HOW ABOUT WE FOCUS ON
REAL CRIME?
By
Eric Glazer, Esq.
Published March 20, 2017
As we said last week, don’t be fooled by some of the new
legi slation that is supposed to crack down on condo crime. A bad
board member or manager stealing some money from the operating
account of a condominium is small potatoes to some of the real
crime that the Florida Legislature allows to fester in our
condominium associations. As usual however, this has gone
ignored for another legislative session. Let me explain:
Far and away ---- the biggest crook in all of
this is The Florida Legislature itself. As all of you know, each
condominium unit owner pays $4.00 per unit per year to the DBPR
for education, training, investigators and more. Instead of the
money staying at the DBPR and being used on the condo owners who
are paying the bill to solve the very problems the Grand Jury
Report addresses, only a percentage goes to the DBPR and the
Florida Legislature takes away millions of dollars each year,
sweeps it into the general fund and uses it for other people,
other things. THAT IS A CRIME! Taking money specifically from
condo owners and using it on other people for other things is
stealing from the condo owners. Is it not? And it adds up to
millions of dollars every year stolen from all of you. It
certainly adds up to much more than directors and managers are
stealing from community associations. But they try to deflect
your attention away from what they’re doing. Have you
concentrate on the left hand while they rob you with the right.
Where’s the bill that fixes that crime?
Is there one bill that targets developers
that refuse to turn over control of associations timely? A board
member refuses to turn over some condo records timely and The
Florida Legislature demands justice and a prison sentence for
the volunteer board member. Developers refuse to turn over
control of entire community associations and the penalty is………..NOTHING.
What about condo developers who fix the condominium’s common
elements with your money, even though the condominium is still
under a developer warranty? Is that not a developer stealing
your money? How about developers who deliberately fail to fund a
reserve account while the developer is in charge, leaves the
condo with massive repairs to make, no money to make them with
and is basically now judgment proof because the corporation he
opened already sold out the units? Is that not a crime? When a
developer prints exquisite advertising brochures showing what
the community will look like, suckers you in, and then fails to
build as promised, is that not a crime? But can anyone tell me
one time a developer has been prosecuted for condo crime in
Florida? I know of none. Let’s see a prosecutor’s office go
after one developer for ripping off the buyers he sold to. Let’s
see one new law that requires a developer to at least post a
bond that would guarantee owners have some money to recover if
the developer doesn’t build as promised or turns over a property
needing a complete makeover.
Instead, you have a Florida Legislature that
bends over backwards to protect developers. Remember when a few
years ago the 5th
District Court of Appeals said HOA developers must give HOAs a
developer warranty for the community? Literally, in an instant,
the Florida Legislature convened and passed a statute that said
developers do not have to give HOAs a warranty because “it would
create uncertainty in Florida’s fragile real estate market.” You
would think not providing HOAs a warranty would create
uncertainty in the market, but not here in developer
friendly/unit owner unfriendly Florida.
You want more evidence of theft on
a large scale that goes unaddressed each year by The Florida
Legislature? What about a bank purposely taking several years to
foreclose on a condominium unit? During that time, who is
preserving the bank’s collateral? Who is paying to make sure
that the unit doesn’t get flooded, that the unit has a roof over
it, that the unit is not accumulating mold and that the common
elements remain intact? The poor sucker condo owner is. Instead
of passing laws that make the bank pay assessments each month
during their foreclosure and in effect pay to preserve their own
collateral, that financial burden is put on all of you. The
Florida Legislature steals from you to give to the banks. It’s
Robin Hood in reverse.
If The Florida Legislature wants to really
make a dent in condo crime, how about they start by going after
developers, going after banks and by refusing to continue to
pick your pockets and steal your $4.00?
I’m actually writing this blog in my hotel
room in Tallahassee. I’m up here trying to do whatever I can to
help pass legislation that truly helps condo owners, instead of
just providing all of you smoke and mirrors. In any event, I
issue a challenge to The Florida Legislature to prove me wrong
this legislative session. Pass a law that requires the $4.00
that each owner pays to the DBPR to stay at the DBPR. Pass a law
that requires banks to pay more to condo associations when they
foreclose on a unit and requires a bank to pay assessments
during their foreclosure. Pass any law that shows us that you
care about how developers routinely take advantage of our condo
and HOA owners throughout the state. Until you pass any of these
laws, don’t hold press conferences telling the public about how
you’re tough on condo crime. You’re not. You’re only tough on
the board member volunteers, but cozy up to the developers and
the banks. While I’m here, I would be happy to meet with any
Legislator who truly has the heart to help and won’t cow tow to
the banks and developers. Surprise me and give me a call or
shoot me an e-mail. Next Monday well publish who was there to
help.
|
|
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 more than 2
|
decades and is the owner of Glazer
and Associates, P.A. a seven attorney law firm with offices in
Fort Lauderdale and Orlando and satellite offices in Naples,
Fort Myers and Tampa.
Since 2009, Eric has been the host
of Condo Craze and HOAs, a weekly one hour radio show that airs
at noon each Sunday on 850 WFTL.
See:
www.condocrazeandhoas.com.
He is the first attorney in the
State of Florida that designed a course that certifies
condominium residents as eligible to serve on a condominium
Board of Directors and has now certified more than 10,000
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.
|