top of page

HAVE THE PRAYERS OF HOA OWNERS BEEN ANSWERED?

Writer's picture: Eric M. GlazerEric M. Glazer

The first bills of the Florida legislative session have been filed.  One, HB 137 (Representative Edmonds) and its companion bill SB 120, (Senator Burgess) may put HOAs on somewhat of an even playing field with condominiums, at least when it comes to having an Ombudsman.

           

Here is what the bill provides:


720.319 Homeowners’ association ombudsman.— (1) ADMINISTRATION; APPOINTMENT; LOCATION.— (a) There is created an Office of the Homeowners’ Association Ombudsman, to be located for administrative purposes within the Division of Florida Condominiums, Timeshares, and Mobile Homes. The functions of the office shall be funded by the Division of Florida Condominiums, Timeshares, and Mobile Homes Trust Fund. The ombudsman shall be a bureau chief of the office, and the office shall be set within the division in the same manner as any other bureau is staffed and funded.

(b) The Governor shall appoint the ombudsman. The ombudsman must be an attorney admitted to practice before the Florida Supreme Court and shall serve at the pleasure of the Governor. The ombudsman, an officer, or a full-time employee of the ombudsman’s office may not actively engage in any other business or profession that directly or indirectly relates to or conflicts with his or her work in the ombudsman’s office; serve as the representative of any political party, executive committee, or other governing body of a political party; serve as an executive, officer, or employee of a political party; receive remuneration for activities on behalf of any candidate for public office; or engage in soliciting votes or other activities on behalf of a candidate for public office. The ombudsman, an officer, or a full-time employee of the ombudsman’s office may not become a candidate for election to public office unless he or she first resigns from his or her office or employment.

(c) The ombudsman shall maintain his or her principal office at a place convenient to the offices of the division


POWERS AND DUTIES.—The ombudsman has the powers necessary to carry out the duties of his or her office, including, but not limited to, the authority to do any of the following:

(a) Access and use all files and records of the division.

(b) Employ professional and clerical staff as necessary for the efficient operation of the office.

(c) Prepare and issue reports and recommendations to the Governor, the department, the division, the President of the Senate, and the Speaker of the House of Representatives on any matter or subject within the jurisdiction of the division. The ombudsman shall make recommendations he or she deems appropriate for legislation relative to division procedures, rules, jurisdiction, personnel, and functions. (d) Act as liaison between the division, parcel owners, boards of directors, board members, community association managers, and other affected parties. The ombudsman shall develop policies and procedures to assist parcel owners, boards of directors, board members, community association managers, and other affected parties to understand their rights and responsibilities as set forth in this chapter and the governing documents of their respective associations. The ombudsman shall coordinate and assist in the preparation and adoption of educational and reference materials and shall endeavor to coordinate with private or volunteer providers of these services, so that the availability of any such resource is made known to the largest possible audience.

(e) Monitor and review procedures and disputes concerning elections or meetings, including, but not limited to, recommending that the division pursue enforcement action in any manner if there is reasonable cause to believe that election misconduct has occurred and reviewing secret ballots cast at a vote of the association.

(f) Make recommendations to the division for changes in rules and procedures for the filing, investigation, and resolution of complaints filed by parcel owners, associations, or managers.

g) Provide resources to assist members of boards of directors and officers of associations to carry out their powers and duties consistent with this chapter, division rules, and the governing documents of their associations.

(h) Encourage and facilitate voluntary meetings between parcel owners, boards of directors, board members, community association managers, and other affected parties when the meetings may assist in resolving a dispute that involves a homeowners’ association before a person submits a dispute for a  formal or administrative remedy. It is the intent of the Legislature that the ombudsman act as a neutral resource for both the rights and responsibilities of parcel owners, associations, and board members. 

(i) Assist with the resolution of disputes between parcel owners and the association or between parcel owners when the dispute is not within the jurisdiction of the division to resolve.

(j) Appoint an election monitor.


(3) ELECTION MONITORING.— (a) Fifteen percent of the total voting interests in a homeowners’ association, or six parcel owners, whichever is greater, may petition the ombudsman to appoint an election monitor to attend the annual meeting of the parcel owners and conduct the election of directors. (b) The ombudsman shall appoint a division employee, a person who specializes in homeowners’ association election monitoring, or an attorney licensed to practice in this state as the election monitor. (c) All costs associated with the election monitoring process must be paid by the association. (d) The division may adopt a rule establishing procedures for the appointment of election monitors and the scope and extent of the monitor’s role in the election process. If the division does not adopt a rule, then, to the extent applicable, rule 61B-23.00215, Florida Administrative Code, must govern the administration of election monitoring.


This act shall take effect July 1, 2025.


SO HOA OWNERS……..WHAT DO YOU THINK?


Do you feel like someone out there actually cares for the well-being of HOA owners?



_____________



In a recent episode of Condo Craze and HOAs, Eric, and Karen dove into some of the details of these proposed changes, including the creation of an HOA Ombudsman, election monitoring, and dispute resolution. Watch below!



Recent Posts

See All

AND WHAT ABOUT HOAs?

When our blog was published last week about the new powers of the DBPR, some owners in HOAs really were appalled.  They still can’t...

4 Comments


samahart
4 days ago

Much needed! Having used the Condominium Ombudsman, this is an excellent way to receive legitimate guidance. It cannot come soon enough, especially since the DBPR's answer to nearly EVERY inquiry is simply a copy/past from their website, or worse, they simply state their policy prohibits them from rendering legal advice, giving opinions, or interpreting statutes. Hopefully the HOA Ombudsman puts some of the DBPR jokers out of a job!

Like

Condominiums need to have a state financial audit. The monies being stolen is outrageous and criminal. The state needs to impose a automatic financial audit through the state. This will eliminate the criminals playing with other people’s money for their own wealth and wellbeing.

Like

dmacrlt
Feb 04

ABOUT TIME!! For Condo Associations, it has been a mob like financial raping of our communities. I believe all board meetings ought to be recorded on zoom and the minutes attached and monitored randomly for malfeasance for Boards not performing fiduciary duties, wasting funds, misappropriating funds, harassing, selectively enforcing rules ESPECIALLY rules that don't actually exist.

Legislature should do even more. Just saying.

Like

The prayers of homeowners have not been heard. They would be heard if this horrific, useless , IMO unconstitutional institution called HOA were dismantled or at least if we had real laws protecting homeowners from abuse. We are now WORSE off than after the reforms to the 720 statute under Jeb Bush.

To the issue . While this is the first step in the right direction, it's fully insufficient.

My problem with it is:

  1. The ombudsman is supposed to be a neutral person. A sort of a mediator. His actual powers are limited.

  2. The ombudsman will be appointed by the governor. Hello big interest lobbyists.

  3. The election monitoring will only take place when a large number of homeowners petitions. That…


Like
bottom of page