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Division
of
Florida
Condominiums, Homeowners’
Associations,
Timeshares, and Mobile Homes
By
Jan Bergemann
Published
March 8, 2013
We
hear a lot of hoopla about the proposal to put mandatory
homeowners’ associations under the jurisdiction of the DBPR.
From outrageous cost for associations to the DBPR not doing its
job in the first place, we have heard it all. In my opinion $4
annually (maybe even less) for each home is actually a gift,
considering all the goodies you get for free – goodies you pay
for dearly if you have to contact the association attorney each
time.
Over
the years we have heard from many board members and homeowners
that the total lack of a regulatory agency for homeowners’
associations is a disgrace for
Florida
. Rightfully so! The ugly headlines filling the media about
homeowners’ abuse tell the whole story!
Believe
me: I can understand that dictatorial board members and certain
service providers are against a regulatory agency. Make no
mistake: It’s a lot easier to fleece associations and
homeowners if they are unprotected by a government agency and
homeowners have nowhere to go to see the rules and statutes
enforced.
You
wouldn’t believe how often homeowners, whose rights were
clearly violated, have been told: “What
do you want to do about it? You just don’t have the money to
file an expensive lawsuit to enforce your rights.”
Does that mean you have only rights if you have the money to
enforce them?
But
when I hear that so-called advocacy groups and association
boards are opposing a regulatory agency I can only shake my head
in disbelief! My only explanation for such an opinion: They are
either very short-sighted or plainly don’t understand what
services a regulatory agency provides for free, before it comes
to enforcement and/or mediation/arbitration.
At
this point, board members and owners living in a mandatory
homeowners’ association have to pay a private attorney (law
firm) to get answers to simple questions, or if the board needs
to get a written opinion about a disputed interpretation for
certain rules or statutes. Let’s see: Imagine you live in a
community with 250 homes. Your share to pay for this regulatory
agency would be $1,000 annually. Many associations spend more
money monthly just to get some simple legal information, not
even talking about expensive mediation or litigation.
Look
at all the services the Division provides for condos, not even
talking about enforcement or litigation.
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An
800-number to get simple questions answered.
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An
Ombudsman’s Office to get even more detailed answers to
your questions.
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An
Ombudsman’s Office that will supply an election monitor on
request.
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A
website with lots of info and forms – and a Q&A page
that gives you the official response to many of your
questions, not just the personal opinion of an attorney –
for free.
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Florida
Administrative Code with official interpretations of the
statutes.
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Declaratory
Statements!
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And
the list goes on!
The
Division of Condominiums etc. works since many years for condos.
Condo associations have saved millions of dollars over the years
by being able to use the services of this government agency,
paying $4 annually for each unit. And so far none of the
opponents was able to come up with a reasonable explanation why
it shouldn’t work for homeowners’ associations regulated by
FS 720.
We
hear a lot: The Division isn’t perfect – and I may even
agree. There is definitely room for improvement.
But
if you are hungry, even a simple slice of bread is a feast. And
if you have nowhere to go, even a not so perfect government
agency is definitely a great achievement!
If
it helps condos, why shouldn’t it help homeowners’
associations? Just because the buildings of these associations
look different?
In
my opinion most of the folks opposing a regulatory agency are
either afraid that their income will decline or that they
can’t continue violating the laws without being held liable.
Let’s
make one thing very clear: Without a regulatory agency we will
never see some sort of consumer protection in these mandatory
homeowners’ associations that have more power than most of our
government agencies – without having to work in the “SUNSHINE!”
Make
no mistake: While our government has to obey by “THE SUNSHINE
LAW” – our mandatory homeowners’ association
boards can more or less do whatever they want – until they are
being stopped by somebody who does have enough money to fight
them in court!
What
is
Florida
: Land of the Free -- or Land of the Homeowners who only have
rights if they have lots of money?
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