Article Courtesy of Sun Sentinel
By Joe Kollin
Published February 15, 2004
A bill creating an ombudsman with the power
to fine condominium directors, remove them from association boards and
resolve disputes has cleared its first hurdle in the state Legislature.
The ombudsman provision is one of several
that, if adopted, would be the most significant change to condominium law
since 1991. The bill is designed to protect millions of condo residents
by reining in the power of boards.
A bill which would overhaul laws governing
mandatory homeowner associations has not yet been filed for consideration
by the Legislature, although officials of a state task force promise it
will be shortly.
Two committees in the last few months traveled
the state, heard what they called "horror" stories from condo and homeowners
about their boards and each made proposals.
They were the House Select Committee on
Condominium Association Governance, created by House Speaker Johnny Byrd,
and the Homeowners' Association Task Force, created by Gov. Jeb Bush.
Other proposals for changing condo and
homeowner association laws have been filed by individual senators and representatives
and are being considered.
State Rep. Julio Robaina, R-Miami, chairman
of the House Select Committee, is optimistic about approval of his committee's
recommendations.
"It looks good; we have a good piece of
legislation," he said on Friday.
In addition to giving power to an ombudsman,
Robaina said the measure would make it less profitable for lawyers to file
threatening letters against condo owners who are a few days late paying
their maintenance or assessments. It also requires education for new board
members so they don't step into the job with no knowledge.
The House Business Regulation Committee
passed the proposal in a 33-6 vote that Robaina called non-partisan. The
next two committees, State Administration and Appropriations, have set
no dates for hearings.
Robaina said the importance of its passage
by the Business Regulation Committee has become obvious.
"I have law firms, [association managers]
and every group you can imagine that has anything to do with condos, coming
through our office ... to protect themselves," he said. "I'm thrilled to
death to see that."
Meanwhile, two weeks into the 60-day annual
legislative session, no bill has been filed on behalf of the Homeowners'
Association Task Force. The task force wrote a 46-page proposal that includes
the first major change to homeowner association law since 1992.
Meg Shannon, spokeswoman for the state
Department of Business & Professional Regulation, said those proposals
will be considered. "Yes, there will be bills. At this time there is no
reason to believe that there won't be," she said Friday.
Shannon said the department is having a
bill drafted now in the Senate and expects one soon in the House. The department
provided support for the task force.
Robaina said that if a measure for homeowners
gets into trouble, he would consider including portions of it in his condo
bill, such as making the condo ombudsman also apply to homeowner associations. |