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New laws give condo directors more power

The bill gives more freedom to condo directors when preparing for storms and dealing with the aftermath

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Laws that govern how much power condo association directors have were signed by Gov. Charlie Crist last week.

While some groups that represent condo associations hail passage as good legislation, the new laws that take effect Jan. 1 are not exactly what its sponsor envisioned.

It was the intention of Rep. Julio Robaina, R-Miami, to protect condo owners from overly powerful condo directors, and some of those provisions were watered down.

However, House Bill 995 now offers condo board directors emergency powers that Community Advocacy Network has long endorsed.

Attorney Donna D. Berger, a partner in Katzman & Korr of Fort Lauderdale, heads up Community Advocacy Network and said its members “should be very proud of the role ... played in making this bill a worthwhile piece of legislation that now protects condominium unit owners and good board members, while making it more difficult for self-serving directors to continue to act unilaterally.”

House Bill 995 now contains the following emergency powers language that Community Advocacy Network has endorsed for the past two years, giving boards more guidance “and latitude” when dealing with storm preparations, and the aftermath of storms, Berger said last week:

-- The ability to conduct board and membership meetings with notice given as is practicable even if the statute or documents would otherwise require greater notice;

-- The ability to name as assistant officers persons who are not directors, which assistant officers shall have the same authority as the executive officers to whom they are assistants during the state of emergency to make up for the absence or incapacity of any association officer as a result of the storm;

-- The ability to implement a disaster plan before or immediately following the event for which a disaster has been declared including, but not limited to, shutting down or off elevators, electricity, air conditioners, water, sewer or security systems;

-- The ability to declare any portion of the condominium property unavailable for entry or occupancy to unit owners, family members, tenants, guests, agents or invitees to protect the health, safety and welfare of such people;

-- The ability to cancel and reschedule any association meeting;

-- The ability to require the evacuation of the condominium property in the event that the local authority issues an evacuation order;

-- The ability to mitigate further damage including the ability to contract for debris removal, removal of wet drywall, insulation, carpet, cabinetry or other fixtures inside the units to prevent or mitigate the spread of mold, mildew or fungus;

-- The ability to contract, on behalf of the unit owners, for items or services for which the owners would ordinarily be responsible but which are necessary to prevent further damage to the condominium property. Some of these services could include the drying of units, the boarding of broken windows or doors, the replacement of damaged air conditioners or air handlers to provide climate control in the units or to other portions of the property.

In the event the association chooses to do undertake these emergency services, the unit owner or owners benefitting from them are responsible for reimbursing the association for the actual costs of the items or services and the board may lien such owner or owners for nonpayment of same;

-- The ability to levy special assessments without a vote of the membership even if a contrary provision requiring such approval exists in the condominium documents; and

-- The ability, without owner approval, to borrow money and pledge association assets as collateral to fund emergency repairs and carry out the association’s duties when the operating funds are insufficient.

This kind of guidance for volunteer boards struggling with storm preparation and storm cleanup is long overdue and a welcome addition to 995, Berger said.

William D. White, who operates a property management group in Naples and is on the board of Community Association Institute South Gulf Coast chapter’s board of directors, tracks legislation summed up the changes as follows: that HB 995 calls for a two-year license for all association management firms, and each firm must designate a licensed Community Association Manager to respond to all complaints filed with the Florida Department of Business and Professional Regulation, which oversees condo associations; and that the piece of legislation, which endured numerous amendments, and became the train bill for at least 25 different attempts to rewrite rules governing condo and community associations, also spells out disciplinary action for management firms that flout the intent of the laws; that includes making association records easily available to an owner requesting them; furthermore, units owned by the association may not be counted toward a quorum, and those units do not carry a vote; condo associations with more than 10 units may not allow co-owners of the same unit to serve as association directors at the same time. An owner delinquent in payment of assessments is not eligible for board membership; and, officers or directors who are more than 90 days delinquent in assessment payments shall be considered as having abandoned his or her office; and association emergency powers were rewritten, providing directors with “very broad powers to deal with disasters and declared states of emergency,” White said.

