CONDOMEDIATION.ORG

The New Condo Laws II

2008-07-31T08:15:00.000-07:00

The New Condo Laws

Are you one of the Associations that have no clue of the true financial health of your condominium? Well, now you will know what the true financial picture and health is of your condominium. Associations cannot waive financial reporting requirements for more than three consecutive years.

Have you lost an election by a "ghost vote?" You know the elevator voting of unoccupied units. Now, votes allocated to the units owned by the association may not be cast by proxy, ballot or otherwise for any purpose.

Have you ever received a notice of regular or special assessment and not understood what is it for? The Boards now have to notice the meeting with a clear statement that an assessment will be considered and the nature, estimated costs and description of the purpose of the assessment.

(Information provided by Inger Garcia's column: THE CONDO LAWYER," on the CityNews of South Florida, Page 15, July 2008. www.citynewsfl.com)

THE NEW CONDO LAWS Part 1

2008-07-16T07:34:00.000-07:00

The new Condominium laws are going into effect soon. A summary of the changes are provided here:

Board Directors now have liability for monetary damages. The Director must act in good faith or will be liable for monetary damages. If such Director violated criminal law, derived a personal benefit, acted in bad faith with malicious purpose, they are liable.

In many cases, a Director on the Board does not vote and the Boards in the past used the vote as they wished. If a Director abstained from voting, it will be considered that he/she did not take any position.

There is now a civil penalty for destroying records. We all know how hard it is to get our records when we want them. NOW, if a person knowingly or intentionally defaces, destroys or fails to create or maintain accounting records, they are held liable.

What about that cronic problem when the association fails to provide your records, within a reasonable location? Now the Association must provide all Condominium documents within 45 miles of the Condominium property and within 5 working days. The Condominiums have the option to make the documents available via the internet or on a computer screen and printed upon request.

(Information provided by Inger Garcia's column: THE CONDO LAWYER," on the CityNews of South Florida, Page 15, July 2008. www.citynewsfl.com)

STATE RIGHT TO HANG OUT LAUNDRY AND PRESERVE ENERGY

2008-07-12T04:32:00.000-07:00

The 2007 Florida Statutes gives everybody the right to dry clothes by sun energy!

Title XI
COUNTY ORGANIZATION AND INTERGOVERNMENTAL RELATIONS Chapter 163
INTERGOVERNMENTAL PROGRAMS View Entire Chapter

163.04 Energy devices based on renewable resources.--

(1) Notwithstanding any provision of this chapter or other provision of general or special law, the adoption of an ordinance by a governing body, as those terms are defined in this chapter, which prohibits or has the effect of prohibiting the installation of solar collectors, clotheslines, or other energy devices based on renewable resources is expressly prohibited.

(2) No deed restrictions, covenants, or similar binding agreements running with the land shall prohibit or have the effect of prohibiting solar collectors, clotheslines, or other energy devices based on renewable resources from being installed on buildings erected on the lots or parcels covered by the deed restrictions, covenants, or binding agreements. A property owner may not be denied permission to install solar collectors or other energy devices based on renewable resources by any entity granted the power or right in any deed restriction, covenant, or similar binding agreement to approve, forbid, control, or direct alteration of property with respect to residential dwellings not exceeding three stories in height. For purposes of this subsection, such entity may determine the specific location where solar collectors may be installed on the roof within an orientation to the south or within 45° east or west of due south provided that such determination does not impair the effective operation of the solar collectors.

(3) In any litigation arising under the provisions of this section, the prevailing party shall be entitled to costs and reasonable attorney's fees.

(4) The legislative intent in enacting these provisions is to protect the public health, safety, and welfare by encouraging the development and use of renewable resources in order to conserve and protect the value of land, buildings, and resources by preventing the adoption of measures which will have the ultimate effect, however unintended, of driving the costs of owning and operating commercial or residential property beyond the capacity of private owners to maintain. This section shall not apply to patio railings in condominiums, cooperatives, or apartments.

History.--s. 8, ch. 80-163; s. 1, ch. 92-89; s. 14, ch. 93-249.

New condo, association laws now effective

2008-07-07T04:44:00.000-07:00

New condo, association laws now effective

By Joe Kollin

Homeowners who flew their American flags on the Fourth of July won't have to wait until Veterans Day to fly them again. A new state law says they can fly their flags every day of the year — even if their association rules say they can't.

Another new law says condo owners no longer have the right to put solar panels on the roofs of their low-rise buildings. Associations feared that without regulation, owners could damage the roof over everyone's head. Now, they can only put up a solar panel if it is solely "within the boundaries of a condominium unit."

Five condo and homeowner association bills approved during the two-month legislative session that ended in May have been signed by Gov. Charlie Crist and became effective on Tuesday. Some are considered so confusing, however, that they may be changed next year.

Crist on May 1 signed a major condo reform bill that is effective Oct. 1.It does several things, from letting owners display small religious objects, such as Jewish mezuzahs, on their doorposts despite association bans, to preventing owners who owe money to the association from running for the board.

Last week, Crist vetoed a homeowner association bill because it included a provision he said would have weakened state regulation of association swimming pools.

One of the five bills that Crist signed into law is considered especially confusing. It involves the rewrite of condo insurance law, and includes everything from the responsibility of unit owners after a hurricane to how a board must rebuild a building. The law appears to contradict itself and other laws.

Although they are on opposite sides of nearly every issue, attorney Gary Poliakoff and Cyber Citizens for Justice President Jan Bergemann agree about the confusion.

