Article Courtesy of The Sun Sentinel
By Joe Kollin

Published June 7, 2006

The state's new condominium ombudsman says she hopes to remain neutral in Florida's condo wars while her predecessor says he plans to devote his time to his serious health problems.

Danille Carroll, appointed last week after Gov. Jeb Bush fired Dr. Virgil Rizzo, said she will keep the Fort Lauderdale branch office and its staff, maintain the educational programs and official Web site, and monitor elections when requested.

"I'm really excited about starting," said Carroll, 39, a "homegrown Miami girl" who has never lived in a condo. She had been an assistant general counsel for the Department of Health.

Her new job includes mediating disputes between owners and boards, educating owners and directors, monitoring elections and reviewing and recommending changes to condo law.

"We'll keep the South Florida office because there are so many condos down in that area and I'll travel back and forth," she said.

Carroll lives in a Tallahassee rental apartment and says her lack of firsthand condo experience "in some ways [is] a good thing. It allows me to be very neutral in my thinking.''

Carroll, a graduate of Killian High in Miami, Florida International University and the University of Texas School of Law, said she is aware she will be dealing with two opposing forces in Florida condos.

On one side are attorneys, management companies and others in the industry who oppose change that would rein in the power of boards. Leading the charge has been the Community Association Leadership Lobby, part of the Becker & Poliakoff law firm that represents about 4,000 associations in Florida. CALL has been a constant critic of the ombudsman.

On the other side are grass-roots movements that want to weaken the power of boards. Chief among them is Cyber Citizens for Justice in DeLand, which has supported the ombudsman.

Last week Carroll telephoned Jan Bergemann, president of CCFJ, and plans to meet him in person today. Donna Berger, executive director of CALL, is on vacation.

Carroll said she wants both to work together.

"That's what the Legislature intended, to bring everyone together," she said. "I believe they can and I'm the one to do it. The Legislature intended for me to be a neutral person, someone in the middle, someone without a horse in the race."

Rizzo, 69, a Fort Lauderdale condo resident, was the nation's first condo ombudsman when appointed by Bush in December 2004.

He spent much of his time fighting what he called interference by the Department of Business & Professional Regulation, including attempts to prevent him from monitoring elections.

State legislators who created the ombudsman's job, including Rep. Julio Robaina, R-Miami, said the office was designed to be independent.

"My firing was a culmination of the dispute over whether the Legislature controls the ombudsman or the department controls the ombudsman and according to my staff's research, the Legislature controls the office," Rizzo said.

Since February he has been involved in another fight. He has had two operations for a recurrent spinal cord injury with a third surgery imminent and a fourth likely.

"I have my own battle right now for my health and that has become more important than fighting for the independence of the ombudsman's office," he said. "I'm elated I don't have to continue. I wish the new ombudsman the best of luck."