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August 29, 2005
The Root of the Problem
The state of Florida enacted legislation this past year, creating an "ombudsman" for condominium associations. Ombudsman Virgil Rizzo is now available to assist in resolving disputes between unit owners and their boards. The Ombudsman acts as a liaison between all affected parties, including the Division, unit owners, boards of directors, board members and community association managers.
Some of the Ombudsman’s duties include:
- Helping the private sector to understand their rights and responsibilities under the law and condominium documents;
- Monitoring and reviewing procedures and disputes concerning condominium elections and meetings;
- Encouraging and facilitating voluntary meetings with and between unit owners, boards, board members, community association managers and other affected parties;
- Acting as a neutral resource regarding the rights and responsibilities of unit owners, associations and board members;
- Assisting in resolving disputes within a community association before a person submits a formal dispute; and
- Reporting to the Governor, DBPR and the legislature regarding any suggested changes to Florida’s condominium laws.
Dr. Rizzo recently gave his first report, stating that he had received over 4,000 complaints in the first 3 months. Over half of the complaints had to do with board mismanagement. "The major problem continues to be the incapability and inability of boards' members to properly manage the operation of the association," said Dr. Virgil Rizzo. "Many directors lack the knowledge to effectively and successfully operate a corporation of residential units."
That last sentence has, is and will continue to be the root of most community association problems. It has been estimated that 50% of the associations don't have professional management to advise them; 99% of them hate calling their attorney for advice simply because they don't want to spend the money; and, very few directors have the time, or the inclination to take classes, even if they are available locally.
State legislators aren't helping by rushing to pass laws that make it even more complicated and harder to govern associations, not easier. I'm waiting for the first state to require directors to take a class or classes before they can be on a board. A lot of boards will have a hard time finding people to fill their ranks.
We need to find a way to simplify the job, not make it harder, and that starts with the documents. Every time the documents state that the board is responsible for something, it should reference an appendix telling them HOW to go about it, with examples of the right and wrong ways to apply it. In other words, give them something to work with. It won't solve all of the problems, but it might reduce some of the more basic ones. It's a place to start.
Posted by joewest at August 29, 2005 10:06 PM