"I doubt that those who drafted the amendment, and those who voted for it, can explain the consequences of their actions," said Poliakoff, whose law firm represents 4,300 associations.

Said Bergemann, whose organization seeks to protect owners from associations: "In this case I agree with [Poliakoff]."

The insurance law may accomplish something, however, said Yeline Goin, Fort Myers-based executive director of the Community Association Leadership Lobby, which represents boards in Florida.

She said that after recent hurricanes, disputes arose between associations and owners over responsibility for payment. The new law, she said, establishes a "fairly easy-to-follow rule, which is: if you insure it, you are responsible for repairing it after a casualty, and also for any shortfalls that arise because of a deductible."

The law makes several other changes, such as giving a new name to the state agency that enforces condo law: the Division of Condominiums, Timeshares & Mobile Homes.

Here are other highlights:

• Foreclosures. SB 1986 says that a bank or holder of a foreclosed first mortgage may be liable to a homeowner association for up to 12 months of past due assessments or 1 percent of the original mortgage amount, whichever is less. This could help take the burden off owners who would be forced to make up for the foreclosed owner.

• Liens and receivers. Condo associations can't file a lien against an owner without giving the owner 30 days notice, a change that prevents associations from filing a lien the day after it says a payment is due (CS, HB 1105). Homeowner associations are already required to give owners 45 days to pay a debt before a lien can be filed for unpaid assessments.

Article Courtesy of The Sun Sentinel

By Joe Kollin

Published June 6, 2008

Condo Buying & Ownership Made Simple

2008-06-26T19:15:00.000-07:00

Condo Buying & Ownership Made Simple

Is buying a condominium different from buying a single family home? You bet it is. Kay Senay, author of Condo Buying & Ownership Made Simple: Tips to Save Time and Money sets the record straight. She clearly informs the reader how to live happily in these communities and avoid the many pitfalls that catch the uninformed.

This book is dedicated to educating buyers and owners about this popular lifestyle. It delivers what the title promises. It is well organized and a very friendly read. The book features:

Kay’s Exclusive Checklists that help the reader gather vital information.
Hundreds of tips, points, and answers to the most commonly asked questions.
Definitions of confusing terms so the reader feels empowered.
A consumer-friendly approach---gets right to the “meat” without long-winded explanations.

The book explodes some of the myths like:

You can tell a condo is well managed if the maintenance fee is low.
I don’t need to read my association’s governing documents. They are only for the board of directors.
My condominium is brand new, so I don’t have to worry about any special assessments for a long time.

It also warns buyers that they may not be permitted to:

Run a business in their unit.

Have a garage sale.

Put up a “For Sale” sign.

Have a pet.

Rent their unit.

Display a flag.

Park a company car overnight .

Install a satellite dish for TV.

Feel free to contact Kay for more information or to answer your questions: www.condo-condominium.com

Kay Senay, Post Office Box 1572, Willoughby, OH 44096

Email: condotalk07 @ yahoo.com

Phone: 440-567-2145

Website: www.condo-condominium.com

Condo Buying & Ownership Made Simple: Tips to Save Time and Money is available through Barnes & Noble, Ingram, Baker and Taylor, Amazon.com, Atlas Books, better bookstores, and Kay’s website, www.condo-condominium.com. National television, radio, newspaper, and magazine campaigns are planned for late 2008.

+++++++++++++++++++++++++++++++++++++++++++++++++++++++++++

“Condo Buying & Ownership Made Simple" is thorough, readable and well-organized…

Having put in the time behind the desk and on boards, there is literally no stone left unturned.”

***** 5 Stars (Highest Rating) –ForeWord CLARION Reviews

Condo Board: Who is the boss?

2008-06-09T11:36:00.000-07:00

Yep. There is the question that is always posed and seems to have everyone, still scratching their heads. Here is something that appeared in the Miami Herald recently that tacles this question...

CONDO LINE
Who is the boss on condo board?

By RICHARD WHITE

Q: If the condo board is elected by popular vote and the president is chosen by the board, where does the authority rest?

W.W., Treasure Island

A: The board is composed of directors and officers. Directors have the responsibility for the operations, management and maintaining of common areas. This responsibility cannot be transferred to others. However, they can assign duties.
Many of the duties of the officers can be found in the bylaws but the board can also create policies and guidelines for the officers. As a simple answer, the president is a servant to the directors.

Q: You addressed the issue about recording minutes into permanent records of meetings held by a quorum of board. What about e-mails or other special meetings where no agenda was posted? I cannot find anything in FS 720 that addresses this issue. What should a board do if it has an informal meeting and minutes are taken?

R.R., Oldsmar

A: Anytime a quorum of directors meets to discuss association business, it is considered a board meeting and a notice of the meeting must be posted and the meeting must be open. If less than a quorum of directors meets to discuss business, it is not a meeting. Directors can send e-mail and make phone calls in the course of day-to-day business and communicating. Those are not considered board meetings and a notice is not required.

Q: Is it against Florida law for a non-member to attend a condominium association board meeting?

N.E., Tampa

A: The statutes do not address this. Perhaps your documents restrict attendees to members.

If your documents do not limit who can serve on the board, an adult non-member can be elected to serve as a director. This leads me to believe that any person can attend meetings.

http://www.miamiherald.com/home/story/552467.html

Does A Condo Board Member Have To Be A Deeded Owner?

2008-05-29T10:33:00.000-07:00

Dear Governor Charlie Crist, Dear Lt. Governor Jeff Kottkamp, Dear Senators, Dear State Representatives, Friends and Members,

In the last few years we have seen many heated discussions arguing the often asked question:

Can a non-member (not deeded owner) of an association be elected to serve on the association’s board of directors?

