By Inger Garcia

My name is Inger Garcia. I have been an attorney in private practice since 1991. Prior to, I worked as an Intern Assistant State Attorney for Janet Reno in Miami; interned for Judges; and interned for my Law School Trial Program Director. I have been involved in real estate and litigation for over 16 years. If you have any comments or questions, I may be reached at: [email protected], 954-894-9962, or fax: 954 446-1635.

THE FINANCIAL AND RECORD KEEPING SHENANIGANS ARE BEING REVIEWED

- FINALLY WE ARE GETTING SOMEWHERE

This has been a long and hard fought battle for the unit owners and Boards to learn to live with the current state of the condominium laws, corporate laws, and often old and inconsistent condominium documents. To further exasperate the situation, the enforcement of laws has been inconsistent at best and outright ridiculous at worst. There has been no real discovery process or enforcement except for the Court, and the Courts were reluctant to step up.

However, there is light at the end of “the hallways.” For the next two months, we will be able to provide our legislature with the changes we suggest in the condominium and business laws. I request that anyone who has suggested changes to the law E-Mail or Fax to me your comments and suggestions so I can discuss them with the powers that be. Also send your stories that relate to record keeping, record disclosures, possible financial mishandling and outright theft that you see in your condominium.

In addition, any suspected kickbacks, illegal contracts or other improprieties may be addressed. Forward the information to the following E-Mail: [email protected] and/or Fax: (954) 446-1635. 

MANY TOWN HALL MEETINGS WILL BE SCHEDULED IN THE NEXT FEW MONTHS NOVEMBER MEETING IN PEMBROKE PINES

In November, I attended the Ombudsman’s Town Hall meeting at Broward Community College’s South Campus for over three hours. There were almost 200 condominium owners in attendance who participated. The panelists, included State Reps. Evan Jenne, D-Dania Beach; Ari Porth, D-Coral Springs; and Julio Robaina, R-Miami. Over 100 people walked up to the stage to ask questions and share their stories with the many state leaders. Florida’s Condominium Ombudsman Danille Carroll, who led the discussion, strongly suggested that the unit owners need to step up and do something if they want change. The unit owners need to report the problems and follow up. Danille and Julio Robaina stayed for over five hours to have discussions with the individuals in attendance and both showed great compassion and perseverance.

Both told the unit owners to contact their local police departments if they are saw criminal activity from theft, fraud, intimidation, assault or the like. We were invited to join the battle with them and were finally recognized for our side of this war as unit owners and minority board members. It was a breath of fresh air to see that our work is being recognized and that we will make a difference to improve our lives and homes.

The biggest complaint was the lack of regulations and enforcement of the existing regulations as concerns the condominium boards and the delays in receiving responses to complaints filed with the state Department of Business & Professional Regulation.

One clear theme was that the unit owners who do stand up and report or file claims are labeled as troublemakers.

Many complained that their reputations have been destroyed within the community they live in.

THE NEW COMMITTEE WITH SUBPOENA POWERS

Robaina was key to passing the legislation that resulted in major changes to condominium and homeowner association law in 2004. He is once again the key today. He has succeeded in implementing the task force in Miami-Dade and is working to expanding that force.

Because of all the hard work, finally, a committee with power to make changes and to actually investigate has been formed. The committee is charged with investigating the necessary changes to the Florida law as well as accounting, budgets, theft, elections and record access. This committee will be dealing with individual complaints so it can get to the heart of the problems more specifically.

House Speaker Marco Rubio created this seven-member Select Committee on Condominium & Homeowner Association Governance. He appointed Rep. Julio Robaina, R-Miami, our champion, as chairperson with six other state representatives including Joseph Gibbons, D-Hallandale Beach and Franklin Sands, D-Weston.

This committee of legislators has held two and is holding three more hearings in Sunrise, Miami Beach, Orlando, Tampa and Tallahassee in the next two months to determine what enforcement provisions and changes to Florida law are needed, especially as related to the finances. The Sunrise and Miami Beach hearings were very informative and many good suggested changes were made. Hundreds of people attended. Further, the Committee is issuing further summons to appear and subpoenas to specific associations in relations to documents. I will inform you of the specific findings and results.

This committee will be recommending changes in the laws in relation to condominiums, co-ops and homeowner associations. The committee has the power to help over 40 percent of those living in Broward, Palm Beach and Miami-Dade Counties.

FEBRUARY 1 AND 2ND - CCFJ NATIONAL HOA CONFERENCE

Another champion in our fight is Cyber Citizens for Justice, Inc. Jan Bergemann, President of CCFJ, Inc. hosted this conference, which had many important speakers, including the first Condo Ombudsman, Representative Julio Robaina, Radio Talk Show Host Shu Bartholomew, Mark Benson of the CAM Counsel, and others.

I was lucky enough to be included with this strong group of supporters. The Century Village East Clubhouse hosted one day of the conference. You may find a link to the information at: http://www.ccfj.net/CCFJCONFERENCECVE.htm for this and his future invites.

I also have been observing significant progress from the Courts. The Courts seem to finally be recognizing the individual unit owner’s and minority board rights. We have been receiving Court Orders allowing the unit owner to present our arguments for consideration.

We are finally being recognized as full-fledged citizens instead of second-class citizens. I will report more next month on the Court’s progress as well as what happens at the Town Hall meetings and conferences.

CLOSING

Many people are instrumental in seeking the necessary changes to the condominium law. These include Attorney Steve Rossi, who is a Board Certified Criminal law specialist, former FBI Agent  and prosecutor. Steve is working diligently with me to fight the criminal and accounting end of the condominium wars. He may be reached at: [email protected] and (954) 524-0506. Jan Bergemann, President, Cyber Citizens for Justice, Inc., who may be reached at [email protected]; Florida House of Representatives, Representative Julio Robaina, District 17, who may be reached at: (305) 442-6868; Ombudsman Danille Carroll, who may be reached at: (954) 202-3234; and last but not least, my good friend Dr. Grayson Walker, who may be reached at: (954) 567-0502 or [email protected].  

Beverly Kennedy has also allowed us access to her talk show for our important issues.

I have been an attorney in private practice since 1991. Prior to, I worked as an Intern Assistant State Attorney for Janet Reno in Miami; interned for Judges; and interned for my Law School Trial Program Director. I have been involved in real estate and litigation for over 16 years. If you have any comments or questions, I may be reached at: [email protected], 

Tel.: 954-894-9962,

THE CONDO Lawyer PART I

THE CONDO Lawyer PART II