HAVE THE PRAYERS OF HOA OWNERS BEEN ANSWERED?
By
Eric Glazer, Esq.
Published February 3, 2025
The first bills of the Florida
legislative session have been filed. One, HB 137
(Representative Edmonds) and its companion bill SB 120,
(Senator Burgess) may put HOAs on somewhat of an even
playing field with condominiums, at least when it comes to
having an Ombudsman.
Here is what the bill provides:
720.319 Homeowners’ association ombudsman.— (1)
ADMINISTRATION; APPOINTMENT; LOCATION.— (a) There is
created an Office of the Homeowners’ Association Ombudsman,
to be located for administrative purposes within the
Division of Florida Condominiums, Timeshares, and Mobile
Homes. The functions of the office shall be funded by the
Division of Florida Condominiums, Timeshares, and Mobile
Homes Trust Fund. The ombudsman shall be a bureau chief of
the office, and the office shall be set within the division
in the same manner as any other bureau is staffed and
funded.
(b) The Governor shall appoint the ombudsman. The ombudsman
must be an attorney admitted to practice before the Florida
Supreme Court and shall serve at the pleasure of the
Governor. The ombudsman, an officer, or a full-time employee
of the ombudsman’s office may not actively engage in any
other business or profession that directly or indirectly
relates to or conflicts with his or her work in the
ombudsman’s office; serve as the representative of any
political party, executive committee, or other governing
body of a political party; serve as an executive, officer,
or employee of a political party; receive remuneration for
activities on behalf of any candidate for public office; or
engage in soliciting votes or other activities on behalf of
a candidate for public office. The ombudsman, an officer, or
a full-time employee of the ombudsman’s office may not
become a candidate for election to public office unless he
or she first resigns from his or her office or employment.
(c) The ombudsman shall maintain his or her principal office
at a place convenient to the offices of the division
POWERS AND DUTIES.—The ombudsman has the powers
necessary to carry out the duties of his or her office,
including, but not limited to, the authority to do any of
the following:
(a) Access and use all files and records of the division.
(b) Employ professional and clerical staff as necessary for
the efficient operation of the office.
(c) Prepare and issue reports and recommendations to the
Governor, the department, the division, the President of the
Senate, and the Speaker of the House of Representatives on
any matter or subject within the jurisdiction of the
division. The ombudsman shall make recommendations he or she
deems appropriate for legislation relative to division
procedures, rules, jurisdiction, personnel, and functions.
(d) Act as liaison between the division, parcel owners,
boards of directors, board members, community association
managers, and other affected parties. The ombudsman shall
develop policies and procedures to assist parcel owners,
boards of directors, board members, community association
managers, and other affected parties to understand their
rights and responsibilities as set forth in this chapter and
the governing documents of their respective associations.
The ombudsman shall coordinate and assist in the preparation
and adoption of educational and reference materials and
shall endeavor to coordinate with private or volunteer
providers of these services, so that the availability of any
such resource is made known to the largest possible
audience.
(e) Monitor and review procedures and disputes concerning
elections or meetings, including, but not limited to,
recommending that the division pursue enforcement action in
any manner if there is reasonable cause to believe that
election misconduct has occurred and reviewing secret
ballots cast at a vote of the association.
(f) Make recommendations to the division for changes in
rules and procedures for the filing, investigation, and
resolution of complaints filed by parcel owners,
associations, or managers.
g) Provide resources to assist members of boards of
directors and officers of associations to carry out their
powers and duties consistent with this chapter, division
rules, and the governing documents of their associations.
(h) Encourage and facilitate voluntary meetings between
parcel owners, boards of directors, board members, community
association managers, and other affected parties when the
meetings may assist in resolving a dispute that involves a
homeowners’ association before a person submits a dispute
for a formal or administrative remedy. It is the intent of
the Legislature that the ombudsman act as a neutral resource
for both the rights and responsibilities of parcel owners,
associations, and board members.
(i) Assist with the resolution of disputes between parcel
owners and the association or between parcel owners when the
dispute is not within the jurisdiction of the division to
resolve.
(j) Appoint an election monitor.
(3) ELECTION MONITORING.— (a) Fifteen percent of the
total voting interests in a homeowners’ association, or six
parcel owners, whichever is greater, may petition the
ombudsman to appoint an election monitor to attend the
annual meeting of the parcel owners and conduct the election
of directors. (b) The ombudsman shall appoint a division
employee, a person who specializes in homeowners’
association election monitoring, or an attorney licensed to
practice in this state as the election monitor. (c) All
costs associated with the election monitoring process must
be paid by the association. (d) The division may adopt a
rule establishing procedures for the appointment of election
monitors and the scope and extent of the monitor’s role in
the election process. If the division does not adopt a rule,
then, to the extent applicable, rule 61B-23.00215, Florida
Administrative Code, must govern the administration of
election monitoring.
This act
shall take effect July 1, 2025.
SO HOA
OWNERS……..WHAT DO YOU THINK?
Do you
feel like someone out there actually cares for the
well-being of HOA owners?
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About
HOA & Condo Blog
 |
Eric Glazer graduated
from the University of Miami School of Law in 1992 after
receiving a B.A. from NYU. He has practiced community
association law for three decades and is the owner of
Glazer and Sachs, P.A. a five attorney law firm with
offices in Fort Lauderdale and Orlando.
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Eric is Board Certified by The Florida Bar in
Condominium and Planned Development Law.
Since 2009, Eric
has been the host of Condo Craze and HOAs, a weekly one-hour
show airing at 7 p.m. each Thursday on YouTube. This show allows
viewers to engage in live chats with Eric and other participants
but also enables a broader audience to access free advice,
making valuable insights more widely available.
See:
www.condocrazeandhoas.com
Eric is the first attorney in the State of
Florida that designed a course that certifies condominium and
HOA residents as eligible to serve on a Board of Directors and
has now certified more than 20,000 Floridians all across the
state. He is certified as a Circuit Court Mediator by The
Florida Supreme Court and has mediated dozens of disputes
between associations and unit owners. Eric also devotes
significant time to advancing legislation in the best interest
of Florida community association members.
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