The Division says everybody, who is not a convicted felon with his civil rights not restored, can serve on the board of directors. The Division claims that Florida statutes are silent in this matter. But Florida statutes clearly state that (quote): "Any unit owner desiring to be a candidate for board membership shall comply with subparagraph 3.” That clearly means that only unit-owners can serve -- and some very specific eligible persons -- not just everybody who feels like it. Since only unit owners can be candidates, other people can't be elected, since you can only vote for candidates -- right? That would mean that non unit owners can only serve on the board if appointed?

That most definitely wasn't the legislative intent when this provision was added to the Condo Act.

Please read the full discussion with specific examples at:

http://www.ccfj.net/CCFJBoardmemberowner.htm

Isn't it disturbing that the Division refuses to accept complaints from unit-owners about non-members serving on the board claiming lack of jurisdiction, when we see the arbitration section of the Division taking months to make rulings on the legal standing of a trustee to serve on the board?
Florida's condo population wants to know from the authorities:
Does A Condo Board Member Have To Be A Deeded Owner?
That's a question that finally needs to be settled -- without unit owners having to spend huge amount of legal fees -- and getting no definite answer!

Warm Regards,
Jan Bergemann, President
Cyber Citizens For Justice, Inc.
http://www.ccfj.net/
http://www.ccfjedu.net

How to chair an association meeting?

2008-05-22T03:37:00.000-07:00

Do you want to learn how to chair an association meeting -- or how it should be done?

On Saturday, May 31, 2008 the Florida Association of Parliamentarians will hold their annual convention at the Hilton Garden Inn Ft. Lauderdale SW/Miramar, 14501 Hotel Road, Miramar, FL 33027.

Workshops:
Novice Workshop: Introduction to the use of Robert's Rules of Order Newly Revised in an organization's formation. This two-part class will be a basic introduction to the workings of the organization with emphasis on meetings, officers and their duties, and the bylaws which are the framework which governs the organization. Also covered are the boards and committees which are the tools by which the day-to-day work of the organization is accomplished. Robert W. Synnott is the workshop presenter.

Advanced Workshops:

The good, the bad and the ugly...condo and homeowner association information for parliamentarians. Community Associations, which include condominiums and homeowner associations, can reap immediate benefits implementing basic parliamentary procedure. NAP members must be familiar with the special rules of order governing these organizations to understand how they function and to protect themselves from the unauthorized practice of law.

The growing number of community associations presents an excellent opportunity for parliamentarians to share their expertise as trainers and as consultants in promoting the correct use of parliamentary procedure and bring civility to local communities. Workshop presenter Barbara Proctor, PRP, draws from actual experiences as a professional parliamentarian (since 1980) serving community associations in crises and as a Florida Licensed Community Association Manager (since 1998) working with residential communities as a property manager.

Dinner workshop (available for an additional fee):
Bylaws Everything you ever wanted to know about bylaws and more. Chris Dickey, PRP, will present this workshop.

Please use this link for registration information http://www.flparliamentarian.com/Meetings

Guide to Condo Conflict and Resolution Issues

2008-05-17T10:57:00.000-07:00

We have great news in the website:

http://www.floridacondomediation.com

We have uploaded a very useful:

Guide to Condo Conflict and Resolution Issues

In a very practical, handy way, this "Cheat Sheet" gives you information on

all what you need to know about solving condo conflicts with mediation,

like:

WHAT ARE THE MOST COMMON CONDO CONFLICTS?

HOW TO SUCCESSFULLY MANAGE CONDO CONFLICTS

CONFLICT MANAGEMENT SKILLS FOR THE BOARD

WHAT KIND OF CONDO CONFLICTS CAN BE MEDIATED?

HOW TO GET STARTED WITH A MEDIATION?

A COST-BENEFITS ANALYSIS OF MEDIATION

HOW DO YOU SELECT A CONDO MEDIATOR?

ADVANTAGES AND DISADVANTAGES OF MEDIATION

CONFLICT PREVENTION AND MANAGEMENT EDUCATION

You can download your two-faced printable Cheat Sheet, at

http://floridacondomediation.com/condocheatsheet.htm

Changes to FS 468 Part VIII Law

2008-04-28T07:08:00.000-07:00

http://www.ccfj.net/CCFJH995CHANGES.htm

Changes to FS 468 Part VIII
COMMUNITY ASSOCIATION MANAGERS
Compiled by Mark R. Benson CAM , CMCA, AMS, PCAM

I Changes the threshold for employing a licensed Community Association Manager (CAM) from 50 units to 10 units.

II Defines the term “community association management firm” (CAM Firm).

III Clarifies that a manager is a “natural” person to differentiate from a management firm that may also be referred to as manager.

IV Provides that appointment to membership of the Regulatory Council of Community Association Managers (RCCAM) not be delayed if a time-share manager is not available to serve.

V Clarifies that serving on an association board does not disqualify a person from serving on the RCCAM.

VI Provides authority for the RCCAM to promote education of the public concerning community association management.

VII Removes the requirement to pay RCCAM members $50 per meeting and provides they not be compensated except for per diem and travel expenses.

VIII Provides for “responsibilities” of the RCCAM to include but not be limited to:
A. Receiving input concerning management of association.
B. Reviewing, evaluating, and advising Division concerning revisions, and adoption of rules.
C. Recommending improvements to education programs of the Division.

