Two years ago, you may remember that a Miami Dade Grand Jury
issued a scathing report about condominium board members in
Miami Dade County. In sum, the report concluded that they’re
basically all a bunch of thieves who get on the board with evil
intentions including purposely diverting the association’s funds
to their own businesses and businesses owned by their family.
And if that’s not enough, it’s next to impossible to remove them
from the board and equally impossible to prevent them from
remaining on the board for all eternity. And those were the
flattering portions of the grand jury report.
As a result of that report, The Florida Legislature passed a
bunch of new laws aimed at officers and directors of condominium
associations. Apparently, Senator Jason Pizzo from Miami
believes Florida laws need even greater clarity, especially when
it comes to the election process and he filed Senate Bill 610
which does the following:
1. Getting a kickback is now a third degree felony;
2. Any director or member of the board or association who
knowingly, willfully, and repeatedly prevents access to records
commits a misdemeanor of the second degree; the term
“repeatedly” means two or more violations within a 12-month
period.
3. Any person who knowingly or intentionally defaces or destroys
accounting records that are required by this chapter to be
maintained during the period for which such records are required
to be maintained, or who knowingly or intentionally fails to
create or maintain accounting records that are required to be
created or maintained, with the intent of causing harm to the
association or one or more of its members, commits a misdemeanor
of the first degree (instead of being subject to a civil
penalty)
4. Any person who willfully and knowingly refuses to release or
otherwise produce association records with the intent to avoid
or escape detection, arrest, trial, or punishment for the
commission of a crime, or to assist another person with such
avoidance or escape, commits a felony of the third degree,
5. Each of the following acts is a fraudulent voting activity
related to association elections and constitutes a felony of the
third degree, (a) Willfully and falsely swearing or affirming
any oath or affirmation, or willfully procuring another person
to swear or affirm falsely to an oath of affirmation, in
connection with or arising out of voting or elections. (b)
Perpetrating or attempting to perpetrate, or aiding in the
perpetration of, any fraud in connection with any vote cast, to
be cast, or attempted to be cast. (c) Preventing an elector from
voting, or preventing an elector from voting as the elector
intended, by fraudulently changing or attempting to change a
ballot, ballot envelope, vote, or voting certificate of the
elector. (d) Using bribery, menace, threat, or any other
corruption to attempt, directly or indirectly, to influence,
deceive, or deter any elector in voting. (e) Directly or
indirectly giving or promising anything of value to another
person with the intent to buy the vote of that person or another
person or to corruptly influence that person or another person
in casting his or her vote. However, this paragraph does not
apply to the serving of food to be consumed at an election rally
or meeting or to any item of nominal value which is used as an
election advertisement, including a campaign message designed to
be worn by a person. (f) Directly or indirectly using or
threatening to use force, violence, or intimidation or any
tactic of coercion or intimidation to induce or compel an
individual to vote or refrain from voting in an election or on
any particular ballot measure. (2) Each of the following acts
constitutes a felony of the third degree, (a) Knowingly aiding,
abetting, or advising a person in the commission of a fraudulent
voting activity related to association elections. (b) Agreeing,
conspiring, combining, or confederating with at least one other
person to commit a fraudulent voting activity related to
association elections. (c) Having knowledge of a fraudulent
voting activity related to association elections and giving any
aid to the offender with intent that the offender avoid or
escape detection, arrest, trial, or punishment. This paragraph
does not apply to a licensed attorney giving legal advice to a
client.
So what do you think? Overkill? Or, necessary new laws? Will
this deter you from running for the Board?
