Are condo boards trouble?
Police have arrested two people on a condo board, including a former president. This doesn't surprise me. Everyone I know who has ever lived in a condo can recount some horror story of board mismanagement and outright cronyism.
For instance, I know of a situation in the Dadeland area where the board president is romantically involved with the condo manager. They live together. When residents complain about something, they are told to speak to the president -- or vice versa. Nothing gets done. One friend checked with Tallahassee and was told there were no rules against this kind of conflict of interest.
For instance, I know of a situation in the Dadeland area where the board president is romantically involved with the condo manager. They live together. When residents complain about something, they are told to speak to the president -- or vice versa. Nothing gets done. One friend checked with Tallahassee and was told there were no rules against this kind of conflict of interest.
posted by Ana Veciana-Suarez at 8:34 AM
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we need stronger, better laws to protect condo owners.
hallendale sounds like my experience in vero beach. money missing, the board refusing to hand over financial statements, bid and contracts for work, etc to owners. the state is involved, but the wheels are turning slowly while we bleed money.
other condo owners accuse us of being "mean to the board" and justify the statement with, "the people on the board have been friends for years."
a new election which would have placed 3 new elected candidates running on the issue of "transparency," was undermined by the old president. 2 of the 3 new candidates where disqualified and the board simply named new members. now most of our board consists of members appointed, not elected.
oh bty, we are still repairing the damage done after the hurricanes of '04. not little jobs either, the most significant being railings on second and third floor walkways! our board did not want to hire a licensed contractor or pull a permit to have the work done until several owners contacted the building inspector who threatened to condemn the building.
It's not just condo owners who need protection by the legislature from runaway boards but also home owners who live in so called "gated or semi-gated communities" and are forced to belong to a homeowners' association. Such association boards can be as unresponsive as condo boards, particularly when it comes to spending money and embroiling the association in expensive litigation. The current laws seem ineffective to prevent such abuses of power.
Another problem is secrecy. Such boards often operate below the radar of most residents.There are no Sunshine Laws that apply to homeowner association and condo boards. There should be. There is no requirement for thorough and complete (rather than abbreviated) minutes of board meetings. There should be. All documents of the association should be freely available without cost to the members of such associations. Meetings that would violate the current Sunshine laws should also violate the laws pertaining to homeowner and condo associations.
Finally, any new laws should strongly emphasize the protection of rights for the political minority (those out of power) within the homeowners' and condo associations. Boards often not only ignore such political minorities but treat them with disrespect, marginalize them, and squeeze them out from participation in association affairs.
Currently, when association and condo boards abuse their power and treat residents badly,often the only remedy such folks now have is to move.
If anyone really wants to know how widespread the problem is, please visit this link; http://www.ccfj.net/
There is really very little protection for the condo or HOA owner than to always be informed about their association and vote for periodically renewed Boards.
This state legislature well knows how serious the problems are in both condominium and homeowner associations. Yet they do nothing - every year, bills protecting homeowners are defeated. Why is that? Is it because the House Speaker Marco Rubio (R-Miami), "has joined Becker & Poliakoff's Government Relations & Lobbying Group" -- which actively lobbies AGAINST any kind of legsilation for protecting homeowners?
How about the fact that the Chief of Economic Crime in Palm Beach county was quoted by the press saying "Association statutes lack criminal statutes"? Is there any reason the CRIMINAL statutes do not apply to those who live in associations? By the time the "Economic Crime Unit" picks up a finger to investigage, the culprits will have died of old age.
Yes, Homeowners Associations DO need regulation - desperately. But read the nonsense that this legislature writes in the statutes -- it is in the "best interest" of homeowners to not be regulated? Hmm....it is in the best interest of those homeowners, property managers and laweyrs who steal, perhaps.
I have no doubt that this condo case has barely touched the surface of the problems that exist with associations. No regulation (or with condos, very little), boards that have no business background handling OPM (other people's money) -- a lot of money. Especially for those industries who "Service" associations.
I am shocked that the culprits in Hallendale were not graced with police protection as they left the state, as they were a little farther north. Hallendale citizens have reason to be proud of their police. A pity that can't be said in some of the other cities in South Florida.
What will it take for police and states attorneys to take these crimes seriously? I fear the legislature, and certainly the state house, with Mr. Rubio at the helm, has zero interest in protecting homeowners. We need to elect leaders who will look beyond their own financial gain and instead open their eyes to the abuse, corruption and incompetence that exist in associations.
Associations are rapidly becoming the biggest scandal facing this state, if not this country.
How to solve your association problems and reduce or eliminate legal fees and management fees. Contact us for our association corporate administration package and information at:
www.thehoaandcondoexperts.com
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