People can access condo records from
their board of directors. They can complain about their condo board
without being threatened by a lawsuit. And condo boards can't use
''ghost'' votes as a way to keep their members in office.
These are some of the 40 or so changes in
Florida's condominium laws that took effect on Oct. 1.
At least 100 people came to Miami Beach
City Hall on Tuesday night to hear about the new provisions that could
make their lives a little easier.
Earlier this year, a committee chaired by
State Rep. Julio Robaina gathered feedback from frustrated condo owners
throughout Florida. With that input, state lawmakers amended two condo
laws -- House Bill 601 and House Bill 995 -- this spring.
The large turnout at Tuesday's condo
workshop was not surprising in Miami Beach, where there are 40,825
condos that make up 62 percent of the city's housing stock.
There are an estimated 250,000 condos in
Florida with 1.5 million condo owners, said William Raphan, who manages
the Fort Lauderdale office of the state's Condo Ombudsman's Office.
Every three months, Miami Beach holds a
free workshop with Raphan for condo owners who have questions about
their rights and responsibilities. The workshops began in 2005, said
Lynn W. Bernstein, who coordinates the program. Next year, Bernstein
will offer free three-hour quarterly courses on condo finances, condo
rights and responsibilities, condo rules and regulations; and serving on
a condo association board.
Raphan said all the changes to the condo
laws are important. ''The Florida Legislature has never made so many
changes in condo laws at one time,'' he said.
Still, the laws don't deal with a
hot-button issue given the rising number of condo foreclosures: how to
collect assessments and fees from delinquent condo owners.
Among the new provisions Raphan outlined
on Tuesday:
• Condo
associations cannot issue ''SLAPP suits'' against condo owners who
complain in general terms about the association's board of directors and
its actions. Lawsuits can still be filed against condo owners who
criticize specific board members.
• Condo
association boards must provide condo records to condo owners who
request them. The state can subpoena the records from uncooperative
boards.
• The
state can slap monetary fines and criminal penalties against condo
association board members who break the law. The state can also remove
them from office.
• Condo
owners can add agenda items that must be heard at a board meeting as
long as they get 20 percent of the condo owners to support their
petition.
• Condo
owners who are delinquent in paying their assessments for 90 days can't
serve on a condo association board. The state can remove board members
from office if they have been charged with felony theft or embezzlement.
• Condo
association boards can't cast ''ghost'' votes on behalf of the
building's common areas -- such as closets and stairways -- to garner
votes for reelection.
• Associations
must conduct a financial audit every two years, and must have mandatory
reserves for roof repairs, painting and paving of parking spots.
• Associations
are required to inform condo owners about how much upcoming special
assessments may cost.
• Condo
buildings taller than three stories must be inspected by an architect or
engineer every three years.
Elaine Soffer-Siegel, who lives at the
Nine Island Condo in Belle Isle, applauded the changes to the state's
condo laws. "I agree with them. They will stop abuses by management
companies, condo board members and their lawyers.''