of the Ombudsman, the first of the powers we gave him was the power to review the Department of Business and Professional Regulations, which oversee condominium regulations in the State of Florida. His responsibility was to look into what was happening within the Division and to report back to the lawmakers what the problems were within the Division. This created the rift between the Division and Dr. Rizzo making him the unwanted step-child, or as often referred to as by the employees of the Division as “big brother watching.” The Division of Condominium Regulation and many law firms within the State of Florida wanted Dr. Rizzo’s position removed because for the first time, we as lawmakers had someone reporting back to the legislators. For the first time in Florida’s history, law makers had someone telling them what was really going on in Tallahassee, and reporting the actions of the Law Firms and Property Management Companies which where out to act in their own best interest, disregarding the rights and interests of condominium owners statewide, and he was also educating condo unit owners of their rights.

The resentment against Dr. Rizzo was a result of his actions on behalf of condo unit owners, which cost many of the law firms millions of dollars, and a Division that never wanted him. Every time he advised unit owners of their rights to defend themselves against the unruly and unethical Boards of Directors, Property Management Companies, and Law firms, the powerful special interest groups lost out. Simply put, Dr. Rizzo was doing what his position was created to do, which was to clean up the problems that existed in the State, and look out for the thousands of condo unit owners in Florida that had no where else to turn to.

Sadly enough, special interest organization’s collective and organized effort to discredit him have again won out over the citizens of the State of Florida to be fairly protected by a non- bureaucrat of the government. Dr. Rizzo went above and beyond all expectations of his newly created position. In his short time in office, he diligently looked out for the best interests of condominium owners, much to the dismay of the profit seeking Law Firms, Boards of Directors, and Property Management Companies. I only hope that in the future our state will not bend to the need of powerful special interest groups, but will spearhead efforts which will support and protect our state’s citizens.

The Honorable Julio Robaina is a Florida State Representative for District 117, and has been since 2002; he chaired the Committee on Condominium Governance for the State of Florida, and is currently serving on the following committees: Local Government Council, Health & Families Council, Health Care General Committee, State Administration Appropriations Committee, Transportation Committee and the Select Committee to Protect Private Property Rights.

Condominiums

South Florida Sun-Sentinel Editorial Board 
Posted June 11 2006 

ISSUE: Condo ombudsman gets the ax.

Virgil Rizzo has been fired after two years as the state's, and nation's, first condominium ombudsman. Perhaps the most amazing thing about Rizzo's tenure is that it lasted so long. 

The office was set up to fail from the start. For the first six months, Rizzo worked without a salary, or a budget to hire staff. The ombudsman's office now has more than $400,000 to work with, but given the level of complaints, it's questionable whether that's enough to do the job adequately. 

Rizzo locked horns with the Division of Land Sales, Condominiums & Mobile Homes. He claimed the agency had no authority over him, a position with which state officials vigorously disagreed. Rizzo was a strong advocate for condo owners, which rankled condominium boards and their lawyers. Among other things, he supported changes in the law that would require mandatory education and term limits for condo board members. 

Those ideas sound good in theory, but in practice they are unworkable, particularly for small condominium associations, which often have difficulty finding people willing to serve.

Condominium politics can take on the cowboy imagery of good guys vs. bad guys, with the good guys generally portrayed as the mistreated condominium owners who are forced to do battle with evil board members.

In reality, it's not that simple. There are plenty of condo owners who think the rules and regulations don't apply to them and that it's no big deal if they end up three months in arrears on their maintenance payments. 

Ombudsmen need to be impartial. That's something Rizzo's replacement, Danille Carroll, should keep in mind. Carroll, a 39-year-old lawyer, has wide experience in state government, but not in condominium government. 

That may be a good thing. She can enter the job without any preconceived notions of who wears the white hats and who wears the black. 

BOTTOM LINE: Treat both sides fairly in the condominium wars.

