+ Video Courtesy Channel 6 -- ClickOrlando.com
April 13, 2013
ORLANDO, Fla - The long running struggle by
Florida residents to have rights and regulations in place to challenge
Home Owner Association boards and developers is one step closer to
becoming law in Tallahassee.
Bill 580, sponsored by Republican state Sen. Alan Hays of
District 11, will go to a third subcommittee hearing next
Wednesday after passing a Community Affairs committee by a
unanimous 9-0 vote.
Hays’ proposed legislation would create “additional
grounds” for discipline of community association managers
and would mandate annual reporting to the Department of
Business and Professional Regulation.
says he is unaware of any state regulations for Home Owners
Associations and is convinced his proposed legislation would
give “more rights” to
home owners who have no recourse short of a lawsuit today.
proposed legislation comes after members of the Harbor Hills subdivision
in Lady Lake took concerns of alleged misuse of power by its’ developer
Clifford Cale, a long time resident of Harbor Hills, says taking any
neighborhood issue to court is simply a lost cause because the developer
uses the association dues for court costs.
“If I were to sue the association I’m suing myself,” Cale said.
During a meeting last week with Cale and three other members of the Harbor Hills neighborhood outlined several irregularities with the association including the fact that only two board members live in Harbor Hills.
Ralph Udick, a former army colonel and long time resident , is leading the effort for HOA laws.
Udick argues that under current HOA rules and regulations residents have no real objective mediator.
“We have no say, we have no voice and we have no vote,” Udick said.
of so-called “HOA’s from hell” have been documented by Local 6.
Arguments over lawn, paint colors, the right for kids to play outside ,
even the right of a former Marine to fly an American flag on his property
have been sticking points under various HOA boards across Central Florida.
While Hays is convinced the legislation is needed, he cautions that the
real work is just beginning.
In an email to lawmakers in Tallahassee Thursday, Udick stressed that the proposed legislation” will not be a burden to any well functioning, happy HOA. The DBPR would only respond to queries for assistance from citizens; It will not initiate any actions.”
If the bill passes the subcommittee hearing this week it would then go to a full vote in the House and Senate. Continue to check ClickOrlando.com for updates on this story.