CONDO OMBUDSMAN - History and Duties

The creation of the Condominium Ombudsman Office was the result of the 2004 Florida legislative session that enacted Senate Bills 1184 and 2984. The actual language was adopted from House Bill 1223, a bill sponsored by House Representative Julio Robaina - Miami (R –117), Chairman of the House Select Committee on Condominium Governance.

The Ombudsman Office was created to help avoid many problems in condominiums before these problems escalate to an unreasonable level. Public hearings of the House Select Committee on Condominium Governance proved that the protection provided by the Department of Business and Professional Regulations is not sufficient to protect the welfare of the owners. Therefore, the Ombudsman Office was created to investigate complaints, report findings and help to achieve equitable settlements. Another important task is to monitor condominium elections. Election misconduct often leads to serious complaints and costly fights among unit owners.

The following are the major duties of the Ombudsman Office:

To prepare educational and reference material for the largest audience.
To provide resources to assist directors and officers of condominium associations.
To develop policies and procedures to assist unit owners.
To act as liaison between the “Division of Florida Land Sales, Condominiums and Mobile Homes,” unit owners, board members, community association managers, and other parties.
To facilitate meetings between the parties.
To monitor and review condominium elections and meetings.
To appoint qualified persons to monitor condominium elections.
To prepare and issue reports and recommendations to the Governor, the DBPR, the Division, the Advisory Council on Condominiums, the President of the Senate, and the Speaker of the House of Representatives.
To make recommendations for legislation regarding procedures, rules, jurisdiction, personnel, and functions.
To access and use all files and records of the Division.
To employ professional and clerical staff as necessary for the Ombudsman Office.

The Ombudsman should provide a neutral and balanced perspective to address the competing interests in condominium law and regulation.

Considering reports and comments of owners and boards that have had direct dealings with the Ombudsman Office, the creation of this office will be a great success. The Ombudsman, Dr. Virgil Rizzo, has worked in this position since December 2004. Now the 2005 Florida legislature has given the Ombudsman Office a budget that will help to work on the serious task at hand. Condo owners and association boards in Florida need a helping hand to create the environment necessary to protect the welfare of our citizens!

You can contact the Ombudsman's office by calling: (850) 922-7671
or send an e-mail to: Ombudsman@DBPR.state.fl.us

FLORIDA STATUTES:

718.5012 Ombudsman; powers and duties.--The ombudsman shall have the powers that are necessary to carry out the duties of his or her office, including the following specific powers:

(1) To have access to and use of all files and records of the division.

(2) To employ professional and clerical staff as necessary for the efficient operation of the office.

(3) To prepare and issue reports and recommendations to the Governor, the department, the division, the Advisory Council on Condominiums, the President of the Senate, and the Speaker of the House of Representatives on any matter or subject within the jurisdiction of the division. The ombudsman shall make recommendations he or she deems appropriate for legislation relative to division procedures, rules, jurisdiction, personnel, and functions.

(4) To act as liaison between the division, unit owners, boards of directors, board members, community association managers, and other affected parties. The ombudsman shall develop policies and procedures to assist unit owners, boards of directors, board members, community association managers, and other affected parties to understand their rights and responsibilities as set forth in this chapter and the condominium documents governing their respective association. The ombudsman shall coordinate and assist in the preparation and adoption of educational and reference material, and shall endeavor to coordinate with private or volunteer providers of these services, so that the availability of these resources is made known to the largest possible audience.

(5) To monitor and review procedures and disputes concerning condominium elections or meetings, including, but not limited to, recommending that the division pursue enforcement action in any manner where there is reasonable cause to believe that election misconduct has occurred.

(6) To make recommendations to the division for changes in rules and procedures for the filing, investigation, and resolution of complaints filed by unit owners, associations, and managers.

(7) To provide resources to assist members of boards of directors and officers of associations to carry out their powers and duties consistent with this chapter, division rules, and the condominium documents governing the association.

(8) To encourage and facilitate voluntary meetings with and between unit owners, boards of directors, board members, community association managers, and other affected parties when the meetings may assist in resolving a dispute within a community association before a person submits a dispute for a formal or administrative remedy. It is the intent of the Legislature that the ombudsman act as a neutral resource for both the rights and responsibilities of unit owners, associations, and board members.

(9) Fifteen percent of the total voting interests in a condominium association, or six unit owners, whichever is greater, may petition the ombudsman to appoint an election monitor to attend the annual meeting of the unit owners and conduct the election of directors. The ombudsman shall appoint a division employee, a person or persons specializing in condominium election monitoring, or an attorney licensed to practice in this state as the election monitor. All costs associated with the election monitoring process shall be paid by the association. The division shall adopt a rule establishing procedures for the appointment of election monitors and the scope and extent of the monitor's role in the election process.