Overall, HB 995 is a good bill, White said.

Comments

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One can question whether the bill's increased power given Directors to bind the Association and incur expenses is a "restriction" on abusive and overbearing condo Nazi's or an extension of their power to abuse. To the extent that the bill provides restrictions on who and when certain individuals can serve - bravo.

Now lets see the legislature take on the Homeowner Association Nazi's.

#1 Posted by chap914 on May 4, 2008 at 9:50 p.m. (Suggest removal)

Screw the condo commandos. These idiots don't have anything more important in life to complain about other than a truck parked in their parking lot, not everybody has the same overhead door light, kids are in the pool, trash can isn't in 5 minutes after the trash has been picked up, etc. I could go on forever. No wonder all these old basturds have heart attacks and other health problems, they get themselves so worked up over what their neighbors are or aren't doing. GET A LIFE!!

#2 Posted by napleska7 on May 4, 2008 at 10:58 p.m. (Suggest removal)

Couldn't agree more napleska7 I have a condo--the association looks in my windows to see how often I am home. I finally threatened to call CCSO and they backed down. Nosy frog heads. repeat GET A LIFE!!!

#3 Posted by earthgirl on May 5, 2008 at 7:19 a.m. (Suggest removal)

You all are correct, lets give some examples. Has anyone ever lived in Turtle Lake Golf Colony near Pine Ridge and Airport? That place not only the Directors, the residents are out to get each other. Some people should simply not live close to other people. One time my parking sticker was not in the correct place and an orange sticker was placed on my window. The condo commandos make living in Turtle Lake a nightmare.

#4 Posted by time on May 5, 2008 at 8:01 a.m. (Suggest removal)

We owned our New England home. Stone walls made for good neighbors, of which we were privileged to count many. Neighbors looked out for one another. We didn't rat out one another over the wrong color drapes.

We're privileged to have good neighbors on Manasota Key. Our condolences go out to those who live beneath the jackboot heel of 'condo kommandos' and their chivatos - snitches - who rat out neighbors over picayune violations.

When househunting in Florida in 1993, our first request was, no deed restricted/gated communities.

We bought condos in Palm Springs, California a decade ago. We read the CC&R's. We determined we could easily abide them. We did.

An old friend, former chief of police in Rhode Island expressed it well, 'people can save themselves future difficulties by simply reading their deed.'

Dr. Paul Vincent Zecchino
Manasota Key, Florida
05 May, 2008

#5 Posted by paul_vincent_zecchino on May 5, 2008 at 8:26 a.m. (Suggest removal)

The Home Owners Associations are just as bad. Here at Stoneybrook you can't go to the restroom without prior approval! BTW, these are the same folks that want to incorporate Estero.

#6 Posted by Jetaime on May 5, 2008 at 8:31 a.m. (Suggest removal)

Gotta love when they introduce themselves. "I'm the president of the association."

#7 Posted by FedUp on May 5, 2008 at 9:15 a.m. (Suggest removal)

It is a power trip. Many of these people would not be qualified to be in a paid position like that. Although they are not paid directly, many association officers get money back from the landscape company, the insurance company and other companies that do business with the association.

#8 Posted by time on May 5, 2008 at 9:22 a.m. (Suggest removal)

The Village Walk Association made it feel like a prison, and they received vacations from Subway, who ran the restaurant for a short time, then they walked out on the lease leaving $8,000 plus in unpaid bills for the members to pay. We are so glad to be out of there.
I agree with you "time", it is a power trip for people who would never get a job of authority any other way. And nobody ever admitted to voting for them.

