The Condominium Act: Suggested
Amendments by Manuel Blanco, ME
The Condominium Act ("The Act") is Chapter 718 of
the Florida Statutes, a chapter of law that governs condominiums in
the State of Florida which is enforced by the Division of Florida
Land Sales, Condominiums, and Mobile Homes of the Department of
Business and Professional Regulation through the Bureau of
Condominiums. However, after experiencing how the Bureau handled my
complaints filed against my condominium's Association, I concluded
that the Bureau's educational resolutions plus The Act's loopholes
and flaws are ineffective against a knowledgeable association's
board of directors led by totalitarian board's leaders. The issues
about my Association's Board of Directors became so numerous and
significant that it lead to the development of the web site http://www.geocities.com/mblanco48/main.html
to make them available to all unit owners since a large number of
them do not reside in their units.
The Internet is gaining
momentum as a powerful communication and information medium not only
in corporations and in the government but in homes too. The Act
would improve greatly by incorporating to it the use of web sites,
e-mail, and scanners to photocopy association's documents to be
posted in the web. Consider the following suggested amendments to
The Act:
- Each condo association shall create its own web site having at
least the following:
-
A web page for each candidate to the board of
directors showing the candidate's qualifications and, if
candidate has served previoulsy as a board member for any
association, to disclose the name and address of the association
plus the candidate's title for each association the candidate
has served in the past. The web page shall be posted under a
directory titled "Board Candidates."
-
A web page for each candidate to any committee
under the supervision of the board of directors showing the
candidate's qualifications and, if candidate has served
previoulsy in a committee for any association, to disclose the
name and address of the association and the title of the
committee along with the candidate's title for each association
the candidate has served in the past. The web page shall be
posted under a directory titled "Committee Candidates."
-
A web page for each board member showing the
member's full name, title, date joined the board, date left the
board, e-mail address, how the member voted at a board meeting
and why and the date of the meeting. When the member leaves the
board, the member's web page shall be posted under a directory
titled "Past Board Members."
-
A web page for each property manager hired by
the board showing the property manager's full name, CAM number,
qualifications relevant to employment such as degrees and
licenses, employment history including name and address plus
duties plus lenght of employment for each previuos employer,
days and hours to be on duty, dollar amount of salary and other
benefits provided by the association, date hired by the board,
date terminating employment, and the e-mail address. When the
property manager is no longer serving the board, the property
manager's web page shall be posted under a directory titled
"Past Property Managers"
-
A web page for each office manager hired by the
board showing the office manager's full name, qualifications
relevant to employment such as degrees and licenses, employment
history including name and address plus duties plus lenght of
employment for each previuos employer, days and hours to be on
duty, dollar amount of salary and other benefits provided by the
association, date hired by the board, date terminating
employment, and the e-mail address. When the office manager is
no longer serving the board, the office manager's web page shall
be posted under a directory titled "Past Office Managers"
-
A board member shall have access to a web page
using a password chosen by the board member to post information
the board member deems that it should be disclosed to the unit
owners. The board member, not the association, shall be
responsible for the information posted in the web page.
-
All approved scanned-minutes of the
association, of the board of directors, and of unit owners.
-
All recorded association's governing
scanned-documents.
-
All scanned-communications to the unit owners
and residents from a board member or authorized by the board.
-
For each lawsuit filed against, or by the
association, a scanned-copy of the lawsuit.
-
All scanned-communications to the association
regarding violations by the association.
-
All scanned-fines paid directly, or indirectly,
by the association.
-
The association's scanned accounts receivable,
showing the name and title of the person who prepared it.
-
The Act should set guidelines regarding "board's
resolutions."
-
The Act should use clear meaning words to define
"The officers and directors of the association have a fiduciary
relationship to the unit owners."
-
The Act should require the Bureau to receive the
votes for the annual meeting of the unit owners via the Internet,
count them, and post the results of the elections on the Internet.
The association shall have Internet access in its management
office available to the unit owners who do not have Internet
access available somewhere else.
-
The Act should hold a board member, not the
association, liable for willfully and knowingly violating The Act.
The suggested amendments are not meant to cure all
loopholes and flaws in The Act. You can help improve the suggested
amendments by sharing with us your complaints against your condo's
board of directors by clicking HERE. |