The
Florida Condominium Alliance has a wish list, only instead of a paper
full of holiday gifts, this list is an agenda of four major changes the
group hopes to make during the 2009 legislative session.
At its first town hall meeting last week, members of the Condominium
Alliance spoke to a crowd of nearly 900 at the Wynmoor Community in
Coconut Creek about the issues it wants to focus on for the upcoming
session.
Fed up with what they see as unfair legislation for condo unit owners
and associations, association board members and others formed the
Florida Condominium Alliance, a lobbying group focused on making changes
to the Florida Condominium Act. The group is made up of officers and
boards members from associations in Miami-Dade, Broward and Palm Beach
counties.
The Alliance wants a law to force banks to foreclose on properties
within six months so remaining unit owners aren't stuck paying dues for
empty units. Currently, banks have the choice to pay the lesser of 1
percent of the original mortgage or the past six months of maintenance
and assessment fees. However, if a third party buys the unit, that buyer
must pay the overdue fees.
"This is a problem
for all of Florida," Aventura Commissioner Bob Diamond said. The
city of Aventura recently passed a resolution asking the state for
relief. Diamond said buildings in his area have been forced to cut back
on services.
Another change would allow nonessential services, such as cable, to be
terminated in a foreclosed unit. However, amenities are not allowed to
be denied, according to the Condominium Act.
"In Florida, you are forced to help your neighbor," said Mark
Bogen, a lawyer who writes a condo law column for the Sun Sentinel and
the Hi-Riser and also helped form the Florida Condominium
Alliance. Additionally, the Alliance wants a law to define home health
aide and require licensing for those individuals because of problems
with theft, abuse and indifference, with substantial fees for those who
operate without a license. Presently, anyone can be a home health aide,
regardless of training or experience.
Wynmoor resident Cliff Weiss said he is concerned about health aides who
do not have their own transportation and need others to bring them to
and from the communities in which they work.
The last law the Alliance is proposing would force unit owners to pay
their dues and fines. The Condominium Act states the Division of Florida
Condominiums, Timeshares, and Mobile Homes can enforce fines against the
association, but the association is powerless to fine unit owners.
"You each pay $4 [a year] for enforcement that [must be] going
toward something else," said Harold Goldberg, Wynmoor Community
Council president. Sen. Jeremy Ring helped develop the issues that the
Alliance supports, and he hopes Rep. Julio Robaina will back the
proposals as well. Robaina could not be reached for comment.
"The single biggest issue is, why should you have to pay more money
because someone else doesn't pay?" Ring said.