IX Provides for licensure of management companies, as follows:
A. Provides threshold for licensure of CAM Firm the same as a CAM.
B. Provides for license application, fee and authorization to do business in Florida.
C. Requires there must be a responsible CAM for the CAM Firm.
D. Provides for a 30-day time limit to notify department of changes in the CAM Firm.
E. Provides two-year license term and renewal in odd-numbered years.
F. Requires that the Department certifies CAM Firm before issuing license to CAM Firm.
G. Requires CAM Firm may not operate without licensed CAMs.
H. Prohibits CAM Firm from using unlicensed persons to provide CAM functions.

X. Prohibits licensure of persons found to be doing CAM functions prior to licensure.

XI Provides for time-line for investigation of complaints and notification being provided to the complainant.

XII Provides that it is a violation to contract with an entity with which the CAM or CAM Firm has a financial interest without disclosure.

XIII Provides a CAM Firm is subject to specific grounds for disciplinary action.

XIV Provides a license may be reissued if compliance with discipline is completed.

COMMITTEE ON CONDOMINIUM & HOMEOWNERS ASSOCIATION GOVERNANCE

2008-02-20T12:07:00.000-08:00

SELECT COMMITTEE ON CONDOMINIUM & HOMEOWNERS ASSOCIATION GOVERNANCE

MORE SERIOUS ALLEGATIONS AGAINST BOARDS AT ORLANDO MEETING!

February 20, 2008

Dear Governor Charlie Crist, Dear Lt. Governor Jeff Kottkamp, Dear Legislators, Friends and Members,
Latest after the first three meetings of the House Select Committee the old fairy tale of the association attorneys that just a "few disgruntled owners are whining" can finally be laid to rest. The meeting rooms are packed -- and the presentations of the many owners -- willing to travel far distances to be heard -- can all be summed up in one little sentence: Total lack of enforcement and total lack of accountability of the people in charge. This creates the many problems the committee members hear about -- wherever they go! The excuse used by legislators from Central and North Florida that the problems only exist in South Florida were proven wrong in Orlando. And just wait for Tampa! Many folks living West of Orlando were told to go to the Tampa meeting because the conference room in Orlando was small!
Please read my report and comments about the Orlando meeting. It was just another eye-opener!
http://www.ccfj.net/HSCOrlandoMeetRep.htm

Just a little note that might give you a better picture how big the problems in some of these associations really are:
The meetings of the Select Committee draw bigger crowds than some of the big well-advertised rallies we saw about property tax reforms!
WHAT DOES THAT TELL YOU?

It is time that the statutes regulating associations are overhauled and real enforcement tools are created. Owners need real reforms, not just more band-aids! Legislators have to put a stop to financial mismanagement, uncontrolled spending, and even clear embezzlement in our associations and stop the financial bleeding many of our neighbors just can’t afford any longer. We need enforcement and accountability of the people in charge.

If you're interested, please don't miss the next meeting of the Select Committee in Tampa on Saturday, February 23, 2008!
Go here for more details: http://www.ccfj.net/HSCTampameetnotice.html
See you there!

And last not least: A BIG THANK YOU TO THE MEMBERS OF THE HOUSE SELECT COMMITTEE, who are willing to give their Saturdays listening to the problems of their constituents. We all should be thankful that there are still legislators willing to listen to us little guys, who can't afford fancy lobbyists!

Warm Regards,
Jan Bergemann, President
Cyber Citizens For Justice, Inc.
http://www.ccfj.net/
http://www.ccfjedu.net
Deland, FL
(386) 740-1503
IN ALLIANCE WITH:

League of United Latin American Citizens (LULAC)
Property Owners Association in the Villages (POA)
Service Employees International Union (SEIU) Local 11
Fair Housing Center of the Greater Palm Beaches (FHCGPB)

FIRST NATIONAL HOA + CONDO CONFERENCE IN FLORIDA

2008-02-14T08:09:00.000-08:00

FIRST NATIONAL HOA + CONDO CONFERENCE IN FLORIDA

February 13, 2008

Dear Governor Charlie Crist, Dear Lt. Governor Jeff Kottkamp, Dear Legislators, Friends and Members, Florida Homeowners and Condo owners,

The first National HOA + Condo Conference in Florida with national participation organized by owners, for owners, for the benefit of homeowners and condo owners nationwide was a great success. As planned, it was not a gripe show discussing horror stories, it was a two-day educational event with many excellent speakers and presentations -- seen from the owners' side of the problem. And a problem it is, just looking at the meetings of the House Select Committee on Condominium and Homeowners' Association Governance in Pembroke Pines and Miami Beach -- and more to follow!

I think we can finally put to rest the fairy tale that was fed to us for many years by the members of the industry -- Attorneys and managers: There are just a few disgruntled homeowners!

Please read the report about this conference at:
http://www.ccfj.net/CCFJCVECONReport.htm

Positive response to this conference has been overwhelming. During the week that followed this event, many persons have reported that they valued the knowledge gained here.

Owners need education in order to deal correctly with the beast called: Mandatory Association! Many costly mistakes are being made because people just don't know better. That goes for owners and board members alike. And the education should not come from a source that has a serious stake in the system: The Service Providers!

They sure have money in mind when trying to tell owners what's in their best interest!

We need education for owners, by owners and in the interest of owners!

Please listen as well this Saturday to "On The Commons" where talk show host Shu Bartholomew, who was a guest at our conference, and I will talk about this conference at length -- and what it means for owners!