#9 Posted by pippin on May 5, 2008 at 10:50 a.m. (Suggest removal)

Ok...I have said it before. The problem with HOA's and Condo Associations is that the rules are written by the DEVELOPERS' Attorneys to benefit the DEVELOPER, not the residents. The people who get on the Boards may well want to change the rules, but this is often exceedingly difficult AND they and anyone who lives in these ABSURD associations are legally OBLIGED to see the rules are enforced. DUMB??? yes, but you can avoid living under such a regime IF you read the dang documents BEFORE you sign on the dotted line. To be sure you understand the implications of legal documents which govern you...before you sign on that dotted line...go over all the documents with your Board Certified Real Estate Attorney. If you cannot live with the documents: DON'T buy there in the first place. Some associations have more resident friendly documents...many are simply ridiculous.

When we moved here from another spot in Florida we escaped a CCD and Association. I served on the Board. I was even Chair (refused to be called "the President" ....but I was.)

Now, PLEASE listen. Only if people REFUSE to continue to sign their rights away when they sign to buy into an association will this kind of tyranny be curtailed. Buy outside an HOA., etc. You may not have a community swimming pool, etc., but you will have your life and freedom back.

#10 Posted by BlueTonguedVole on May 5, 2008 at 10:58 a.m. (Suggest removal)

One more thing...the best Board member is one who really doesn't want to serve. I was drafted and was elected by a huge majority when the Developer turned over the Association to us. I uncovered a lot of inconsistencies and problems left over from the Developer. Our board fixed them. Where I lived in another county, the rules were pretty reasonable and not as crazy as the ones we read when we moved here. I was so glad we did review many of these documents with our attorney as he prevented us from the nightmare pippin experienced. (We looked at Village Walk and many other such communities.)

The finalists for the home we eventually bought were in HOAs which had far more reasonable rules and dues. However, we bought completely outside of any Association and our whole family could not be happier!

Next time you buy...anywhere,
1. follow the advice of a Board Certified Real Estate Attorney after he/she reviews ALL the documents associated with your proposed purchase.
2. unless you are prepared to live within the rules and implied financial obligations of such an Association...DO NOT BUY there.

Consider calling, writing and emailing your state representatives and senators telling them your horror stories and how the DEVELOPERS have usurped your freedoms.

Good luck to all who live within the self imposed tyranny of an Association and chafe at the loss of freedom.

#11 Posted by BlueTonguedVole on May 5, 2008 at 11:16 a.m. (Suggest removal)

The s*** is about to hit the fan.

#12 Posted by 676 on May 5, 2008 at 11:19 a.m. (Suggest removal)

Blue, I don't think the rules are the big problem in everyday life, it is the simple harrassment by the Directors and many times ordinary residents that think of themselves as defacto enforcement of the rules. I do not live in an HOA, I live in Golden Gate, an area where I do not have to answer to condo commandos.

When I lived in a condo, I had to deal with the condo commandos. These people have nothing better to do, or just want to show off some power they believe to have in place.

These HOAs also have too much money. They collect on every sale, every assessment, fines, in additon to the monthly/quarterly fees. The management companies suck the HOA of their money, in the end, they win.

#13 Posted by time on May 5, 2008 at 11:22 a.m. (Suggest removal)

Twenty percent of all Floridians live in association's. Think it's bad now? Just wait until no one wants to serve on these boards and the communities go into melt down and the only solution is the receirvership by the state.

#14 Posted by mattmaki on May 5, 2008 at 11:24 a.m. (Suggest removal)

time, if you know of kickbacks...this sounds illegal. I would contact an attorney about this.

Every time I read a story like this one or read Richard White's column in the Sunday Real Estate section I just wish I could reach out and help more people understand what fiduciary responsibility means and what it means move into Associations. Most people when they buy a home, are making the single largest ($$$) purchase in their lives. Perhaps some of the seasonal folks who are truly wealthy are less concerned.

I saw the nightmare up-close and personal. One HOA Board in a nearby community where we lived before even had a riot during a meeting and a gun was pulled. People should have more choices. Associations should have limits and the developers should be held to common sense standards which means making rules to benefit the residents. Over ammenitizing communities puts future owners at risk for insolvency or exceedingly high dues.

