Honorable State of Florida Representatives
Tallahassee, Florida 

Honorable Representatives,

I am writing to you with hopes that you take positive steps towards possible amendment, or additions to State Statute, 718, in order to protect the unit owners, presently, at the mercy of some boards of condominiums, “sometimes illegitimate”.

While Statute 718 have provisions to regulate and enforce homeowners associations administrations, its powers are limited to the Statutory violations, but not necessary the violations to the Declarations of the applicable condominiums, however, this does not protect the unit-owners.

If a homeowner decide to take action to protect their interest, the homeowner must, at his own expense, contract the services of an attorney in order to seek enforcement or go through arbitration, and although under the law, the prevailing party is entitle to recover reasonable attorney’s fees, realistically, the typical homeowner can not bear the associated costs that in most cases can add up to Thousands of dollars just for a few hours of legal work, while the association, have card blanch when comes time to expend in legal fees by using the association attorney at the expense of the very same homeowner. Further, for issues other than contract matters, the Division has the power to impose fines for violations, however, the parties that must pay these fines are again, the very same homeowners and not the parties who violated the laws.

To summarize this issue, is just as if a thief victimizes his victim, then, the victim contact the police, then the victim must bear his legal fees to accuse the thief but also must bear the legal fees of the thief, then the thief is fined by the state, and then the victim must pay for the fines imposed to the thief. “its hard to believe that this happens in America, but it is a fact”.

I am amazed to the fact that our political representatives haven’t take the necessary action steps to protect the best interest of the homeowner, most of them, voters! Something does not add up with the above equation, it is unfair and is disadvantageous to the homeowner. 

Further, while the Florida Division of Condominium and Land Sales gets involved with statutory issues, they typically do not get involved in any contract issues although these can affect the overall financial interest of the homeowners.

This letter is part of a state-wide campaign to respectfully request that you, our representatives, consider taking the required leadership in seeking a possible amendment to the Statute 718. or any other applicable laws that may fairly balance these provisions with respect to the above-mentioned scenario, and/or, possible addition to Statute 718. with provisions to impose criminal penalties for cases where if an administration is proven guilty of committing any unlawful action in connection with the administration of a homeowner’s association, shall include, but not limited to, imprisonment in accordance with the seriousness of the violation. 

Should you have any questions, please do not hesitate to contact me at your convenience at (786) 683.5959.

Sincerely,

Humberto Sanchez

GF/Sanchez