An important matter for condominium owners

 
Editorial Courtesy of the St. Augustine Record
Published March 21, 2004

The Florida Legislature has two bills making their way through the 2004 session that would affect the regulations and procedures under which homeowners could deal with problems they perceive created by condominium homeowners associations.

House Bill 1223 is sponsored by Rep. Julio Robaina, a Miami Republican, who is chairman of the state House select committee on condominium governance. Among its many co-sponsors is state Rep. Doug Wiles, a St. Augustine Democrat. The bill has co-sponsors from both parties. The bill has since been modified in the business regulation committee and is known as Committee Substitute for House Bill 1223.

A similar bill, Senate Bill 2498, has been filed by Sen. Evelyn Lynn, an Ormond Beach Republican.

Both bills deal with condominium associations and their regulations. The House bill creates an Office of Condominium Ombudsman that would deal with complaints from members of associations and other matters involving condominium associations. It also calls for an Advisory Council on Condominiums within the ombudsman's office.

It also provides for a grandfathering and modification of rental rights and certain voting criteria for any amendments that would deprive owners of rental rights.

In addition to the bills, Senate President Jim King, a Jacksonville Republican who also represents part of St. Johns County, is looking into concerns raised by Steve Comley, an Amelia Island resident. Comley's ire was raised when his homeowners association board voted in 2000 to stop short-term condo rentals of less than six months. Comley said he should be grandfathered in. He has been in Piper Dunes North since 1996. Other homeowners agreed with him but the board ignored those views, he said.

Comley favors taking the oversight of condominium homeowners associations away from the Department of Business Regulation because he says staff cuts have reduced the amount of attention the department can give to condominium association problems. The House bill would put the ombudsman office in the Division of State Lands where he said it belongs.

We favor Committee Substitute for House Bill 1223 because it ensures uniform condominium association governance to protect the vested rights of condominium owners, and it sets up a statewide condominium ombudsman to deal with condominium complaints.

Many thousands of St. Johns County residents live in condominiums that are governed by homeowners associations. They would be affected by whatever the Legislature does this session. Now is the time for them to join Steve Comley in raising their voices to legislators to support Committee Substitute for House Bill 1223.

We endorse, too, Sen. King's review of the issues Comley has raised about the Department of Business Regulation's staffing problems.

Our lawmakers can walk away from a lot on the table in Tallahassee this spring. But they must not ignore legislation that ensures fairer governance and an ombudsman's office to benefit the many residents of Florida who choose to live in condominiums.