Press Release
Posted April 24, 2004 - 19:45 EST
MIAMI BEACH, FL -- Owners of condominiums
gathered today in support of a legislative reform that would permit a state
Ombudsman to investigate cases of fraud and illegal activity.
State Representative Julio Robaina (R-117),
who introduced what has been nicknamed, "The Condo Owners' Bill of
Rights", officially known as HB 1223, was welcomed with a standing ovation
by those who attended
Upset unit owners spoke up about their
abusive board members.
Thousands of others have testified before
committees, which governor Jeb Bush appointed last year in response to
the overwhelming complaints his office was receiving.
There was a clear show of support for
this new bill amongst those present.
Eddie Hernandez, unit owner of a condominium
in Hialeah Gardens spoke about the troubles when he reported his association
board members to the law enforcement agencies.
"I wrote Diane Carr, Secretary of the
Department of Business and Professional Regulation (DBPR) but never got
a response from her.", Hernandez indicated.
The DBPR, which is responsible for overseeing
the problems and enforcing the laws at condominiums, enjoyed very little
support from those present.
JoAnn Weissman wrote the DBPR with complaints
of her condominium board and all she obtained was a letter, which promised
to investigate.
But investigations and enforcement are
two things this department has fallen short of doing.
A great number of unit owners complained
to Senate President James King (R-8). Because of the inaction of
Carr's department, King is now advocating for an investigation.
In a meeting with State Senator Gwen Margolis
(D-35) last week, Carr defended herself by stating that her division is
short of funds and staffing; but a few months ago, the Governor demonstrated
there to be no shortage of resources in the Division by requesting that
more than $6 Million of the DBPR's surplus funds be used for non-condo
purposes.
"This was part of a plan to make it seem
as if the DBPR is unable to do more for people.", Hernandez wrote one of
his state legislators.
Those present were shocked upon learning
from Robaina that most of the provisions in his original bill had been
gutted by the different committees.
For example, the proposed bill would disallow
convicted felons from serving on a board, some of which handle budgets
greater than those of many cities. But that measure was quickly killed.
Louis Gonzalez, a unit owner of a community
in Little Havana, obtained a letter from the DBPR that revealed that his
board treasurer, Adamina Ortega "plead guilty to one count of conspiracy
to defraud the United States, where she is currently paying $390 a month
for restitution."
"I have endured ridicule, slander, defamation
and most of all, violation of the Privacy Act against me," Gonzalez stated.
So what has Diane Carr's department done
for Hernandez, Weissman and Gonzalez in these overwhelming cases
where board members have been caught violating important laws by the DBPR?
"Nothing! They penalize the unit
owners. In our case, Carr's Division fined us $50,000 because our
previous board violated these laws, and I'm still waiting for Diane Carr
to respond to my letters", Hernandez added.
DIANE CARR IS TO APPOINT THE OMBUDSMAN
While residents were voicing the approval
of stronger verbage in the condo bill, the Senate was busy gutting every
major item in benefit of unit owners statewide.
Robaina's bill was tranformed into a spineless
piece of legislation that would benefit no one or nothing, but instead
maintains the status-quo
Carr, who has thus far proven to be ineffective
and unresponsive to unit owners, would now appoint and oversee the ombudsman.
"It's like the fox guarding the henhouse!",
Jan Bergemann, president of Cyber Citizens for Justice said.
The proposed senate bill appears to have
become the final wish list of the special interests and pays no consideration
to the rights of unit owners
But unit owners are building stronger
alliances with organizations, such as the Service Employees International
Union (SEIU), the largest union in the nation, with 1.6 million members,
which organized today's event. (see below!)
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