By
Inger Garcia
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My name is Inger Garcia. I have been an attorney in private practice since 1991. Prior to, I worked as an Intern Assistant
State Attorney for Janet Reno in Miami; interned for Judges; and interned for my Law School Trial Program Director. I have been involved in real estate and litigation for over 16 years. If you have any comments or questions, I may be reached at: [email protected], 954-894-9962, or fax: 954 446-1635.
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THE
FINANCIAL AND RECORD KEEPING
SHENANIGANS ARE BEING REVIEWED
-
FINALLY WE ARE GETTING SOMEWHERE
This has been a long and hard
fought battle for the unit owners and Boards
to learn to live with the current state
of the condominium laws, corporate
laws, and often old and inconsistent condominium documents. To
further exasperate the situation, the enforcement
of laws has been inconsistent at best
and outright ridiculous at worst. There
has been no real discovery process or
enforcement except for the Court, and
the Courts were reluctant to step up.
However, there is light at the
end of “the hallways.” For the next
two months, we will be able to provide
our legislature with the changes we
suggest in the condominium and business
laws. I request that anyone who has suggested
changes to the law E-Mail or Fax to me
your comments and suggestions so I can
discuss them with the powers that be.
Also send your stories that relate to
record keeping, record disclosures, possible
financial mishandling and outright
theft that you see in your condominium.
In addition, any suspected
kickbacks, illegal contracts or other
improprieties may be addressed. Forward
the information to the following E-Mail: [email protected]
and/or Fax: (954) 446-1635.
MANY TOWN
HALL MEETINGS
WILL BE SCHEDULED IN THE NEXT
FEW MONTHS NOVEMBER
MEETING IN PEMBROKE
PINES
In November, I
attended the Ombudsman’s Town
Hall meeting at Broward Community
College’s South Campus for
over three hours. There were almost
200 condominium owners in attendance who
participated. The panelists, included
State Reps. Evan Jenne, D-Dania Beach;
Ari Porth, D-Coral Springs; and
Julio Robaina, R-Miami. Over 100 people
walked up to the stage to ask questions
and share their stories with the
many state leaders. Florida’s
Condominium Ombudsman Danille
Carroll, who led the discussion, strongly
suggested that the unit owners
need to step up and do something if
they want change. The unit owners
need to report the problems and
follow up. Danille and
Julio Robaina stayed for over
five hours to have discussions with the
individuals in attendance and both showed
great compassion and perseverance.
Both told the
unit owners to contact
their local police departments if
they are saw criminal activity from theft,
fraud, intimidation, assault or the like.
We were invited to join the battle with
them and were finally recognized for
our side of this war as unit owners and
minority board members. It was a breath
of fresh air to see that our work is
being recognized and that we will make
a difference to improve our lives and
homes.
The biggest
complaint was the lack of
regulations and enforcement of the existing
regulations as concerns the condominium
boards and the delays in receiving
responses to complaints filed with
the state Department of Business &
Professional Regulation.
One clear
theme was that the unit owners
who do stand up and report or file
claims are labeled as troublemakers.
Many
complained that their reputations have been destroyed within the community
they live in.
THE NEW COMMITTEE
WITH SUBPOENA POWERS
Robaina was key to passing the
legislation that resulted in major
changes to condominium and homeowner
association law in 2004. He is once
again the key today. He has succeeded
in implementing the task force in
Miami-Dade and is working to expanding that force.
Because of all the hard work,
finally, a committee with power to make
changes and to actually investigate has
been formed. The committee is charged with
investigating the necessary changes to
the Florida law as well as accounting, budgets,
theft, elections and record access.
This committee will be dealing with
individual complaints so it can get to
the heart of the problems more specifically.
House Speaker Marco Rubio
created this seven-member Select Committee
on Condominium & Homeowner Association
Governance. He appointed Rep. Julio
Robaina, R-Miami, our champion, as
chairperson with six other state representatives
including Joseph Gibbons, D-Hallandale
Beach and Franklin Sands, D-Weston.
This committee of legislators
has held two and is holding three more
hearings in Sunrise, Miami Beach, Orlando,
Tampa and Tallahassee in the next
two months to determine what enforcement
provisions and changes to Florida law
are needed, especially as related to
the finances. The Sunrise and Miami
Beach hearings were very informative
and many good suggested changes were
made. Hundreds of people attended.
Further, the Committee is issuing
further summons to appear and subpoenas
to specific associations in relations to
documents. I will inform you of the
specific findings and results.
This committee will be
recommending changes in the laws in
relation to condominiums, co-ops and
homeowner associations. The committee
has the power to help over 40 percent
of those living in Broward, Palm Beach
and Miami-Dade Counties.
FEBRUARY 1 AND 2ND
- CCFJ NATIONAL HOA CONFERENCE
Another champion in our fight
is Cyber Citizens for Justice, Inc. Jan Bergemann, President of CCFJ, Inc.
hosted this conference, which had many important speakers, including the
first Condo Ombudsman, Representative Julio Robaina, Radio Talk Show Host
Shu Bartholomew, Mark Benson of the CAM Counsel, and others.
I was lucky enough to be
included with this strong group of supporters. The Century Village East
Clubhouse hosted one day of the conference. You may find a link to the
information at: http://www.ccfj.net/CCFJCONFERENCECVE.htm
for this and his future invites.
COURTS FINALLY STEPPING UP
I also have been observing
significant progress from the Courts. The Courts seem to finally be
recognizing the individual unit owner’s and minority board rights. We
have been receiving Court Orders allowing the unit owner to present our
arguments for consideration.
We are finally being
recognized as full-fledged citizens instead of second-class citizens. I
will report more next month on the Court’s progress as well as what
happens at the Town Hall meetings and conferences.
CLOSING
Many people
are instrumental in seeking
the necessary changes to the condominium
law. These include Attorney Steve
Rossi, who is a Board Certified Criminal
law specialist, former FBI Agent and
prosecutor. Steve is working diligently with me to
fight the criminal and accounting end of
the condominium wars. He may be reached
at: [email protected]
and (954) 524-0506. Jan
Bergemann, President, Cyber Citizens
for Justice, Inc., who may be reached
at [email protected]; Florida House of
Representatives, Representative Julio Robaina,
District 17, who may be reached
at: (305) 442-6868; Ombudsman Danille
Carroll, who may be reached
at: (954) 202-3234; and last but
not least, my good friend Dr. Grayson Walker,
who may be reached at: (954)
567-0502 or [email protected].
Beverly
Kennedy has also allowed us
access to her talk show for our important issues.
I
have been an attorney in private practice
since 1991. Prior to, I worked as
an Intern Assistant State Attorney for Janet
Reno in Miami; interned for Judges; and
interned for my Law School Trial Program
Director. I have been involved in
real estate and litigation for over 16 years.
If you have any comments or questions,
I may be reached at: [email protected],
Tel.:
954-894-9962,
Tel.:
954-394-7461,
or
Fax: 954 446-1635.
THE
CONDO Lawyer PART I
THE
CONDO Lawyer PART II
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