It seems many folks are surprised about the devastating report published by the Miami/Dade Grand Jury. Actually, it’s nothing new! Remember the report of Julio Robaina’s

“FLORIDA HOUSE OF REPRESENTATIVES SELECT COMMITTEE ON CONDOMINIUM & HOMEOWNERS ASSOCIATION GOVERNANCE”

in 2008?

The wording was different, but the contents was more or less the same: The enforcement of the statutes by the Division is more or less non-existing. During the meetings of the Select Committee we heard the testimony of owners showing the financial disasters created by boards and service providers. But the Florida Legislature showed little to no interest in changing the laws to protect the owners against abuses and financial losses.

At that time Michael Cochran was the Division Chief. At that time we never expected much from the Division. But when Kevin Stanfield, who attended all Select Committee hearings and listened to the horrendous testimony of many owners, took over, we expected quite some changes, considering that Kevin Stanfield had listened to all the testimony – and knew exactly what was going wrong! But in all reality it actually got worse once Kevin Stanfield took over!

I will never understand why our Florida Legislature bothers each year with making changes to the community association statutes, if they are not interested in creating provisions that would make sure that the provisions of the statutes can easily be enforced. The State collects each year $4 from each owner paid into the Condo trust Fund, but only a small portion of this “designated” money finds its way to the actually intended purpose, most money is “abused” by the Legislature, the same as much of the money paid by owners into the association maintenance funds.

Does the Legislature set a bad example, showing board members and service providers how it shouldn’t be done?

We all know that the best law is useless without enforcement. So why bother to create more laws if it comes without enforcement?