BUREAU OF COMPLIANCE -- AND NOBODY COMPLIES?

An Opinion By Jan Bergemann
President, Cyber Citizens For Justice, Inc.

Published December 26, 2007

For years owners have complained about the lack of compliance in our associations caused by the failure of the Division of Florida Land Sales, Condominiums and Mobile Homes to enforce rules and statutes. We heard it again at the Annual Condo Ombudsman's Round-Up in Pembroke Pines on December 8, 2007. Many condo owners consider the "work" of the Bureaus of Compliance plainly a joke!

The same people who plotted to remove Dr, Virgil Rizzo from his office as Florida's first Condo Ombudsman (See: Top DBPR Officials Lied To The Governor And To The Media) and used a scheme accusing him of not complying with timely public record demand -- the whole accusation was a scam -- have much more serious problems complying with the rules.

We all know why the top executives of the DIVISION wanted Dr. Rizzo gone. With a tiny staff and little resources he showed within a short period of time that compliance can be accomplished, while the DIVISION with all of its big staff and resources doesn't get anything done! They surely didn't like Dr. Rizzo proving the DIVISION'S incompetence on a daily basis.

Latest example of a DIVISION executive that had problems complying with professional rules they are paid to enforce: Bureau of Compliance Chief and attorney, John Topa. Topa plainly failed to pay his BAR membership fees, making him "Not Eligible to practice law in Florida !" since September 30, 2007.

This is the information from the official website of the Florida BAR, dated December 23, 2007:

John Arthur Topa

Delinquent - FEES

Not Eligible to practice in Florida


ID Number:	-	377562
Address:		Dept of Business and Professional Reg 1940 N Monroe St Tallahassee, Florida 323996506 United States
Phone:		850.4143600
Fax:		850.4884483
E-Mail:



	County:		Leon
	Circuit:		2
	Admitted:		11/04/1983

In case you're not familiar with the rules of the Florida BAR in regard to membership fees:

(e) Late Payment of Membership Fees. Payment of annual membership fees must be postmarked no later than August 15. Membership fees payments postmarked after August 15 shall be accompanied by a late charge of $50 unless adjusted by the executive director with concurrence of the executive committee for good cause shown. The executive director shall send written notice by registered or certified mail to the last official bar address of each member whose membership fees have not been paid by August 15. Upon failure to pay membership fees and any late charges by September 30, unless adjusted by the executive director with concurrence of the executive committee for good cause shown, the member shall be a delinquent member.

Actually, that means that Topa has not been eligible to practice law in the State of Florida for the past three months, but the DIVISION doesn't care. How can you honestly expect to be able to enforce something, when you don't follow the rules yourself?

I honestly wonder how long Governor Charlie Crist and Secretary Holly Benson are willing to overlook the incompetence of the people in charge of the Division of Florida Land Sales, Condominiums and Mobile Homes. It's getting ridiculous!

We surely are not willing to wait any longer:

IT'S HIGH TIME TO GO AFTER THE DIVISION

FOR FAILURE TO DO ITS JOB!

Top DBPR Officials Lied To The Governor And To The Media