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

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.

 

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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