Sponsor of condo bill says it will pass
Article Courtesy of Sun Sentinel/Associated Press
By Tim Reynolds 
Posted April 25, 2004 

MIAMI BEACH · The House sponsor of a bill that would provide ways to mediate differences between Florida's 1.1 million condominium owners and the associations that govern their properties told supporters Saturday he was confident the proposal soon would become law.

"Without the ombudsman, there's no deal, Rep. Julio Robania, R-Miami, said. "There has to be a middle person, a mediator, that can be there for the unit owners. Because right now, the laws protect the boards. I need a neutral party in the middle."

Robania's bill (HB 1223) is expected to get a vote before the session ends Friday. Companion legislation is moving in the Senate, and grass-roots organizations back the proposal. Robania said Gov. Jeb Bush and House Speaker Johnnie Byrd, R-Plant City, have pledged support.

Condo owners say they need more help in keeping a voice in matters such as parking space allocation, pet regulation and the ability to rent their units. A Pembroke Pines couple had to fight to get their association to allow a new resident -- their daughter -- into their home.

The bill also would force condo associations into disclosing to potential buyers information about the association's finances and big-ticket maintenance projects that are either under consideration or could be looming.

"There's no enforcement agency willing to grab the bull by the horns," said Eddie Hernandez, a condo owner from Hialeah Gardens. "An ombudsman office is going to create that individual that is going to tackle the problems, make suggestions, make reports to the Attorney General's office."

The state created a condo ombudsman office in 1991, but repealed the office's authority citing costs before it was ever opened. But by tapping into an already-existing $4-per-unit fee collected for regulatory oversight, Robania said the state would have the money to make the project work.

"We have to do something to stop this," Robania said. "The problems are unbelievable."

Opponents say the bill would gut the existing structure of association governance.

"If you for vote for this, I promise you you're going to regret it," said Sen. Bill Posey, R-Rockledge.

Florida has about 1.1 million condo owners. The bill was created after a special legislative panel took testimony last year from a number of disgruntled condo owners, many of whom have tried to get state agencies to hear their complaints -- but never got the differences settled.

A separate Senate bill that would place greater statutory requirements on homeowners associations and condominium boards was discussed, but not voted on, Saturday following several amendments.

CONDO BILL
SB 2498/HB 1223
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