By Jan Bergemann

Published April 20, 2005

Finally, today the Office of Program Policy Analysis and Government Accountability (OPPAGA) published the long expected review for the Department of Business and Professional Regulations, Division of Land Sales, Condominiums, and Mobile Homes.

The summary accompanying this report reads as follows (QUOTE):

“Condominium Program Should Process Complaints, Disputes Sooner and Enhance Program Services.”

Consumers file a wide range of complaints against condominiums.  The Division of Land Sales, Condominiums, and Mobile Homes does not close a significant number of consumer complaint cases and dispute arbitrations within intended timeframes.  The division also typically responds to violations it finds by sending informational and warning letters rather than taking stronger enforcement action, such as levying fines. 

The division and the legislature could take several actions to improve the timeliness and effectiveness of the division’s services:

·         Clarify statutory timeliness standards

·         Strengthen enforcement action

·         Improve business processes

·         Increase use of mediation

·         Continue the requirement that the division submit quarterly reports

Even if OPPAGA, being a polite government agency, doesn’t spell it out in words, the actual report is devastating and shows exactly what consumers all over Florida have claimed all along.

The division doesn’t fulfill its obligation and the division doesn’t create the consumer protection necessary to protect the welfare of Florida’s condo-owners.  We owners need a forceful agency willing to put its foot down, not one with a Secretary who feels that it is her job to lobby the legislature.

Condo-owners pay their dues, the money is there – so what keeps the division from doing the job?
 
Their excuses are plainly bogus.  Board members, attorneys and management companies are well aware that nothing will happen when they violate the rules.  Some even challenge complaining owners by telling them:  “Go, complain to the Division.  You’ll see how far that will get you!”

Owners from all over Florida have complained to our legislators about the Department of Business and Professional Regulations being useless.  Now we have it black and white!  And even as it wasn’t worded as strongly as many expected, everybody in the know got the message.  And since it was recommended by OPPAGA, our legislators should create clear guidelines to tell the DBPR exactly what to do.  Obviously, certain people can’t handle being given some leeway and need strict guidelines to do an acceptable job.  If that is what it takes, then let’s give them strict guidelines, so that Florida’s condo-owners get the protection against abuses they rightfully deserve!