Legislature backs owner in condo dispute
Thanks in part to one persistent person, state legislation has passed protecting the right of condo owners to rent their units. It awaits the governor's okay.

 
Article Courtesy of The St. Petersburg Times
By JUDY STARK
Posted May 8, 2004 

Steve Comley got a great 60th birthday present from the Florida Legislature: passage of a bill he backed preserving condo owners' right to rent their units.

Comley is the Amelia Island condo owner whose association in 2000 amended its documents to prohibit rentals of less than six months. That hurt Comley, who had rented his condo every summer to several longtime tenants for about a month each while he summered in Maine. He counted on that rental income to pay the mortgage on the waterfront condo, which he and his wife bought for $465,000.

The association refused to grandfather the Comleys in, so Comley turned to Tallahassee for legislative relief. He spent most of the spring working the halls of the Capitol, buttonholing legislators seeking support for a bill that would protect owners such as himself when condo associations change the rules.

On the last day of the legislative session - the day before Comley's May 1 birthday - his bill passed and was sent to the governor.

The specific language is this, under Section 718.110: "Any amendment restricting unit owners' rights relating to the rental of units applies only to unit owners who consent to the amendment and unit owners who purchase their units after the effective date of that amendment."

"It was a good birthday present," Comley said. "Maybe it will make a lot of other boards start to pay attention to the law. We've got to put a few boundaries on these boards that run roughshod over people's rights."

The legislation (SB 1184, HB 411) becomes effective Oct. 1 if it is signed by the governor. That doesn't help Comley directly, but the president of his condo association, Ed Johnson, said on Tuesday, "We'll bring it back to our board . . . and we'll pass it on to our members" to see whether they want to grandfather Comley in and let him continue to rent his unit.

Though Johnson had not seen the law and the membership had yet to consider it, he said it looks as if Comley will have to be allowed to rent his unit. "But I can't say for sure," Johnson said.

The legislation also provides for the creation of a condo ombudsman in the Department of Land Sales, Condominiums and Mobile Homes, which Comley pushed for long and hard (Section 718.5011). That person, who must be a lawyer, will act as a liaison between the division and condo boards, officers and other parties; provide education and resources; and "monitor and review procedures and disputes concerning condominium elections or meetings, including, but not limited to, recommending that the division pursue enforcement action in any manner where there is reasonable cause to believe that election misconduct has occurred."

Also created is an Advisory Council on Condominiums (Section 718.5015). The council will consider changes in condo law; review issues involving rights and responsibilities of owners in relation to those of the association; and recommend improvements in educational programs.

Other provisions in the legislation deal with:

* Procedures for placing items on a meeting agenda.

* Unit owners' right to speak at meetings.

* Installation of access ramps for unit owners with a doctor's note.

* Access to association documents.

* Prohibition of "SLAPP suits," lawsuits against individuals who speak before a governmental entity on matters related to the homeowners association.

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