“From Justice As A Foundation All Rights Flow” JANUARY 23, 2006 WHY
HB 391 IS NOT CONSUMER-FRIENDLY! HB 391 -- -- Rep. Domino -- Relating to Community Associations
CCFJ, Inc. Bullet Sheet: ·
FS 720.311 Amending Dispute
Resolution Blatant
attempt by attorneys to make dispute resolution in community associations a
closed shop in direct defiance for the economy and efficiency of mediation as a
tool of alternative dispute resolution. Much less expensive possibilities
available. Slap in the face of consumers! Instead of reducing cost, it will
increase the cost! Excluding fines
and similar issues from mediation kills the main idea for creating the mediation
provision. Lengthy discussions at HOA Task Force meetings created these
provisions. Public testimony about abuses created mediation provision for fines
and prohibition of liens and foreclosures for fines. The 2004 HOA provisions
proved very consumer-friendly and seriously reduced the number of abuses. The
proposed changes in HB 391 only serve the bank accounts of attorneys, while
providing again dictatorial powers to abusive board members. The proposed
provisions are detrimental to homeowners, removing important parts of the
reforms that had been created by the 2004 HOA Task Force bills. ·
FS
720.11 – Covenant Revitalization Will create more lawsuits. The momentary solution has already proven to be costly to owners. This will get the voluntary associations involved, where people are already waiting to make them mandatory. The Department Of Community Affairs is not prepared to take care of the arising problems. It forces homeowners to pay legal fees to opt out. Wrong solution! The dispute voluntary vs. mandatory association already creates enough lawsuits. This is a sneak-in attempt for issues already attempted before. At length discussed at HOA Task Force meetings during 2003 and 2004. ·
FS 718.110 – Mortgagee
Consent Removes a safeguard against dangerous amendments.
Homeowners often don’t understand the dangerous changes created by amendments.
Mortgage companies do! ·
FS 720.302 (5) So-Called
“Clarification” This proposed subsection is an attempt to remove
consumer protection created by FS 720 from older associations incorporated prior
to October 1995. ·
FS 720.303 Board Meetings HB
391 proposes changes to board meeting procedures, but still doesn’t remove the ·
FS
720.303(5) Inspection and Copying of Records This
will further reduce the already limited disclosure options. The attorneys always
claim that people already knew what they signed. Cost of up to $150!
Adding no liability for incorrect information.
Good faith clause! That
covers about everything! What
in HB 391 is consumer-friendly? I think that question is a lot easier and shorter to answer! VERY
LITTLE! Please let the committee members know that we vehemently oppose HB 391 as written. This bill is detrimental for the owners and serve mainly the service providers! It was handed to Representative Domino by Travis Moore, the lobbyist for the CAI and Becker & Poliakoff, P.A. It seems that Representative Domino is rather protecting the interests of the service providers than his constituents! HOUSE COMMITTEE ON CIVIL JUSTICE Next Meeting:
January 25, 2006 9:30 AM
CYBER CITIZENS FOR JUSTICE, INC JANUARY 23, 2006 |
