Bill would create state condo ombudsman
Article Courtesy of Palm Beach Post 
By Kimberly Miller
Tuesday, April 27, 2004

TALLAHASSEE -- Condo owners would get a state-appointed officer to oversee their disputes with condo boards, but they would still be at the mercy of the boards in matters like keeping their parking spots and pets, under a bill passed Monday by the Senate.

The bill (SB 1184), which ties together several proposals regarding homeowners and condo associations, passed on third reading in the Senate. The condo portion has pitted owners against their elected board members.

Supporters -- typically condo owners -- of the original, more biting, legislation were disappointed by Monday's action. They say owners will still face losing parking privileges and possibly pets whenever condo boards decide to change the rules -- because language protecting current owners from future rule changes on those issues was stripped from the bill.

Rules for renting condos, however, would be grandfathered in, meaning a change in condo board policy would not affect current owners who rent out their units.

The bill would also create an independent ombudsman, to be appointed by the governor. The ombudsman would study condo issues and make reports to the state; act as a liaison between the Department of Business and Professional Regulation and condo boards; and monitor disputes between boards and condo owners. Although the ombudsman would make recommendations on whether to penalize boards or their members in the cases of misconduct, he would not have the authority to issue penalties himself.

An advisory council to work with the ombudsman also would be created. The seven council members would be appointed by the governor, House speaker and Senate president.

"The Senate and some of our elected officials are not interested in protecting consumer rights," said Jan Bergemann, president of the grass-roots organization Cyber Citizens for Justice, which has been fighting for more restrictions on the power of condo boards. "I came here to die happily ever after, and instead we as condo owners are being left unprotected."

Rep. Julio Robaina, R-Miami, filed the House's version of the bill (HB 1223) following statewide public hearings last year at which condo owners complained about the loss of pets following rule changes that made them illegal, and changes in age restrictions that affected the parents of young children who were faced with selling their units or taking on the board.

His far-reaching bill proposed background checks on all condo board members, prohibited family members from serving on the same board together, prevented multi-unit owners from having multiple votes, and gave the ombudsman the right to conduct surprise visits on condo associations based on complaints by condo owners.

The House has already removed language from Robaina's bill regarding background checks and unit owners having multiple votes.

"I am accepting what they have given us because that's how it works in the legislature, but I'm coming back with it next year with a complete rewrite," Robaina said.

The elimination of some of the original language made Harold Nectow more comfortable with the bills. Nectow is chairman of the Citizens Association of Palm Beach, which opposes putting too many restrictions on condo boards.

"It was a bad bill originally," said Nectow, who is still concerned about the appointment of an ombudsman. "We question why they need the extra step of an ombudsman."

Sen. Rudy Garcia, R-Hialeah, sponsored an earlier Senate version of the condo bill. He said Monday he was satisfied with the language in SB 1184, sponsored by Sen. Walter Campbell, D-Fort Lauderdale, especially considering he didn't assume sponsorship of his version until it was dropped three weeks ago by Sen. Evelyn Lynn, R-Ormond Beach.

The Senate and House must agree on a compromise version of the bill before it can be sent to the governor. Robaina said he expected to get matching bills through by the end of this year's regular session on Friday.

CONDO BILL
SB 2498/HB 1223
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