Warm Regards,
Jan Bergemann, President
Cyber Citizens For Justice, Inc.
http://www.ccfj.net/
http://www.ccfjedu.net

TO SUCCESFULLY MANAGE CONDO CONFLICTS

2008-02-01T17:10:00.000-08:00

TO SUCCESFULLY MANAGE CONDO CONFLICTS

•1.- INFORMATION IS THE BEST DETERRENT. Be concerned about everybody understanding all condo association regulations. Offer to have meetings explaining the particulars. As long as everybody is familiar with regulations, they will know how to proceed, or what to expect when making individual decisions.

•2.- KEEP INSISTING ON BOARD TRANSPARENCY, and express your wish at every condo association meeting to have transparent decisions that all can support.

•3.- EITHER AS A BOARD MEMBER OR AS AN OWNER, stress how important cooperation and respect are for condo life. Model respectful behavior when you can.

•4.- GO OFF YOUR INDIVIDUALITY AND PLAN AT LEAST ONE ANNUAL GET-TOGETHER. Even when everybody is busy, getting to know people face to face is necessary to avoid conflicts. Tell everybody that you want them to knock at your door anytime if needed.

•5.- PEOPLE LOVE TO BE LISTENED TO. Find or establish clear channels for receiving complaints. Don’t let a claim fester! It would not hurt to solve them promptly or to give an answer soon. Use reflective listening as much as you can.

•6.- IF YOU FIND YOURSELF IN A DISPUTE WITH ANOTHER OWNER, calm down. Nobody is tearing down your castle yet. Collect the information and ask the right questions about the other owner’s perceptions.

•7.- FRAME WHATEVER IS UNDER DISCUSSION IN CONDO BOARD’S DOCUMENTS. It will give you a neutral ground where from diffuse interpersonal negative comments, present if there was an angry confrontation.

•8.- IF OTHERS ARE HAVING A DISPUTE, LEARN TO LISTEN. Reflective listening will bridge the gap. Reflect back to the other person what he said, ask: “Have I understood you well? What you want is….” Then, go ahead with: “Now, let me tell you what is what I want and we can work together on how to solve our needs”

•9.- CONDO MEDIATION WILL HELP. It is affordable, fast and can allow both sides to explore jointly the best solution. Call or write to us to find a mediator and schedule a session, here:

http://floridacondomediation.com/hireamediator.htm

FLORIDACONDOMEDIATION.COM info@floridacondomediation.com
3415 Galt Ocean Dr. Ft. Lauderdale, 33308 (954) 568 3620

Florida panel to hear home association complaints

2008-01-18T14:19:00.000-08:00

Florida panel to hear home association complaints
BY JOE KOLLIN South Florida Sun-Sentinel
January 17, 2008

The new state House committee created to look into problems in condo, homeowner and co-op associations in Florida will hold its first meeting in Pembroke Pines on Jan. 26.

State Rep. Julio Robaina, R-Miami, said Wednesday the hearing will run from 11 a.m. to 6 p.m. in the auditorium at Broward Community College's south campus, 7200 Pines Blvd. Robaina is chairman of the Select Committee on Condominium & Homeowner Association Governance.

The only other South Florida meeting will be from 11 a.m. to 6 p.m. Feb. 9 in Miami Beach , but an exact location hasn't been determined. Other meetings will be in Orlando, Tampa and Tallahassee on dates to be announced.

On Monday, House Speaker Marco Rubio, R-West Miami, announced a new committee to investigate accounting, budgeting, auditing and thefts of association funds by officers. He also wants it to investigate problems with elections, access to records and other issues.

He ordered the committee to report its findings and recommendations for new laws on March 3, a day before the start of the next legislative session.

The committee wants to hear from owners with evidence of financial irregularities. If an owner has had difficulty getting access to association documents, which must be open under state law, the committee will subpoena them, Robaina said.

"We want cases that have come to a standstill because of lack of information or stalling," he said.

The committee will consider nonfinancial complaints, but only from owners who can document they have tried unsuccessfully to resolve them, such as by mediation.

Only owners who can't get financial documents and believe they will need subpoenas should sign up in advance. Call Robaina's office at 305-442-6868.

Condo Living Report

2008-01-18T06:17:00.000-08:00

CONDO LIVING REPORT

In December-February 2006, a survey was conducted from this website asking visitors in their character of condo owners about the level of satisfaction they had with their respective board of directors. The underlying purpose of the survey was to isolate specific conflicts between the owners and their board administrators, with the intention of addressing those conflicts through a future process of mediation. It had six questions, listed here:

Question 1

How satisfied are you with condo life, especially related to your condo board’s administrative performance?

Question 2

Do you consider the process of electing condo board members as it is now, as fair?

Question 3

Is there enough transparency in your condo board’s decision-making process?

Question 4

Do you have easy and prompt access to all official condo documents?

Question 5

Are special assessments (extra payments due to unexpected expenses) convened upon with input from the majority of owners?

Question 6

Do you support the need for owners and board members to be more educated about laws, regulations, and bylaws concerning condos?

To obtain a copy of this Condo Living Report, please go to:

http://floridacondomediation.com/condoreport.htm

Many thanks!

Panelists at Pembroke Pines forum answer condo questions

2007-12-09T07:28:00.000-08:00

South Florida Sun-Sentinel.com
Panelists at Pembroke Pines forum answer condo questions
By Elizabeth Baier

http://www.sun-sentinel.com/news/local/southflorida/sfl-flbcondo1209sbdec09,0,7072466.story

South Florida Sun-Sentinel
December 9, 2007

Nearly 200 condo owners asked top state leaders on Saturday to help them limit the authority of boards that many described as "corrupt."Among their top frustrations were the lack of regulations for condo boards and delays in receiving responses to complaints filed with the state Department of Business & Professional Regulation.

