| CURRENT
PROBLEMS |
PROPOSED
CHANGES |
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Lack of awareness by potential buyers such
as being notified whether or not the association is or was in litigation
or has incurred or will be incurring liabilities. Also, buyers were
not given other pertinent information such as the condition of the structure
that might help them make a more informed decision before purchasing the
property.
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“Buyer Beware,” requiring a new Question and
Answer sheet to be given to the potential buyer at the time of contract
and again at the closing.
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Lack of quality control of potential board
members to verify that the association is adhering to current laws that
prohibit convicted felons from serving on a board.
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Background checks for potential board members.
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Board members did not live in the community
and/or country due to the fact that they are investment properties and
not their primary residence.
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Board members must live in community year
round in order to sit on the board.
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The number of votes given to the owners of
multiple units gave them to much power and control.
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Multiple unit owners are only allowed one
vote regardless of their multiple units.
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Multiple family members or relatives were
serving on the same board creating a conflict of interest.
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Immediate family members may not serve on
a board simultaneously.
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Board members, CAMS, and/or property management
companies are giving friends or family or companies that they are affiliated
with contracts for work in the community.
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Conflicts of interest must be disclosed by
board members, CAMS, and property management companies on potential contractors
doing business with that community and board members may not be allowed
to vote on the particular contract. If the conflicting contractor
is chosen by the vote of the board, the conflict must be disclosed to and
approved by the majority vote of the unit owners. This supercedes
any and all association bylaws
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Contracts were given out without a competitive
bidding process.
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Board must provide or make available no less
than 3 bids or proposals for all contracted work.
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Board members are serving for extended periods
of time not allowing others to serve on board.
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2 year term limits on board members unless
there are no other volunteers then the term can be extended upon the approval
of the majority vote of the unit owners.
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Owners are being impacted fiscally and through
hardships by Board member decisions.
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Issues voted on by board members that create
a fiscal impact or hardship for the owner, must be approved and voted on
under a special election by the majority of the unit owners. Grandfathered
clauses should also be considered under certain circumstances.
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Owners are not able to view financial statements
in a timely manner.
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Allowing an addendum that supercedes association
bylaws to allow owners to access financial records at any time upon their
request of such records.
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No disclosure of former criminals moving into
communities.
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Mandatory criminal background checks for all
new potential unit owners and for those attempting to rent done by the
current board.
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Currently there is no department that
has the power to settle disputes between homeowners or condo owners
and their respective associations, that can help monitor elections and
meetings, can fine board members, etc provided by the state
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Create an Ombudsman’s office with a 5 member
commission or Advisory Council appointed by the state.
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Ombudsman’s office will have staff
that has the power to audit statements work in conjunction with D.B.P.R.,
conduct investigations on-site, follow-up on complaints, monitor board
meetings and elections, and will have the legal power to bring disputing
parties that are unable to reach an agreement before him/her and their
5 member
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The Ombudsman will also have the power to
fine board members or remove them from office.
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Liens being placed on unit owners and home
owners without notice.
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Liens may not be placed without giving unit
owners and homeowners at least a 30 day notice by the attorney via certified
mail.
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Unit owners are not given sufficient time
to respond or correct the violation and sometimes are being cited with
fines immediately.
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Unit owners must have a minimum of 30 days
to respond to any notice of violations and/or liens received via certified
mail.
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Board members willfully and knowingly expediting
the lien and foreclosure process in order to buy the properties themselves
at a foreclosure price.
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Hold board members accountable and provide
penalties for those who willfully and maliciously place liens in the attempt
to foreclose on other unit owners properties.
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No caps exist on attorneys fees and they can
charge without limits.
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A cap on attorney’s fees for form letters
sent to owners.
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Board members or family of board members are
employed by the management companies of many associations.
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If a board member or family of a board member
is employed by the management company of the association then the management
company cannot do business with that community.
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Board members do not file any type of financial
disclosures.
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Board members have to file a financial discloser,
even if it’s a simple version. Affidavits must be signed by all parties
including contractors that monies were not received or paid out to among
board members, CAM’s, property management companies and contractors.
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Department of Business and Professional Regulations
does not have authority to arrest and criminally charge board members.
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Empower the D.B.P.R. and the Ombudsman to
take any findings of a criminal nature and submit them as evidence to the
State Attorneys office, and work with them to bring charges against the
board members, CAMS, property management companies or any other alleged
parties involved.
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Currently residents do not know how the state
addresses their rights and concerns
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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
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Currently you have D.B.P.R. licensing and
the C.A.M. division regulating so D.B.P.R. is not aware of any complaints
brought against the C.A.M’s when renewing their C.A.M licenses.
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Merge the Community Association Management
(CAM) Division into the Condo Division. When CAM’s are renewing their
licenses, the Division should be able to reference their complaint file
when taking their application into consideration
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No clear guidelines for special assessments.
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Establishing clear guidelines for special
assessments.
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Reserves not being maintained at any specific
percentage rate.
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Require associations and developers to maintain
reserves at a certain percentage.
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