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By
Jan Bergemann
Published
February 8, 2010
627.714
Residential condominium unit owner coverage
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Language like in various
other bills – like H 561 = o.k.
633.0215
Florida
Fire Prevention Code
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(13) Exemption for installing manual fire alarm system in 1-2 story condos = o.k.
718.110
Amendment of declaration
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(13) Inserting language clarifying rental
restrictions
718.111 The association.— (12) OFFICIAL RECORDS
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(12) 11. Personal liability of person(s)
destroying official records = o.k.
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(b) Association not liable for use and misuse of
information provided to member(s) o.k.
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(c) Repeat
from 11. Personal liability of person(s) destroying official records =
o.k.
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(c) 3. Exempts association employee records. Exempting
contract, payroll, benefits, and bonuses records is about as ridiculous
as it gets. They are paid with unit-owners’ money and
unit-owners should have the right to see where their money is going.
That’s part of the financial records – nothing else.
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(c) 5. Exempt e-mail
addresses, telephone numbers: That is exactly wrong. Board members are
using these contacts when campaigning for re-election, but other
candidates don’t have access. What about FAIR
ELECTIONS?
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(c) 6. Exempting security
measures = o.k.
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(c) 7. Exempting software
and operating system = o.k.
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(13) Financial Reporting
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Extension from 120 days to
180 days for furnishing financial report = Sorry, 4 months is long enough!
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Rewording of summary of
reserve funds – o.k.
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(a) + (b) partially doubling
and tripling the required budget amounts for financial reporting = unacceptable!
718.112 – Bylaws
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(d) 1. Eligibility for Reappointment of board
members whose terms expired = o.k.
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Rewording co-owners serving together on board = opens
even more loopholes
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3.a. Removal requirement of
candidate certificate = o.k.
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3. b. Requirement to supply
election certificate 90 days
after director was seated. Absolutely
unacceptable: Creates another enforcement issue, convoluted
language; election papers need to be filed before being seated, not after!
Language on this matter is available.
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(n) Suspension of director
for more than 90-day delinquency for any
monetary obligation due the association = OUTRAGEOUS! Regular
assessment prevented a board targeting specific people,
preventing selective enforcement. This language again allows fines to be
levied to blackmail unwanted board directors: You pay or you are removed!
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(o) Directors’ offenses:
Charged by information:
You want to be able to suspend somebody because somebody else says so? Reminds
me of the Third Reich!
718.115
Common expenses and common surplus
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(1)(d) Adding information
services and/or Internet services as common expenses will cause even more
neighbors to pay the share for units that don’t pay. Don’t
we have problems enough?
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1. See above!
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2. See above!
718.116
Assessments; liability; lien and priority; interest; collection
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(5)(b) Adding additional
cost for owners already having financial problems. == Smart
Move to make managers rich and make more families lose their homes.
Collection Costs are already outrageous and create more problem than the
actual dues owed!
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(11) Requirement for tenant
to pay unpaid maintenance fees: More
convoluted language that confuses everybody and fills the pockets of the
attorneys!
718.303
Obligations of owners and occupants
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(3) Suspension of Use Right,
Levying Fines: We
need solutions
that puts money in the coffers, not harassing neighbors.
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(4) Hearing requirements: Creates more useless red tape!
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(5) Suspension of voting
rights for nonpayment of any
monetary obligation: Allows
boards to target specific “unwanted” voters, preventing selective
enforcement. This language again allows fines to be levied to blackmail
unwanted voters: You pay or you can’t vote!
718.103
Definitions + 718.701 Short title.—This part may be cited as the
“Distressed Condominium Relief Act.”
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Language from H 329 (Julio
Robaina) – Idea is great, but provision
has one serious problem: If Bulk Buyer buys a huge amount of units, he/she
can run the association as he/she pleases and the single owners have no
say whatsoever; single owners will never be able to elect or recall the
board. We create the same problem we are experiencing in mixed condos!
719.108 Rents and assessments
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(3) + (4) + (10)
See Comments to FS 718.116
720.304
Display of flag
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Adding more language to flag
display provision: Flag
display in the HOA Act is a lot more detailed than election provisions.
What does that tell you?
720.305 Obligations of members; remedies at
law or in equity; levy of fines and suspension of use rights
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(2) + (2)(a) See
Comments FS 718.303
720.3085
Payment for assessments; lien claims
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(8) Requirement for tenant
to pay unpaid maintenance fees See
Comments FS 718.116(11)
720.31
Recreational leaseholds; right to acquire; escalation clauses
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After
courts turned down purchase of golfcurses and mandatory
club membership, it looks like
now the legislature is supposed to help bankrupt more community
associations and owners. Why is everybody so gung-ho to bankrupt
homeowners and condo owners?
553.509
REPEAL
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Removes the requirement for
an alternate power source for elevators for emergency purposes. We
have seen the elderly folks trapped in their units for weeks after power
failure.
720.303
Association powers and duties; meetings of board; official records;
budgets; financial reporting; association funds; recalls
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(2)(b) More
meetings behind closed doors
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(5) (c) Adding
more cost for owners: management companies are already doing what the bill
proposes – creating huge bills for a few pages of record requests; hides
more important documents from owners.
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(6) BUDGETS: Language
clarifying budget provisions makes it more complicated, but = o.k.
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(12) Compensation
Prohibited: While
existing language clearly prohibits compensation of directors, the newly
added language creates loopholes that allow compensation, doing just the
opposite of what the headline promises! TOTALLY UNACCEPTABLE!
720.306 Meetings of members; voting
and election procedures; amendments
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(8) + (9) Proxy Voting and
Elections: Instead
of finally creating language that creates FAIR ELECTIONS in HOAs (Simply
use the condo language) the proposed language confuses the issue even more
and allows more election shenanigans. Considering that election disputes
in HOAs are one of the most contested issues, this language allows sitting
boards to create more obstacles for opposing candidates.
720.315
Passage of special assessments before turnover by developer
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THIS
LAST PARAGRAPH IS ABOUT THE ONLY USEFUL PROVISION FOR CONSUMERS IN THE
WHOLE BILL THAT IS NOT ALREADY INCLUDED IN OTHER PENDING BILLS. BUT IT
STILL IS TOO LITTLE TO PROTECT HOMEOWNERS AGAINST BANKRUPT DEVELOPERS!
This act shall take effect July 1, 2010.
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