, 2012
A
homeowners’ bill of rights is desperately needed now – more
than ever before.
The
foreclosures and real estate crises have many associations
fighting for financial survival. But associations don’t really
go broke, the still paying owners do. The same homeowners that
did everything they agreed to, paid all dues and special
assessments, are going broke – courtesy of many anti-owner
statutes that protect the folks that caused that disaster. Why
should people be punished for the greed, incompetence and
outright stupidity of others?
But
a bill is not only needed to protect the owners from going
broke. It’s as
well needed to restart the flow of retirees and snowbirds coming
to
Florida
from up North, which had provided one of
Florida's greatest sources of income In former times.
Too
many horror stories of owners losing their homes and life
savings are making their way into the media on a daily basis.
These sometimes outrageous stories definitely deter even the
most daring families from moving to
Florida
– and risking their life-savings. Owners living in
Florida's community associations are talking to family members
and former neighbors up North – and spread the word, warning
them not to make the same mistake they made in believing in all
the promised claims when they decided to move to
Florida
.
Honestly:
Who wants to move to FRAUD
FRIENDLY FLORIDA?
Florida's economy and real estate market have suffered
tremendously when the flow of new retirees and snowbirds from up
North more or less stopped. We still have sunshine and sandy
beaches, but
Florida's reputation has suffered tremendously.
Arizona
and the
Carolinas
are now the top choices for vacation and retirement homes in the
sunshine.
The
former
Sunshine
State
is no longer the choice location for homes in the sunshine.
Florida
is Number One on the lists of all bad categories, from
foreclosures and corruption to lack of consumer protection.
This
has to change!
Florida's real estate market needs these retirees and snowbirds
to fill the many empty homes and condos. Developers and
contractors supplied many of
Florida's jobs -- in the past! Construction was creating lots of
tax revenue – and ever increasing property taxes.
We
need to make sure that this changes again.
Florida's economy can’t exist without retirees, snowbirds and
tourists. But before they all return, we need to make sure that
they realize that
Florida
is willing to protect their investments and their homes and
their life-savings.
Florida's economy needs a Homeowners’ Bill of Rights. And
it’s easy to create, no tax money needed. We still have the
sunshine, but we no longer have the good reputation of the
former
Sunshine
State
.
Here
are the main ideas of a bill that will help restore
Florida's reputation to its former glory:
-
Amend
FS 718.116(1)(b)1.b.
+ FS 720.3085(2)(c)2.: One
Two percent of
the original mortgage debt. Homeowners and condo owners can
not afford to pay for the maintenance of the collateral of
the mortgage lenders caused by irresponsible lending
policies of these institutions. Condo owners and homeowners
are losing their homes because of the banks’ failure to
pay their fair share of the maintenance costs.
-
Require
homeowners or unit owners to place
association assessments into the court registry as they
come due during the pendency of any foreclosure action by
the association (language from FS 83.60).
-
Add
authority, responsibility, and duties of Division of
Florida Condominiums, Timeshares and Mobile Homes to
FS 720, to provide Regulatory Oversight to
homeowners' associations to ensure compliance with federal,
state, and local laws (language from FS 718.501).
-
Add
board election
provisions, board member eligibility
and education
requirements for board members to FS 720.306 (language
from FS 718.112).
-
Turnover
of associations to owners from defunct developers
(language from FS 718.301).
-
Add
Mandatory Presuit
Mediation requirements to FS 718 before court or
arbitration proceedings can commence.
The
provisions in this proposal are all about consumer protection
– not about regulation.
The
best laws are useless without enforcement – and the potential
buyers of
Florida
homes and condos have long realized that
Florida
statutes regulating community associations are really a tool
without teeth. This has to change, if we ever again want to see
retirees and snowbirds buying homes and condos in
Florida.