Last comment on this subject...if you are stuck in such a community for a while consider joining Community Association Institute to stay informed about potential legislation such as the statute which is the subject of this article. Get active to counteract this kind of increase...find ways to push legislation to humanize associations.

#15 Posted by BlueTonguedVole on May 5, 2008 at 11:31 a.m. (Suggest removal)

time, Association documents vary. I know there are condo commandos who are tin-horn wannabe enforcers. The best associations have professional managers and attorneys to hold down this kind of over jealousness.
After looking literally had hundreds of homes everywhere from Audubon to Lely, Longshore to Berkshire Lakes and even Naples, we chose to move into Golden Gate Estates. We joined a voluntary civic association. I love voluntary!

Some Associations may be set to collect on sale...etc. but if you live in one consider going to the budget meetings and before you buy in, get that info to your attorney. Associations cannot make a profit but they need reserves for some common risks.

Mattmaki is also right. If no one serves receivership can make even an overzealous board look like a dream.

#16 Posted by BlueTonguedVole on May 5, 2008 at 11:41 a.m. (Suggest removal)

i would like to see a condo commando try and defend themselves, it's near impossible but i would like to see it

#17 Posted by NeezDutz on May 5, 2008 at 12:34 p.m. (Suggest removal)

Blue, the lack of an HOA is one of the best attributes of the Estates. There is very little an attorney or another type of paid advocate, can do about kickbacks, it is going to happen. When the condo bored looks at a few landscape companies, there is only one way one company can be chosen.

You are correct, that associations should have limits. But I don't think the board or the owners can stop the condo commandos. Also, the condo commandos do not need to be old, when I lived in Turtle Lake, there were plenty of 30-something condo commandos.

#18 Posted by time on May 5, 2008 at 12:35 p.m. (Suggest removal)

Time writes:"When the condo bored looks at a few landscape companies, there is only one way one company can be chosen."

When I served, we conducted bidding for the landscape contract in the way many governments do. We opened the bids during our open Board meeting and had the competing companies make presentations to the Board. There was no opportunity for impropriety. Everything we did was out in the open. We even invited the residents to join us when we had the companies walk the property with the chair of the landscape committee and the chair/president and property manager.

We allowed and encouraged the residents to ask questions about the companies and the contracts. We then discussed the merits of each proposal and voted in this open meeting.

Too bad that you had experiences which were not open or believe that such corruption is rampant. I am a skeptic about many things, but there still are honest people and processes in place. If not in this county, in other counties.

Collier County does seem to be filled with more contentious people. In all of my time with Florida as my home base, I have never encountered more animosity in almost every situation from shopping to government. When I take pleasure or business trips to other areas I experience some culture shock because people seem to be more respectful of others. Not that every place else is great, but sadly the atmosphere seems to breed contempt and blow away compassion and any vestige of manners.

Opps, have to get out of here for an appointment. Good luck folks.

#19 Posted by BlueTonguedVole on May 5, 2008 at 1:01 p.m. (Suggest removal)

If you can not abide by the rules you should not live in a Condo Association.

#20 Posted by suntan on May 5, 2008 at 1:37 p.m. (Suggest removal)

To suntan:
Even if the rules are intrusive, ludicris, more stringent than any other county or state rules?
I guess that you are one of the commando's that the previous 19 posts are speaking of. GET A LIFE!!!!!

#21 Posted by earthgirl on May 5, 2008 at 2:41 p.m. (Suggest removal)

If you don't like the rules you can try to change them, but in the meantime the rules are the rules.

#22 Posted by pauls on May 5, 2008 at 4:46 p.m. (Suggest removal)

Whatever you do do not buy in Saturnia Lakes. That place is a nightmare. The board has been full of New York Soprano wannabe's who have destroyed the place by threatening people and underhanded business practices.

