Misery
By Association? New Laws?
Homeowners Complain About Condo, Homeowners Associations |
By NBC 6 Anchor/Reporter Bob Mayer
Posted March 18, 2004
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:
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:
"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:
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