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. |