#23 Posted by umleed on May 5, 2008 at 5:01 p.m. (Suggest removal)

Pauls, it isn't the rules. It is the condo commandos that make life difficult. They get a lift by making themselves feel superior by thinking they have this type of authority. I am completely in support of obeying rules, but not harassing people.

umleed, elaborate...

#24 Posted by time on May 5, 2008 at 5:10 p.m. (Suggest removal)

Bermuda Park has a pool nazi.

#25 Posted by Paradise on May 5, 2008 at 6:56 p.m. (Suggest removal)

I have not rear one Post that is about the Article, just venting by people who have no business living in a Condo Association.

#26 Posted by suntan on May 5, 2008 at 7:02 p.m. (Suggest removal)

This is very scary! It is already bad enough in a complex just south of Pipers Grove - won't mention the name. There are approx. 5 associations, I don't know about the other 4, but there are lots of EVIL commandos, lying, greed, corrupt behaviour & I would be sure kickbacks! As the newly re-elected president lied, by stating last job was "retired" from, NO it was more like "fired" from!! Fees have already jumped up $420 per quarter! The evil, has made it impossible for anyone else to run & win the job! I hope justice will prevail!!!

#27 Posted by citychick on May 5, 2008 at 11:20 p.m. (Suggest removal)

Fees and Condo Commandos!

Let's address fees;
Any property management firm in Naples or elsewhere has a license to steal "soft money" off the backs of others which in other legal terms is called graft. Insurance is at the top of the list. Additionally, the new law should have incorporated a max number a of properties an agency should be allowed to handle. Time and time again a CAM is too strapped with the amount of doors under his/her belt.
Also watch out for the owner/operator CAM who sells their company that property owners would eventually have a new CAM/Owner, but the previous operator on the side negotiates future contracts with the same property, under a different license; a month later the property owners bail on you, leaving you with a shelled out company.
Maintenance and landscape is another issue, The associations are bilked out of non-legitimate maintenance and landscape fees i.e., like replacing clogged sprinkler-heads versus cleaning them or bringing in a non-licensed A/C or electrician performing work.
Let's address the Kookmandos;
have you ever noticed how old they are. Most are "Boomers," that group born after WWII. Self-centered, "I got mine you can't have yours," curtain-watching..., well you get the picture. Advice;
Read the documents, because the "Boomer Gens," have incorporated every made up rule in the docs, that you need a county permit to breath. They are layered and have promoted themselves into the board hierarchy and designed the rules to keep your kind out; Whatever kind that is? Except for folks "LIKE THEM!" which is another Kookmando. That is why they feed on one another, you just happend to be in the way.

Yeah, we could all live out in the "Gate," but see the problem here is most condo properties are smack dab, right-in middle, just-on-the-way, in the right area, just-a-short-commute to the jobs, beach, shopping, distance to work, highway exit etc., Now with rentals at the right price, now those speculators turned apartments into condos are mighty attractive, especially all the auctions going on.

Advice;
You need to force your way into these communities, and get on the boards, keep it legal, change the way they do business and put a stop to the nonsense. NOW, stay humble and go out and do it!

#28 Posted by kbraniff on May 6, 2008 at 8:30 a.m. (Suggest removal)

Suntan, so who does like being harassed, having the rules change daily, who needs a 5 star restaurant in a community for just 850 homes to support in a gated community? being assessed for things just a few people wanted like a bocce ball court.. Well we didn't and we moved, and they have to miss us because we followed all of the rules, and we always paid their exorbitant fees and assessments on time...
Village Walk doesn't take bids for the lawn care, it isn't something the residence have a say about.
TrueGreen has it locked up, must be related to someone.
We live on a golf course in NC now in a very friendly neighborhood....NO ASSOCIATION...We don't need one ....

#29 Posted by pippin on May 6, 2008 at 11:51 a.m. (Suggest removal)

I do have to admit things are changing just like Naples did in the 43 years we lived there..
Tiger Woods and Arnold Palmer are building golf courses here, and the gated communities are starting to pop up everywhere.

