THE CONDO Lawyer

Committed to justice for the Galt Condo Community

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] , 954-394-7461.

RECORDS REQUESTS
One of the biggest complaints by unit owners and minority Board Members alike has been the lack of transparency and availability to the condominium documents. If you need records from your Association and they are refusing to provide the documents you request, you may now seek to use the subpoena powers of the DBPR to assist. Pursuant to 718.501(5), if a unit owner presents the division with proof that the unit owner has requested access to official records in writing by certified mail, and that after 10 days the unit owner again made the same request for access to official records in writing by certified mail, and that more than 10 days has elapsed since the second request and the association has still failed or refused to provide access to official records as required by this chapter, the division shall issue a subpoena requiring production of the requested records where the records are kept pursuant to s. 718.112. So follow the correct procedure when requesting documents. Follow though and ask again. After the second refusal, have the DBPR issue a subpoena on your behalf. Notice, the new language state the word “shall.” Further, arbitration is also available after you file the proper notice of intent. Your attorney’s fees and cost will be awarded to you as the prevailing party once you show the DBPR that the Board refused to comply with your request as properly sent as set forth above. The Association will also be fined $500.00, possibly more, if you prove the willful malice in ignoring your request.

THE NEW TRAINING REQUIREMENTS
Now that there is some sort of an educational requirement, which is an improvement, the DBPR will be offering training directly and through various vendors. This training is also available for unit owners, not only the Boards and the Associations. It is a good idea to educate yourself and take a course about condominiums as soon as the classes are up to par and on point with the new laws. As good classes become available, we will inform you. There will be classes that come to your condominium and online opportunities available. The law on education now states:
“The division shall provide training and educational programs for condominium association board members and unit owners. The training may, in the division’s discretion, include web-based electronic media, and live training and seminars in various locations throughout the state. The division shall have the authority to review and approve education and training programs for board members and unit owners offered by providers and shall maintain a current list of approved programs and providers and shall make such list available to board members and unit owners in a reasonable and cost-effective manner.”

 
We will see how this new education and training help. There may need to be a testing component added to the laws next year.


If you have any comments or questions, I may be reached at: [email protected] , 954-394-7461.

Publisher’s Note:
Inger Garcia has worked tirelessly for the Galt Community, often for free, for justice for condo owners. She literally helped write this new legislation so highly favorable to condo owners.
Inger is running for our City Commission, District 1. The election will be held in March, 2009.

THE CONDO Lawyer PART I

THE CONDO Lawyer PART II

THE CONDO Lawyer PART III


CONDO ARTICLES HOME NEWS PAGE