It's owners' interests that need protecting

(RESPONSE TO SUN SENTINEL EDITORIAL)

By Jan Bergemann 
Posted June 19 2006 

I get the strong feeling that you use guest writers for your editorials when it comes to condo issues. Maybe Gary Poliakoff or Donna Berger whispered the wording in the ear of the person who wrote this editorial, which just repeats what the attorneys claim.

Department of Business & Professional Regulation authority over condo ombudsman? Read the statutes and the legal opinion of the attorney general, No. AGO 74-133. Or ask the legislators who created the office of the condo ombudsman. 

Secretary Simone Marstiller and her deputy, Andy Edwards, were not really looking for authority, but for the power to tell the ombudsman how to do his job and to stop him from writing reports embarrassing to the DBPR, because it showed their incompetence. Instead of trying to improve the performance of the department, they are trying to silence their critics. 

Mandatory education is important in running a condominium association; there are still many long-term presidents who will look at you like deer in the headlights if you mention certain statutes or regulations!

Term limits for board members? It wasn't the ombudsman who proposed that; in 2005, a condo bill (HB 1229) contained the verbiage for term limits.

Your statement: "He supported changes in the law that would require mandatory education and term limits for condo board members. Those ideas sound good in theory, but in practice they are unworkable, particularly for small condominium associations, which often have difficulty finding people willing to serve."

It's not the small associations where you find the real problems, it's the big ones -- because that's where the money is for the service providers. Many of the small associations don't need the services of managers, attorneys, and the DBPR, and were happy to have a condo ombudsman to ask little questions about daily procedures.

The arguments were about following the rules -- from both sides -- boards and owners. If you look at the many complaints filed with the ombudsman and the DBPR you would realize that there are a lot more complaints filed about boards not following the rules than vice versa. In reality, there are many attorneys, managers and board members who feel that statutes and regulations don't apply to them!

Whatever some opponents may say, Florida's condo owners lost a dedicated fighter for their rights!

I agree on one issue: Let's hope that the new ombudsman is impartial. But condo owners don't really need another "government lawyer" -- they need an ombudsman who knows the facts and is dedicated to do the job as intended: protecting the interests of the condo owners.

We already have the DBPR willing to protect the interests of specialized attorneys, managers and board members -- all paid for by the condo owners.

Comparing condo ombudsman, Iraq

Abbott Frank 
Boca Raton 
Posted June 8 2006 -- Sun Sentinel

I know it's a long stretch from the Iraq morass to my friendly neighborhood condo, but I can't help making a comparison. 

Our president saw fit to essentially fire Gen. Eric Shinseki for stating honest opinions (about needed troop strength). Our governor saw fit to fire Virgil Rizzo, the condo ombudsman, for (I gather) stating honest opinions about condo boards and the state condo division. They were both replaced by so-called "team players."

Although a World War II veteran, I really cannot have a firsthand opinion on troop strength, but events have proven that Gen. Shinseki was right. However, I have had personal contact many times via e-mail with Dr. Rizzo on condo matters. He has always provided sensible advice, which has probably saved our little group many arguments and much heartburn. 

What is there about the Bush brothers that abhors honesty and forthrightness by members of their staffs?

Condo Battle Fatigue?

June 17, 2006
The Palm Beach Post
 
Editor,
I am submitting this as a unit owner, Phase “A”, of the Golden Lakes Village Condominium in West Palm Beach. I have been there for 20 years.
Battle Fatigue?
As a WW II veteran, I can readily relate to the perils our servicemen are facing daily in the war- ravaged areas of the world, ie. IED'S, mortar attacks, suicide bombers, etc. Every day they live with the proverbial sword over their heads.
No wonder they return sadly disillusioned and mentally fatigued.
I too am a battle-weary veteran, only my battle is called the Condo Wars. This is most prevalent in the State of Florida. I have to contend daily with a lethal conspiracy made up of: corrupt condo boards, scheming lawyers, inept managers, and inertia-bound legislators.