#30 Posted by pippin on May 6, 2008 at 11:59 a.m. (Suggest removal)

Suntan, what are you talking about? The comments you have "rear", or read i guess, are all about the article. These idiots already harass their neighbors enough as it is, and this new bill is giving me them more power!

#31 Posted by napleska7 on May 6, 2008 at 1:13 p.m. (Suggest removal)

kbraniff writes: "Let's address the Kookmandos;
have you ever noticed how old they are. Most are "Boomers," that group born after WWII. Self-centered, "I got mine you can't have yours," curtain-watching..., well you get the picture."

I find it funny that you and some others want to characterize people by generations. I see agism popping up on the blogs from those who don't seem to realize that they will age also. Now I am at the very end of the "Boomers" Boomers were born within an 18 year time span from 1946 in the beginning to 1964 at the end of this generation. Many people born between those years were not selfish at all. They were on the forefront of the environmental movement, advocates for peace and did and do a tremendous amount of volunteer work to help others.

Smearing a generation shows limitations in rational thought.

Rules in many associations can be changed but many of not most of the documents require more than a simple majority of owners. Many documents require 60% to vote for the change. If you have an active association which gets good participation, you may be able to change the rules. Better approach is to shake up the Florida State Legislature which made it possible for these associations to exist and DCA as well. State and Federal laws can supersede the rules or at least some of them.

The best solution is to refuse to live in these tyrannical Associations UNLESS you can live with all the rules If not, find a home outside in the real world.

I love my home in the real world.

#32 Posted by BlueTonguedVole on May 6, 2008 at 8:54 p.m. (Suggest removal)

PS...kbraniff, you suggest that the people who serve on the boards make the rules. They can make some procedural rules such as how long owners can speak at a meeting, or where you can fly your flag, but it is the DEVELOPER"S attorney who makes the PUD documents for the best interest of the DEVELOPER. See my posts #10 and #11.

#33 Posted by BlueTonguedVole on May 6, 2008 at 9 p.m. (Suggest removal)

pippin, the reason the communities are configured as they are goes to the Department of Community Affairs: http://www.dca.state.fl.us/

Counties are required to transmit approved (by them) new developments to this department to see if the growth fits within certain planned criteria.
PUDs (planned unit developments ) have taken over from simple subdivisions. Amenities are emphasized to attract buyers and the site development is such that the developer bears the cost of the infrastructure instead of the county or other municipality. (of course the consumer pays for this too.) Sometimes the PUD turns over the roads to the county but then they cannot have a gated community.
The laws of the State of Florida shape what can and cannot be built. Counties have some discretion but growth must fit within state laws.

Books on the subject have been written as well as oodles of guidelines.

The counties like these organizations because the Association assumes much if not all of the financial liability and responsibility for lighting, road maintenance etc. The fees are a type of "tax" all must pay to provide for the common grounds. The board is legally obliged to collect the fees and maintain the amenities, keep insurance, etc. The problem with this entire scheme is that fees will never go down. Changing the structure of an association without good legal advice could endanger the value of the units or homes and could even result in expensive lawsuits from those who bought into such an association because of some of the limitations.

Really the best advice if you cannot tolerate the intensity of what can happen in such a place is to avoid living in one. See the comment I made in #10. I know from experience what is like to serve on a board (reluctantly) and deal with a real mess left to owners by a developer. I am proud to say we saved the residents from tax liens on the common grounds and other horror stories. I know few understood what was done to benefit the community but what our board did was significant. After moving here, I did not want to be in a gated community again. I did not want to live with a restrictive set of rules written by a developer, but I was unsure of the Estates. The more documents and budgets I read, the more concerned I got. On the advice of our attorney we bought in the Estates.

He said he would only recommend a very few PUDs, or living in the City itself. As much as my family liked the City of Naples, we wanted to be far away from an evacuation area.

#34 Posted by BlueTonguedVole on May 6, 2008 at 9:28 p.m. (Suggest removal)



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