powers and duties.--
ombudsman shall have the powers that are necessary to carry out
the duties of his or her office, including the following specific
have access to and use of all files and records of the division.
employ professional and clerical staff as necessary for the
efficient operation of the office.
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.
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.
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
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.
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.
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.
assist with the resolution of disputes between unit owners and the
association or between unit owners when the dispute is not within
the jurisdiction of the division to resolve.
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
7, 36, ch. 2004-345; s. 22, ch. 2008-28.