State ombudsman measures advance
Article Courtesy of Miami Herald
By JERRY BERRIOS
Posted April 2, 2004 

Bills that passed House and Senate committees on Monday would allow Florida officials to mediate disputes between residents and associations, and to monitor board elections.

Condominium owners who think their fees are too high, or their grass too long, may believe the only way they can fight the association board is by hiring an attorney.

An amended bill that passed a Florida House committee Monday would create a state ombudsman's office to mediate complaints between associations and residents.

Rep. Julio Robaina's original bill called for criminal background checks for potential association board members, and two-year term limits and personal-financial disclosure for board members.

But now, with those controversial elements removed, the bill could arrive on the House floor in a couple of weeks, said Robaina, a Miami Republican.

Robaina's bill is one of several before the Legislature involving homeowners' associations and condominiums.

A separate Senate bill that would allow condominium residents to ask for a state official to monitor their board's elections cleared a committee Monday.

''The biggest complaint I hear from condo residents is that the elections aren't fair,'' said Sen. Steve Geller, D-Hallandale Beach, who sponsored the measure. ``A condo is just a little local government.''

Robaina envisions four or five ombudsmen statewide who would settle disputes, monitor board elections and provide information to legislators. They also could work with the state attorney general's office if they find criminal activity.

The bill would also create an advisory council that would work with the ombudsman to resolve disputes.

''It's going to save them a lot of money in legal fees,'' Robaina said.

''We aren't removing any legislation,'' Robaina said. ``. . . We are just amending legislation that has loopholes or problems that these associations are having.''

Attorney Gary Poliakoff, a condominium law expert, said he saw no need for the ombudsman because a state division could already perform that function.

''What we need is not a lot of new laws,'' Poliakoff said. ``What we need is to educate the unit owners to what their rights are and what their responsibilities are.''

CONDO BILL
SB 2498/HB 1223
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