CONDO OWNERS PLEA FOR HELP,
AS SENATE TRASHES BILL
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!)


RALLY FOR CONDO BILL IN MIAMI ON 4-24-2004 
CONDO BILL
SB 2498/HB 1223
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