Do you think the VA will honor my petition for a small disability pension as a survivor of the Condo Wars?
Walter Lipiner
W. Palm Beach

Barry Topcik 
TAMARAC 
Posted June 19 2006 -- Sun Sentinel

The front page headline on June 3 read, "Gov. Bush fires condo watchdog who became thorn in side," referring to the firing of the nation's first condo ombudsman, Virgil Rizzo. The question of whose side he was a thorn in may be answered later in the same article, and perhaps points to the most powerful law firm in the state.

Rizzo's ombudsman's office has helped resolve strong disagreements between boards of directors of condo associations and owners of the individual condos without the help of attorneys. Literally, hundreds of disputes have been adjudicated and seminars held by the ombudsman have informed residents and boards of their rights. This is the first time that the residents have had support in the never-ending battle with boards, and finally they had someone who cared for their plight.

A further quote in the South Florida Sun-Sentinel says that "Rizzo was strongly opposed by the Community Association Leadership Lobby (CALL), an arm of the Becker & Poliakoff law firm that represents 3,500 boards in Florida." How does one firm get to control so many condo boards and did the ombudsman cut into lawyers' fees and is this the reason Rizzo was dismissed? Is it possible that Gov. Jeb Bush, whose term is up this year, was pressured to fire Rizzo? Condo residents should flood the governor's office with complaints about the removal of Rizzo and the possible formation of another useless bureaucracy, which will not upset the establishment.

Rizzo worked free for many months and his office budget was minimal, so what does it mean when a spokesperson for the Department of Business and Professional Regulation said Rizzo "at times refused to be held accountable to the department and taxpayers." The condo taxpayers appreciated Rizzo because he helped them as no one had before.

It is interesting to know that calls have come in from all over the U.S. from states interested in information on opening ombudsman offices to assist their condo residents.

Bush wrong to remove condo ombudsman 

Posted-Wednesday, June 14, 2006 12:12 PM EDT 
EDITOR:

The action of Gov. Jeb Bush to remove the state's first condominium ombudsman was nothing more than an end to a witch hunt.

When the governor first appointed Virgil Rizzo, he appointed someone who did not know the politics in Tallahassee and who was not a bureaucrat. This individual's work ethic, sometimes working Saturdays and Sundays until the wee hours of the morning, responding to hundreds of e-mails and calls with nothing more than a lap-top computer and a cell phone, went far beyond the expectation of commitment to Florida.

The truth behind the matter is that when the Legislature established the office of the ombudsman, the first of the powers given him was the power to review the Department of Business and Professional Regulation, which oversee condominium regulations in Florida. His responsibility was to look into what was happening within the division and report back to the lawmakers what the problems were. 

This created a rift between the division and Rizzo, making him the unwanted stepchild. The Division of Condominium Regulation and many law firms within the state wanted Rizzo's position removed because for the first time, the lawmakers had someone reporting back to the legislators. For the first time in Florida's history, lawmakers had someone telling them what was really going on in Tallahassee and reporting the actions of the law firms and property management companies, and also educating condo owners of their rights.

Every time he advised unit owners of their rights to defend themselves against the unruly and unethical boards of directors, management companies and law firms, the powerful special-interest groups lost out.

Simply put, Rizzo was doing what his position was created to do, which was to clean up the problems that existed and look out for the thousands of condo owners in Florida that had no where else to turn. 

I am very disappointed in Gov. Bush and his protecting the incompetent Department of Business and Professional Regulations.

Robert Page
Islamorada 

AND, some different views:

Rizzo's removal

Larry Block 
Deerfield Beach 
Posted June 15 2006 

Thank you for your take on the firing of Virgil Rizzo ("Condo ombudsman gets the ax," Sunday). As a member of a condominium board, it is gratifying to know that the inherent problems associated with trying to maintain the integrity and civility of condominium associations may better be understood with the appointment of Danille Carroll. I especially appreciate your view that the new ombudsman be fair to both sides.

AND NOT TO FORGET -- LAST BUT NOT LEAST -- THE OPINION OF WAYNE MARTIN, LONG TERM CONDO BOARD PRESIDENT, FINALLY OUSTED IN AN HONEST ELECTION CONDUCTED BY ELECTION MONITORS:

Rizzo was poor choice for the job