Article Courtesy of The Hi-Riser

By CHRIS GUANCHE

Published June 7, 2007

Living in a condominium doesn't come without its share of problems, ranging from association managers to condo boards to dealing with local contractors. 

One of the most common issues in any building is difficulty surrounding the board of directors, said Jan Bergemann founder and president of Cyber Citizens for Justice, a nonprofit group that deals with condo issues. 

"The most common thing I hear is that boards make up their own rules," Bergemann said. "I hear that at least three or four times a day." 

Condominium associations are governed by a state statute and fall under the supervision of the Department of Business and Professional Regulation. Too often, Bergemann said, actions such as closed meetings, harassment and financial mismanagement occur because neither condo owners nor board directors know what their rights and responsibilities are. Misunderstandings lead to feuds that can often wind up in court, leaving both parties with high legal bills. With no required education for board members, Bergemann said, the situation is wide open for mismanagement. 

"There's a huge amount of money [in a condo association], and nobody is sitting there to watch it," Bergemann said. "Many of the people on boards have no real understanding of business today." 

Bergemann said that Cyber Citizens supported efforts in 2005 to require mandatory education for board members, but the legislation went nowhere. Bergemann plans to pursue similar measures during the Legislature's next regular session in 2008. 

"If you educate people right, you could avoid a minimum of 50 percent of the legal trouble," he said. 

Voluntary educational classes are available in Broward County, according to assistant condo ombudsman Bill Raphan of the Department of Business and Professional Regulation. The classes, offered through Broward Community College, are designed to cover owner's rights and board responsibilities. 

Raphan said lack of communication and education are two of the biggest problems in the complaints his office receives. Residents being denied access to public records or the opportunity to speak at board meetings are some of the most common problems. 

"I've been to places that have never even heard of 718," Raphan said, referring to the state condo statute. Raphan said courses for all board members would be beneficial. 

"Once everyone is educated, it makes it easier to live in a condo situation," he said. 

Other problems include maintenance, with a common complaint being that management companies don't return phone calls from residents when there's a problem.

More recently, special assessments have been an issue after damage from Hurricane Wilma in 2005. 

Hurricane-related problems are also a source of many complaints to the Broward Building Code Services Division, according to investigations and enforcement manager Hipolito Cruz Jr. The office receives complaints covering work by licensed and unlicensed contractors. Between Jan. 1 and June 1, the office received 619 complaints; however, that number represents all types of housing in the county, not just condos. 

In the time after Hurricane Wilma, Cruz said the most frequent complaints concerned roofers taking too long to finish their work. 

Now, the most common complaints are about shutter companies taking too long. Cruz said about 25 percent of total complaints are about shutters. 

"It's just the supply and demand," Cruz said. "A lot of people want hurricane shutters before the season, so they sign contracts, and companies are overwhelmed. They want to supply customers and fall behind." 

Although the shutter installation backlog has been running since last year, Cruz recommends investigating contractors and their licenses to avoid potential problems. 
Broward County Community College condominium education courses cost $25. For information call 954-201-7800. 

Visit www.broward.org/building for information on the county's Building Code Services Division.