Bill would bolster homeowner rights

 
Article Courtesy of the TCPalm.com
By Michael Peltier 
Published April 14, 2004

TALLAHASSEE — A bill that would give homeowners more power in disputes with their homeowners associations is poised for final action after key House lawmakers approved the measure on Tuesday. 

"We need these protections for single-parcel homeowners," said Suzanne Eovaldi, a Port St. Lucie resident and homeowners advocate who testified before the House Judiciary Committee prior to Tuesday's vote. "We need to consider the average person in all this." 

Four months after a governor's task force approved a series of recommendations, the House Judiciary Committee approved a bill that further defines the rights of individual homeowners and sets up measures to reduce the number of lawsuits associations file against members. 

While the House bill heads to the floor, the Senate Comprehensive Planning Committee is expected to take up the measure today. If approved by the House, the bill could be passed by the Senate quickly. 

In January, a governor's task force approved recommendations bolstering legal protections for homeowners who complain about association boards and increasing the amount of information boards must disclose to prospective buyers. 

The 46-page document approved by the Homeowners Association Task Force is aimed at improving the climate in many planned communities where litigation between members and governing bodies over flower pots, flag poles and other issues has become a multi-million dollar legal business. 

Eovaldi, a member of the homeowners association-reform group Cyber Citizens for Justice, joined a handful of homeowners, developers and lawmakers who supported the measure. 

While acknowledging the bill didn't address all of the task force's recommendations, House lawmakers said Tuesday's action is at least a start toward limiting the power of association boards. 

"All the changes up here (in Tallahassee) are generally incremental," said House Judiciary chairman Jeff Kottkamp, R-Cape Coral. "While we're not going to have everything everybody wants, we're going to have a lot of it." 

Unlike condominium associations, which have been regulated by the Department of Business and Professional Regulation for years, the daily workings of homeowners associations have gone largely unchecked. 

The measure would give homeowners easier access to financial and disclosure data up front and allow them time during meetings to address their concerns. 

The proposal guarantees homeowners access to board meetings and at least three minutes to speak per item. The bill also requires boards to give at least 14 days notice of meetings called to consider special assessments. 

The bill also contains several provisions to protect individual property owners from being intimidated by their association boards or local governments. 

One provides for triple damages against the association or local government if the homeowner wins in court. 

The bill also requires mandatory mediation between individuals and associations before cases end up in court. 

"We're making some significant changes that we will now have to see how they work," Kottkamp said. "I wouldn't be surprised to see us back here making some changes. But whatever comes out of here will be a significant step."