Misery By Association? New Laws?
Homeowners Complain About Condo, Homeowners Associations

 
By NBC 6 Anchor/Reporter Bob Mayer
Posted March 18, 2004

After months of hearings and thousands of letters, state lawmakers say, they've gotten the hint -- many Floridians think homeowners and condo associations have too much power. Now, as Bob Mayer reports, lawmakers are considering changes to prevent more misery by association.

Association politics can get ugly, like at this condo association meeting in December. Eddie Hernandez says, his board consistently violated state condo law - withholding records, spending condo money on expenses it shouldn't have. 

 
"They'll get letters from the state that indicate what they're supposed to do, and they just won't," said Hernandez.

Hernandez has since become a champion for condo owners -- speaking to groups, testifying at public meetings, and organzing a recall against his condo's board. He is now his condo vice president.

"What I've wanted to see is justice for all," Hernandez told us.

"We have failed in the people in the state of Florida that live in a condo or a homeowners association," said Representative Julio Robaina (R-Dist. 117). He and other lawmakers held public hearings last year, where citizens complained, associations have too much power -- from dictating landscaping, to foreclosing on homeowners who don't pay fines.

"The outcry is out there," said Robaina.

Now lawmakers have drafted a bill to change condo law. Just a few potential changes:

  • reviving mandatory disclosure forms for condo buyers 
  • a condo and homeowners Bill of Rights 
  • and an ombudsman office with the power to actively police condo associations. 
"You have a problem, you call 'em, the ombudsman comes out and brings his folks," Robaina explained. "He has the power to actually monitor these meetings, they can monitor the elections."

So do we need condo new laws? Gary Poliakoff, whose law firm represents condominium associations, agrees that some changes are needed, but says most condos work well.

"There really is a full bounty of unit owner rights," said Poliakoff, "and a good starting point would be for them to be educated as to those rights, and for those laws which are in effect to be enforced."

There are also new suggestions for homeowners associations.

"I've heard that homeowners are being terrorized all over the state of Florida, and it's not right," said Karen Gottlieb.

Gottlieb served on the governor's task force on homeowners associations -- reading hundreds of pages of complaints. The biggest complaint: Since there's no state agency for homeowners to go to, people have to go to court.

Now the task force is recommending, in part: 

  • creating mandatory mediation for most disputes, before court, 
  • limiting an association's power to foreclose on a home, 
  • and tougher rules for financial reporting and competitive bidding. 
But Gottlieb still thinks one thing is missing: a state agency to oversee homeowners associations.

"Without any enforcement, everyone has to go right back to the same place -- to a lawyer -- to get any relief," said Gottlieb. "It's very costly. People cannot afford this. It's not right."

Two bills are in front of the legislature right now:
Click here to read the homeowners association bill: SB 2984
Click here to read the condominium association bill: HB 1223/SB 2498

CLICK HERE TO READ PART I !