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MORE LAWS WITHOUT TEETH?
By
Jan Bergemann
Published August 5, 2022
The so-called CONDO SAFETY REFORM BILL
(SB
4-D) contains a lot more provisions, but as usual
without real enforcement. Using the Division to enforce all
these newly created provisions is actually a joke. Their past
enforcement record is horrendous.
Quite some serious provisions are
targeting the developer, who is, according to the new law, being
forced to jump through a whole lot of hoops at turn-over. But,
no matter what the new law requires, owners should pay close
attention at the time of turn-over. A new board has to be
elected, consisting of unit-owners only. But, as we have already
seen in the past, developers are pretty good at finding
unit-owners running as candidates who are sympathetic to the
developer and who, once elected, make sure that the developer
will not be facing too many problems – or even get sued for not
following all the required procedure – or even the quality of
the building.
And then there is a provision
requiring the Distribution of the Inspection Reports. Posting
this report, electronic transmissions and publishing it on the
association’s website are the required publishing methods. But
what happens if the board is unwilling to follow these new
requirements?
Time will tell how all these new
provisions work out in daily life.
One thing is pretty sure: The Florida
Legislature will have their hands full during the next
legislative session creating laws that will help to really make
all these provisions effective. They will definitely have to
make sure that all the reserve funds this bill is creating are
protected against embezzlement, scams and especially misuse of
these funds.
How good are reserve funds if they are
no longer in the bank account when needed for the purpose they
were intended? That was the reason why many condo-owners voted
in the past against funding reserves – and are still against it!
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Jan Bergemann is president of Cyber Citizens For Justice,
Florida
's largest state-wide property owners' advocacy group.
CCFJ works on legislation to help owners living in
community
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associations. He moved to
Florida
in 1995 - hoping to retire. He moved into a HOA, where the
developer cheated the homeowners and used the association dues
for his own purposes. End of retirement!
CCFJ was born in the year 2000, when some owners met in
Tallahassee
- finding out that power is only in numbers. Bergemann was a
member of Governor Jeb Bush's HOA Task force in 2003/2004.
The organization has two websites to inform interested
Florida
homeowners and condo owners:
News Website: http://www.ccfj.net/.
Educational Website: http://www.ccfjfoundation.net/.
We think that only owners can really represent owners, since all
service providers surely have a different interest! We are
trying to create owner-friendly laws, but the best laws are
useless without enforcement. And enforcement is totally lacking
in
Florida
!
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