"Boards should be abiding by the rules," said Florida's Condominium Ombudsman Danille Carroll, who led the three hour discussion at Broward Community College's South Campus. "If you have bylaws and you see your board is violating those laws, you need to do something about it."

She also encouraged those at the meeting to contact their local police departments if they are being intimidated or threatened by their boards.

Condo owners quickly lined up at two microphones and passionately questioned the panelists, who included state Reps. Evan Jenne, D-Dania Beach; Ari Porth, D-Coral Springs; and Julio Robaina, R-Miami. Does the president of a condo board have a legal right to change a lock on a door?(No.) How will the recent rise in foreclosures affect condo association regulation? (It's unclear.) Can a condo board request a W-2? (Yes.) What resources are available to folks facing retaliation or physical harm? (They should call their local police department.)

Harvey Wasserman, of Vero Beach, attended the meeting to file a complaint with the state's regulatory agency. He filed his first complaint in April after trying for months to obtain copies of financial statements, bid proposals and various contracts from the board at the Del Mar Condominium."It's been very difficult. I've been labeled a troublemaker. I've been called names at board meetings," said Wasserman. 55. "My reputation has been destroyed within the community."

The number of complaints against condo boards has gone up dramatically in the past five years, according to figures compiled by the state Division of Florida Land Sales, Condominiums & Mobile Homes. As of June 30, condo owners filed 2,682 complaints, compared to 1,413 complaints filed in the year ending June 30, 2002.

"I know there's a lot of frustrated people here," said Robaina, who in 2004 pushed through legislation that resulted in major changes to condo and homeowner association law.

"We have a lot to do to improve the laws that regulate condos in Florida."Carroll said her office is working to educate condo owners of the laws and regulations governing associations. A pilot program started in May in Miami-Dade County has allowed condo owners with incriminating evidence to fill out a form and send it to the state condo ombudsman. The ombudsman's office will screen the form and if it proves evidence of a crime, send it to the local police department, sheriff's office or state attorney for criminal prosecution.

In May, Broward State Attorney Mike Satz filed charges against four suspects in an alleged kickback scheme at Parker Plaza Estates, a Hallandale Beach condo. Joseph D. Greenberg, 83, the former head of the condo association, agreed last month to pay $250,000 in restitution, serve seven years' probation and forfeit ownership of his condo. The other three are awaiting trial.

Authorities have also charged Doris Weinstein, the former president of the Quadomain condominium in Hollywood, with grand theft, accusing her of using condo funds to pay health insurance premiums for herself and her husband. Weinstein, 64, has pleaded not guilty and is awaiting trial.

Lynn Kropf, of Pompano Beach, said she began questioning her condo board several years ago when her quarterly assessments rose more than 50 percent to about $1,200. She described the assessments as "alarming" and said it has made her consider moving out of condominiums altogether. "You just feel like you live in fear of what will happen to us if there's another assessment or hurricane," said Kropf, 49.

Jose and Josefa Gomez, of North Miami Beach, echoed the concerns, adding that the ombudsman's office has been a valuable resource. "We're learning what we can and cannot do and what our rights are," said Jose Gomez, 81. "They've been our salvation."

Elizabeth Baier can be reached at ebaier@sun-sentinel.com or 954-356-4637.

www.myflorida.com/condos

Condo Owners Accuse Boards of Intimidation and Incompetence

2007-11-02T18:53:00.000-07:00

Condo Owners Accuse Board of Intimidation, and Incompetence, During State Panel Hearing

Dozens of condominium owners offered hours of testimony about their hardships to a special state-appointed panel, during a meeting last Saturday.
The vast majority of owners and residents attending the June 25 meeting of the Advisory Council on Condominiums, held at the Miami International Airport Hotel, complained about issues related to their buildings’ boards of condo directors such as uneducated condominium associations, safety concerns arising from poor maintenance, and even vindictive board members who make life impossible for owners who voice concerns.
The ACC, a panel tasked with advising Florida legislators on condo issues, has been under fire recently for not supporting the bill that created the condominium ombudsman, and for recent allegations of an existing conflict of interest for two ACC members that has led condominium owners to file ethics complaints.
The allegations have come from others as well. State Rep. Julio Robaina sponsored the 2004 bill that created the condo ombudsman. Robaina said the council certainly gives the impression of impropriety by including two members whose firms often defend condominium associations in disputes with condominium owners.

ARTICLE COURTESY OF THE MIAMI SUN POST By Mario MartinezPublished Thursday, June 30, 2005
See more at: http://floridacondomediation.com/condo_owner.htm

Alternative Dispute Resolution Law in Florida

2007-10-31T12:20:00.000-07:00

FLORIDA
718.1255 Alternative dispute resolution; voluntary mediation; mandatory nonbinding arbitration; legislative findings.--

(1) DEFINITIONS.--As used in this section, the term "dispute" means any disagreement between two or more parties that involves:

(a) The authority of the board of directors, under this chapter or association document to:

1. Require any owner to take any action, or not to take any action, involving that owner's unit or the appurtenances thereto.
2. Alter or add to a common area or element.

(b) The failure of a governing body, when required by this chapter or an association document, to:
1. Properly conduct elections.
2. Give adequate notice of meetings or other actions.
3. Properly conduct meetings.
4. Allow inspection of books and records.

