A bill creating an ombudsman with the power to fine condominium directors, remove them from association boards and resolve disputes has cleared its first hurdle in the state Legislature.

The ombudsman provision is one of several that, if adopted, would be the most significant change to condominium law since 1991. The bill is designed to protect millions of condo residents by reining in the power of boards.
A bill which would overhaul laws governing mandatory homeowner associations has not yet been filed for consideration by the Legislature, although officials of a state task force promise it will be shortly.

Two committees in the last few months traveled the state, heard what they called "horror" stories from condo and homeowners about their boards and each made proposals.

They were the House Select Committee on Condominium Association Governance, created by House Speaker Johnny Byrd, and the Homeowners' Association Task Force, created by Gov. Jeb Bush.

Other proposals for changing condo and homeowner association laws have been filed by individual senators and representatives and are being considered.

State Rep. Julio Robaina, R-Miami, chairman of the House Select Committee, is optimistic about approval of his committee's recommendations.

"It looks good; we have a good piece of legislation," he said on Friday.

In addition to giving power to an ombudsman, Robaina said the measure would make it less profitable for lawyers to file threatening letters against condo owners who are a few days late paying their maintenance or assessments. It also requires education for new board members so they don't step into the job with no knowledge.

The House Business Regulation Committee passed the proposal in a 33-6 vote that Robaina called non-partisan. The next two committees, State Administration and Appropriations, have set no dates for hearings.

Robaina said the importance of its passage by the Business Regulation Committee has become obvious.

"I have law firms, [association managers] and every group you can imagine that has anything to do with condos, coming through our office ... to protect themselves," he said. "I'm thrilled to death to see that."

Meanwhile, two weeks into the 60-day annual legislative session, no bill has been filed on behalf of the Homeowners' Association Task Force. The task force wrote a 46-page proposal that includes the first major change to homeowner association law since 1992.

Meg Shannon, spokeswoman for the state Department of Business & Professional Regulation, said those proposals will be considered. "Yes, there will be bills. At this time there is no reason to believe that there won't be," she said Friday.

Shannon said the department is having a bill drafted now in the Senate and expects one soon in the House. The department provided support for the task force.

Robaina said that if a measure for homeowners gets into trouble, he would consider including portions of it in his condo bill, such as making the condo ombudsman also apply to homeowner associations.