Backer still has hopes for altered condo bill
Article Courtesy of Sun Sentinel
By Joe Kollin 
Posted April 2, 2004 

Action on a measure to overhaul the state condominium law, gutted by one legislative committee earlier this week in Tallahassee, has been postponed until the week of April 12 by another committee.

The measure (H1223) introduced by Rep. Julio Robaina, R-Miami, survived the House State Administration Committee hearing with four of its major proposals intact. The most controversial provisions, however, didn't make it, including a limit on the ability and methods used by attorneys to collect debts, term limits for directors and criminal background checks of directors.

Four proposals still in the running to become law would:

Establish the powerful office of ombudsman to resolve condo disputes and investigate complaints, and create a state condo advisory council.

Require that every seller of a condo unit, whether developer or current owner, give every buyer a question-and-answer sheet showing the obligations of a condo owner.

Make training mandatory for all newly elected board members and current members who haven't received it.

Make it tougher for associations to change existing rules on renting, keeping pets and allocating parking spaces.

Robaina on Thursday said he considers the four surviving proposals key to reforming condo law.

Legislators have been undergoing an onslaught of lobbying. On the one side are association leaders and attorneys who fear the changes would diminish the ability of associations to do their jobs. On the other are individuals demanding the end to what they call abusive treatment. 

Gary Poliakoff, head of a law firm based in Fort Lauderdale, "This is among ... the worst bills I have seen from the perspective of the potential damage it can do to the condominium concept of housing in Florida."

Steve Garrison, who lives in a Boca Raton homeowner association community, supported the provisions that would have made it more difficult for attorneys to collect their fees. He was less than 30 days late with his $299 maintenance payment and because of that, he had to pay a $3,500 attorney's bill, he said.

However, Jack Rutt, of Boca Raton, says, "We will have a chaotic situation if the condominium laws are weakened to accommodate a few disgruntled owners who didn't understand the commitment when they purchased in a community governed by condominium law."

Meanwhile, action on an unrelated proposal to make major changes to the homeowner association law also has also been postponed. Legislators want to study it further.

Proposals in the homeowner bill include those that would require mandatory mediation of disputes between owners and their boards, prohibit lawsuits against owners who complain about their association or developer, and let homeowners fly the U.S. flag at certain times. 

Bills change as they move through the legislative process so nothing will be final until legislators adjourn their annual session. Adjournment is scheduled for the end of April. 

CONDO BILL
SB 2498/HB 1223
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