Article Courtesy of The Sun
Sentinel
By South
Florida Sun-Sentinel Editorial Board
Published May 2, 2008
It's sad that
Big Brother has to prescribe a code so people in condominium and homeowner
associations will know how to be neighborly. But, indeed, that's what it
has come to.
The House and Senate have approved legislation detailing best practices
for condo and HOA boards. The bills are chock-full of sensible rules and
guidelines, and Gov. Charlie Crist would be right to sign them into law,
as expected.
The legislation culminates years' worth of attempts by Tallahassee to deal
with sordid disputes between associations and their residents. The South
Florida Sun-Sentinel Editorial Board opposed previous attempts
because the antidotes offered in Tallahassee would have resulted in more
mayhem.
This session's
bills, however, contain features that make sense. Management companies
hired by condo groups would have to be licensed, co-owners of a unit would
not be able to serve on the same board and directors accused of embezzling
money would be suspended from their boards. For HOA boards, a
House-approved bill would require new directors to read the association's
rules within 30 days of taking office and, settling a flinty dispute, both
the House and Senate have OK'd legislation designating size specifications
for flags flown by residents.
Pretty practical and sensible stuff. You're probably wondering why such
guidelines weren't on the books in the first place.
Remember, we're talking about condo and HOA boards here. No further
explanations needed.
Lawmakers sponsoring and advocating these bills, including Rep. Julio
Robaina, R-Miami, said they addressed many complaints raised by residents
at hearings earlier this year.
No one doubts there's a problem with condo and HOA board governance. There
have been too many instances of overzealous boards, and too many examples
of residents who should never have moved to a board-governed community in
the first place.
Until people make smarter decisions about where they move to, those
disputes will continue to emerge. Perhaps these new rules will improve
governance in the meantime.
BOTTOM LINE: The legislation includes many sensible rules.
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