Limited Data Is Available Regarding Number of Mandatory Homeowners' Associations; Options Exist for Information Gathering and State Oversight |
An
Opinion By Jan Bergemann Published February 11, 2010
OPPAGA (Office of Program Policy Analysis and Government Accountability) published its report about the State of Florida's mandatory homeowners' associations.
It more or less confirms what we had said all along: Approximately 2.5 million families live in homes that are unregulated -- and the State of Florida doesn't even have proper data regarding their existence.
OPPAGA's proposal to change this total lack of data and to collect the much needed information is the same simple suggestion I had made in 2004 during a meeting of the House Committee on Judiciary, chaired by then House Representative Jeff Kottkamp.
Add two simple questions to the form for the Annual Business Report for not-for-profit organizations. 1.) Are you a
mandatory homeowners' association regulated by FS 720?
Within a year we could finally work with real data -- and leave the guesswork out of our discussion. At the time of my proposal Peter Dunbar dismissed it and termed it complicated and expensive. But we know all the facts of his self-serving statements that often lack facts!
We would have known latest in December 2005 that there are enough mandatory members of homeowners' associations to finance a regulatory agency for HOAs with all the bells and whistles -- including an Ombudsman Office -- with an annual $4 fee from each owner, without having to use tax money from any general tax fund.
All it takes are a few sentences in a pending bill asking the Secretary of State to add these two questions to the Uniform Business Report form. And it's neither complicated nor costly. Actually, it would take a computer programmer maybe 10 minutes -- and the data can be processed electronically.
The reason why it wasn't done: Special interest -- attorneys and lobbyists like Peter Dunbar, Esq. -- convinced our legislators that it wasn't necessary. These attorneys knew exactly that it would be just a matter of time that HOA reforms would be enacted and a regulatory agency created by the legislature once the exact data was on the table -- no longer open to guesses. The exact data combined with common sense leaves no other option.
Many of the facts quoted in this OPPAGA report are well known. We know the attempts in other states to regulate HOAs. We know about the problems owners in mandatory HOAs are facing. In the last few years we saw many hearings of Task Forces, Select Committees, Living Study Councils and big Town Hall Meetings -- you name it, we had it! Names and locations changed, but the panel members always heard the same complaint from homeowners: NO PLACE TO TURN TO, NOT EVEN WITH SIMPLE QUESTIONS. More than 5 million people live in these mandatory homeowners' associations -- and they have no place to turn to, except costly private attorneys and overloaded courts.
The chart providing side-by-side comparison of state regulations (Exhibit 1 -- Page 5) for condominiums/cooperatives and homeowners’ associations speaks for itself. The solution for HOAs always ends with: "pursue through court system."
That
opens the question: What did the more than 5 million people living in
But
one statement in the otherwise well-written report really is disturbing
and paints a totally false picture (Page
4): "The review indicated that approximately 95% of homeowner
disputes are solved through either pre-suit mediation or arbitration,
which is typically more efficient and less expensive than the judicial
process."
This
"solution" is a great cash cow for his colleagues -- and that's
why
As we all know, mediation only works if two parties approach the meeting in good faith. You have heard enough in the last few years to know that good faith is the last thing to expect in association disputes.
The important part of the above sentence is: "....arbitration, which is typically more efficient and less expensive than the judicial process." That is exactly what we have said for years, but the less expensive part is exactly the reason why special interest attorneys are fighting it. We are talking greed, not protection of more than 5 million citizens!
Hopefully, our legislators are reading this report carefully -- and realize finally that they treated their citizens living in mandatory homeowners' associations as stepchildren of our society. This really has to change in order to create a much better quality of living in our community associations.
Let's
face it:
Remember,
Do
you honestly believe that folks from up North are enticed to move to
The OPPAGA Report offers good options -- if our legislators are willing to listen and act on them!
Thanks to the OPPAGA staff -- Rose Cook, Elizabeth McAuliffe, and Rich Woerner -- for writing a great report. It's now up to our elected officials to do the right thing and create the necessary protection for more than 5 million of their constituents!
IT'S HIGH TIME! |