Article Courtesy of the Sun Sentinel

By Joe Kollin
Posted August 19, 2005

Most of the 4,000 queries received by the state's new condo ombudsman between April 1 and June 30 involved directors of associations, according to a newly released report.

Half concerned mismanagement and about a quarter alleged abuse of residents by directors.

"The major problem continues to be the incapability and inability of boards' members to properly manage the operation of the association," said Dr. Virgil Rizzo of Fort Lauderdale, who was appointed in December and who released the quarterly report this week. "Many directors lack the knowledge to effectively and successfully operate a corporation of residential units."

Of the remaining queries, said Rizzo, 15 percent were related to elections and recalls, while 10 percent cited abuse by association managers and management companies.

Although his office has no power to order changes, Rizzo said he worked with several boards during the period to educate directors about their jobs. Sometimes, though, he can't help.

"We might get a report that an elevator has been out of service for six months," he said. "Well, two weeks after it went out, the board should have had two bids on the table to get it fixed. But nothing in some places ever seems to get done. I can't force them to do it. The [state] can't force them to do it. These are the kinds of problems I can't resolve, especially if I'm not told until six months later."

In the abuse category, Rizzo includes directors who harass, intimidate and slander owners and selectively enforce rules and file liens and foreclosures.

"I can't do anything about abuse short of using a baseball bat," he said.

He will ask the Florida Advisory Council on Condominiums next month to join him in requesting that the Legislature come up with a solution.

"Officer and director abuse is a serious problem that perhaps may only be rectified by legislative intervention," he said.

Rizzo said his office responded to 80 percent of the 4,000 queries, most within a few days. He said he hopes to cut this to 48 hours.

Contact the condo ombudsman in Tallahassee at 850-922-7671 or by e-mail at [email protected]. His office at 1400 W. Commercial Blvd., Tamarac, should open in about two weeks with a local telephone number.