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Florida House of Representatives
Representative Juan C. Zapata
District 119
MEMORANDUM
To: Chairman Robaina and Members of the Select Committee on Condo Association Governance
From: State Representative Juan C. Zapata
Date: January 26, 2004
Subject: Suggestions for the Committee
As members of the Florida House of Representatives, we have a responsibility to review our statutes and make adjustments as needed.  For the past few months, our committee has been taking statewide public testimony on issues that affect condo residents and homeowners.  After hearing from our constituents and reviewing the Final Report of the Condominium Study Commission of 1991, I am submitting a few suggestions for this committee’s review per our chairman’s request.   

1. Create a Condo and Homeowner’s Bill of Rights.  Condo and Homeowners should have a comprehensive bill of rights, which should include a section on how the state will address and protect their rights and concerns.

2. Merge the Community Association Management (CAM) Division into the Condo Division.  When CAM are renewing their licenses, the Division should be able to reference their complaint file when taking their application in consideration.

3. Create Ombudsman Office and Advisory Council.  In 1991, the Condominium Study Commission recommended the creation of the Office of Ombudsman to assist condominium unit owners with assimilating a compliant with the Division and ensuring that the Division responds in an appropriate manner.  In addition, the Commission recommended the Condominium Advisory Council (a previous council existed from 1975 - 1981).  In Ch. 91-103, the Office of Condominium Ombudsman was created.  An ombudsman was to be an attorney who would act as a liaison between the division and unit owner.  This position would be appointed by the Joint Legislative Auditing Committee.  Additionally, the Advisory Council on Condominiums was created and charged with receiving public input; reviewing, evaluating and advising the division on rules; and recommending improvements.

4. Establish Proper Funding for the Division of Land Sales and Condominiums. 

Moreover, we need to ensure that Ch. 718, F.S., deals with some of the concerns that were expressed during our public hearings, such as establishing clear guidelines for special assessments; improving the transparency and openness of the election and bid processes; requiring associations and developers to maintain reserves at a certain percentage; background checks, term limits and better training for board members; prohibiting board members from being employed by the association’s CAM and other conflicts of interest; making association liens a priority during foreclosures; holding board members accountable and provide penalties for those who willfully and maliciously violate the rules.  

In the name of many Homeowners and Condo Owners in Florida:
THANK YOU,
HONORABLE REPRESENTATIVE JUAN ZAPATA