Residential Real EstateCondo Trends: New Law Seeks to Return Control to Owners
A challenging fact about condominium owners associations is that the COA creates another layer of rules and regulations on unit owners on top of the city, county and state laws that already govern community developments.
Florida legislators passed legislation recently that gives condo owners a type of bill of rights and requires accountability for condo board members. The legislation received notoriety in part because of a deadly stand-off between one condo owner and his board members over "more than $3,000 in back assessments and dues on his condo," according to the Miami Herald. The condo owner held board members hostage, who he called "scum."
While this is an extreme case, Rep. Julio Robaina, a Miami Republican and a key supporter of the new 96-page law said, "With no one really looking over these boards, the temptation has driven many people to fraud the associations."
The new condo over site law implements several requirements:
Any condo association director charged with felony theft or embezzlement must be removed from office until the charges are cleared.
Condo associations must now give 30-day notice before filing a lien against a unit owner.
Unit owners may now be able to place an item on a board meeting agenda through a petition of 20 percent of owners. And, meeting minutes and any other official records must be made available within 45 miles of the condominium property.