"Dispute" does not include any disagreement that primarily involves:
title to any unit or common element;
the interpretation or enforcement of any warranty;
the levy of a fee or assessment, or the collection of an assessment levied against a party;
the eviction or other removal of a tenant from a unit;
alleged breaches of fiduciary duty by one or more directors;
or claims for damages to a unit based upon the alleged failure of the association to maintain the common elements or condominium property.

(2) VOLUNTARY MEDIATION.--

Voluntary mediation through Citizen Dispute Settlement Centers as provided for in s. 44.201 is encouraged.

(3) LEGISLATIVE FINDINGS.--

(a) The Legislature finds that unit owners are frequently at a disadvantage when litigating against an association. Specifically, a condominium association, with its statutory assessment authority, is often more able to bear the costs and expenses of litigation than the unit owner who must rely on his or her own financial resources to satisfy the costs of litigation against the association.
(b) The Legislature finds that the courts are becoming overcrowded with condominium and other disputes, and further finds that alternative dispute resolution has been making progress in reducing court dockets and trials and in offering a more efficient, cost-effective option to court litigation. However, the Legislature also finds that alternative dispute resolution should not be used as a mechanism to encourage the filing of frivolous or nuisance suits.
(c) There exists a need to develop a flexible means of alternative dispute resolution that directs disputes to the most efficient means of resolution.
(d) The high cost and significant delay of circuit court litigation faced by unit owners in the state can be alleviated by requiring nonbinding arbitration and mediation in appropriate cases, thereby reducing delay and attorney's fees while preserving the right of either party to have its case heard by a jury, if applicable, in a court of law.

(4) MANDATORY NONBINDING ARBITRATION AND MEDIATION OF DISPUTES.--

The Division of Florida Land Sales, Condominiums, and Mobile Homes of the Department of Business and Professional Regulation shall employ full-time attorneys to act as arbitrators to conduct the arbitration hearings provided by this chapter.
The division may also certify attorneys who are not employed by the division to act as arbitrators to conduct the arbitration hearings provided by this section. No person may be employed by the department as a full-time arbitrator unless he or she is a member in good standing of The Florida Bar.
The department shall promulgate rules of procedure to govern such arbitration hearings including mediation incident thereto. The decision of an arbitrator shall be final; however, such a decision shall not be deemed final agency action. Nothing in this provision shall be construed to foreclose parties from proceeding in a trial de novo unless the parties have agreed that the arbitration is binding.
If such judicial proceedings are initiated, the final decision of the arbitrator shall be admissible in evidence in the trial de novo.

(a) Prior to the institution of court litigation, a party to a dispute shall petition the division for nonbinding arbitration. The petition must be accompanied by a filing fee in the amount of $50. Filing fees collected under this section must be used to defray the expenses of the alternative dispute resolution program.

(b) The petition must recite, and have attached thereto, supporting proof that the petitioner gave the respondents: 1. Advance written notice of the specific nature of the dispute; 2. A demand for relief, and a reasonable opportunity to comply or to provide the relief; and 3. Notice of the intention to file an arbitration petition or other legal action in the absence of a resolution of the dispute. Failure to include the allegations or proof of compliance with these prerequisites requires dismissal of the petition without prejudice.

(c) Upon receipt, the petition shall be promptly reviewed by the division to determine the existence of a dispute and compliance with the requirements of paragraphs (a) and (b). If emergency relief is required and is not available through arbitration, a motion to stay the arbitration may be filed. The motion must be accompanied by a verified petition alleging facts that, if proven, would support entry of a temporary injunction, and if an appropriate motion and supporting papers are filed, the division may abate the arbitration pending a court hearing and disposition of a motion for temporary injunction.

(d) Upon determination by the division that a dispute exists and that the petition substantially meets the requirements of paragraphs (a) and (b) and any other applicable rules, a copy of the petition shall forthwith be served by the division upon all respondents.

(e) Either before or after the filing of the respondents' answer to the petition, any party may request that the arbitrator refer the case to mediation under this section and any rules adopted by the division. Upon receipt of a request for mediation, the division shall promptly contact the parties to determine if there is agreement that mediation would be appropriate. If all parties agree, the dispute must be referred to mediation. Notwithstanding a lack of an agreement by all parties, the arbitrator may refer a dispute to mediation at any time.

(f) Upon referral of a case to mediation, the parties must select a mutually acceptable mediator. To assist in the selection, the arbitrator shall provide the parties with a list of both volunteer and paid mediators that have been certified by the division under s. 718.501. If the parties are unable to agree on a mediator within the time allowed by the arbitrator, the arbitrator shall appoint a mediator from the list of certified mediators.
If a case is referred to mediation, the parties shall attend a mediation conference, as scheduled by the parties and the mediator. If any party fails to attend a duly noticed mediation conference, without the permission or approval of the arbitrator or mediator, the arbitrator must impose sanctions against the party, including the striking of any pleadings filed, the entry of an order of dismissal or default if appropriate, and the award of costs and attorneys' fees incurred by the other parties.
Unless otherwise agreed to by the parties or as provided by order of the arbitrator, a party is deemed to have appeared at a mediation conference by the physical presence of the party or its representative having full authority to settle without further consultation, provided that an association may comply by having one or more representatives present with full authority to negotiate a settlement and recommend that the board of administration ratify and approve such a settlement within 5 days from the date of the mediation conference. The parties shall share equally the expense of mediation, unless they agree otherwise.

