 |
|
|
|
 |
the legislative session 2004 is over and as the smoke clears SB 1184 - the engrossed association bill - is what we got - like it or not! See: http://www.ccfj.net/PB04SB1184ERSUMM.html We won some, we lost some! But altogether we made quite some progress! While condos will get some kind of enforcement of existing laws through the ombudsman's office, homeowners living in associations got lots of new regulations, many good, but are still left to fight expensive legal battles by themselves. The arbitration provisions, much praised by the industry stakeholders, will do very little to reduce the high legal fees. This system only works if the parties are willing to work together in good faith. Something we see missing in associations every day! Why should something work for homeowners that didn't work for condo-owners? Condo-owners got protection against amendments prohibiting unit-rentals. Homeowners came up empty - again! Are homeowners step-children of our society? Where is EQUAL RIGHTS? We consumers need to thank our legislators, who fought for our rights against overwhelming odds, specialized attorneys and other industry stakeholders. Representatives Julio Robaina, Juan Zapata and Gus Barreiro -- and all the other members of the House Select Committee on Condominium Governance - and Senator Rudy Garcia turned out to be the champions for our cause! But we found out as well where our enemies are. This needs to be further analyzed! Every good fight has 12 Rounds. This was Round 3! Task Force Bill 2002 + 2003 and the Condo and HOA bills 2004. We have a long way to go! But we are just warming up! We need to watch how the ombudsman's office for condos will develop. It's important for the future, who will be the ombudsman and how the problems with the DBPR will be resolved. We fought to have the Governor make this decision. It's now up to him to help the condo-owners by appointing the right person! Next year we will shoot for more improvements for the condo bill, enforcement for the HOA bill + some minor changes and grandfather rights. And improvements for our CDD people, mainly disclosure! And good regulation of community managers, so we can weed out the dishonest guys! Something the DBPR fails to do in the moment! That will give us owners a much bigger piece of mind! And it is imperative that we finally find a solution to solve the puzzle of how many homeowners' associations with how many homes we have in Florida. This is an excuse used against regulation since 1994, and was used again by Peter Dunbar and other industry stakeholders this year. Where there is a will, there is a way. Other states have solved the puzzle, why is Florida behind again? Or is it just a convenient excuse to avoid government regulation? We definitely found out who is fighting consumer-friendly bills. And we learned one serious lesson: we have to educate certain board members, who haven't figured out yet who their friends are. Definitely not the attorneys who have a serious financial interest to kill consumer-friendly bills. Harmony? The biggest enemy of attorneys! Board members have to realize that it
is definitely not part of their fiduciary duty to use association funds
to finance Legislative Action Committees of trade-organizations, who then
fight bills that would help unit-owners!
IN ALLIANCE WITH:
The much debated Condo bill HB 1223 has reached the House floor for the final vote, while the same bill -- SB 2498 - sponsored by Senator Rudy Garcia -- still has another hurdle to overcome. In order to create a final push the SEIU (Service Employees International Union Local 11) has invited the supporters of the bill for a final rally in Miami on Saturday, April 24, at 11:30 AM Triton Towers, 2899 Collins Avenue. Directions etc. are available. Please contact me for more info! Come out to support the “Condo Owners’ Bill of Rights” See Invitation at: http://www.ccfj.net/SEIUinvite.html House Representative Julio Robaina, who
fought valiantly for our cause, will speak at this event. He will be supported
by other representatives and members of different consumer groups supporting
this important piece of legislation, which should create the foundation
for improved laws that should finally protect condo owners against the
all too common abuses we read about daily in the headlines.
Please show your support of this bill and our legislators, who have been fighting special interests all the way! Show them you are willing to support them so they can help you! In a time where special interests calls the shots in Tallahassee it is important to show our legislators that we as consumers are worth fighting for! Your presence
is imperative if you want to help. Help our legislators, who
are willing to help us! We all need to help each other in order to succeed.
So please be there and help the cause!
Jan Bergemann, President
IN ALLIANCE WITH:
Condo Bill SB 2498 passed the Senate Committee
on Governmental Oversight and Productivity with a favorable Vote of
YEAS 8 ; NAYS 1
The House bill HB 1223 will be heard tomorrow
morning in Appropriations at 9.15 a.m. Last stop before the House floor!
|
For comments please
use our Bulletin Board (click on banner!)
Or click on Mail Box to send e-mail to : [email protected]
 |
 |
 |