AARP recognized the plight of Condo & HOA owners nationwide when it published “A Bill of Rights for Homeowners in Associations“.  The document is designed as a guide for state legislatures who are developing laws for such associations.

But will this Bill of Rights bring relief to the Florida Condo or HOA owner?

The Bill outlines 10 principles:

  1. The Right to Security against Foreclosure
  2. The Right to Resolve Disputes without Litigation
  3. The Right to Fairness in Litigation
  4. The Right to Be Told of All Rules and Charges
  5. The Right to Stability in Rules and Charges
  6. The Right to Individual Autonomy
  7. The Right to Oversight of Associations and Directors
  8. The Right to Vote and Run for Office
  9. The Right to Reasonable Associations and Directors
  10. The Right to an Ombudsperson for Homeowners

But Florida already has laws covering many of these principles.  In fact, Florida has more laws “protecting” such homeowners than most other states.

There is therefore a risk that our Florida legislators will congratulate themselves with having the forsight to adopt these laws - and take no further action.

But the problem in Florida is that enforcement of these laws is weak, and the laws themselves are written in language which is vague or ambiguous.  So uneducated boards violate the laws because they are unaware of them, and abusive boards violate the laws by exploiting their ambiguity - or ignoring them with impunity.

So, while our Florida legislators do deserve credit for the laws they have enacted for protecting Condo & HOA owners, we need to let them know that their work is not complete.  Our Florida laws need to be reviewed within the context of the AARP Bill of Rights, they need to be clear and unambiguous, and they need to be enforced.
property