(g) The purpose of mediation as provided for by this section is to present the parties with an opportunity to resolve the underlying dispute in good faith, and with a minimum expenditure of time and resources.
(h) Mediation proceedings must generally be conducted in accordance with the Florida Rules of Civil Procedure, and these proceedings are privileged and confidential to the same extent as court-ordered mediation.
Persons who are not parties to the dispute are not allowed to attend the mediation conference without the consent of all parties, with the exception of counsel for the parties and corporate representatives designated to appear for a party.
If the mediator declares an impasse after a mediation conference has been held, the arbitration proceeding terminates, unless all parties agree in writing to continue the arbitration proceeding, in which case the arbitrator's decision shall be either binding or nonbinding, as agreed upon by the parties; in the arbitration proceeding, the arbitrator shall not consider any evidence relating to the unsuccessful mediation except in a proceeding to impose sanctions for failure to appear at the mediation conference.
If the parties do not agree to continue arbitration, the arbitrator shall enter an order of dismissal, and either party may institute a suit in a court of competent jurisdiction. The parties may seek to recover any costs and attorneys' fees incurred in connection with arbitration and mediation proceedings under this section as part of the costs and fees that may be recovered by the prevailing party in any subsequent litigation.
(i) Arbitration shall be conducted according to rules promulgated by the division. The filing of a petition for arbitration shall toll the applicable statute of limitations.
(j) At the request of any party to the arbitration, such arbitrator shall issue subpoenas for the attendance of witnesses and the production of books, records, documents, and other evidence and any party on whose behalf a subpoena is issued may apply to the court for orders compelling such attendance and production.
Subpoenas shall be served and shall be enforceable in the manner provided by the Florida Rules of Civil Procedure. Discovery may, in the discretion of the arbitrator, be permitted in the manner provided by the Florida Rules of Civil Procedure. Rules adopted by the division may authorize any reasonable sanctions except contempt for a violation of the arbitration procedural rules of the division or for the failure of a party to comply with a reasonable nonfinal order issued by an arbitrator which is not under judicial review.
(k) The arbitration decision shall be presented to the parties in writing. An arbitration decision is final in those disputes in which the parties have agreed to be bound. An arbitration decision is also final if a complaint for a trial de novo is not filed in a court of competent jurisdiction in which the condominium is located within 30 days. The right to file for a trial de novo entitles the parties to file a complaint in the appropriate trial court for a judicial resolution of the dispute.

The prevailing party in an arbitration proceeding shall be awarded the costs of the arbitration and reasonable attorney's fees in an amount determined by the arbitrator. Such an award shall include the costs and reasonable attorney's fees incurred in the arbitration proceeding as well as the costs and reasonable attorney's fees incurred in preparing for and attending any scheduled mediation.
(l) The party who files a complaint for a trial de novo shall be assessed the other party's arbitration costs, court costs, and other reasonable costs, including attorney's fees, investigation expenses, and expenses for expert or other testimony or evidence incurred after the arbitration hearing if the judgment upon the trial de novo is not more favorable than the arbitration decision. If the judgment is more favorable, the party who filed a complaint for trial de novo shall be awarded reasonable court costs and attorney's fees.
(m) Any party to an arbitration proceeding may enforce an arbitration award by filing a petition in a court of competent jurisdiction in which the condominium is located. A petition may not be granted unless the time for appeal by the filing of a complaint for trial de novo has expired. If a complaint for a trial de novo has been filed, a petition may not be granted with respect to an arbitration award that has been stayed. If the petition for enforcement is granted, the petitioner shall recover reasonable attorney's fees and costs incurred in enforcing the arbitration award. A mediation settlement may also be enforced through the county or circuit court, as applicable, and any costs and fees incurred in the enforcement of a settlement agreement reached at mediation must be awarded to the prevailing party in any enforcement action.

(5) DISPUTES INVOLVING ELECTION IRREGULARITIES.--Every arbitration petition received by the division and required to be filed under this section challenging the legality of the election of any director of the board of administration must be handled on an expedited basis in the manner provided by the division's rules for recall arbitration disputes.

History.--s. 4, ch. 82-199; s. 4, ch. 85-60; s. 10, ch. 91-103; s. 5, ch. 91-426; s. 7, ch. 92-49; s. 232, ch. 94-218; s. 12, ch. 94-350; s. 37, ch. 95-274; s. 859, ch. 97-102; s. 2, ch. 97-301; s. 12, ch. 2002-27.

How is condo life for you? Are you happy with it?

2007-10-31T07:12:00.000-07:00

So, do you live in a condominium? How is this situation working for you?

There are endless conflicts reflecting condo owners’ dissatisfactions with the performance of their board of directors.

What are those conflicts about? Let me tell the ways:

In terms of administrative performance, there appears to be a trend between condo owners and their representatives of constant poor communication.

There is indication of intimidation and power-hoarding as well.

The following comments in a recent survey reflect this:

“The board of directors is nothing more than a cabal that runs a gulag…”

“F- A result of pitifully little communication.”

“They are self serving and selfish. They are carried away with their own power….the President would never let you bring up anything unless he was in favor of the issue.”

“Board members do not have enough knowledge or sometimes common sense to deal with everyday problems.” (we will interpret this to mean knowledge of community issues/problems/needs)

“They are inefficient and ineffective in maintaining homeowner and association property…try to intimidate homeowners who voice complaints… ignore the needs and wants of homeowners and vote according to their own biases.”

“They have an air of dictatorship about the whole process of making decisions, as if we don't count.”

Are these conflicts full of potential for resolution through mediation?

Of course! If you visit

http://floridacondomediation.com/conflict_resolution.htm

you can see how easy is to implement decent and reasonable ways of keeping the cooperative spirit alive in any condo association.