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SFPMA Industry Articles | news, legal updates, events & education! 

Find Blog Articles for Florida’s Condo, HOA and the Management Industry. 

Shifting the Emotional Burden of Condo and HOA Delinquency by Axela Tech.

Shifting the Emotional Burden of Condo and HOA Delinquency by Axela Tech.

  • Posted: Jan 25, 2022
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Shifting the Emotional Burden of Condo and HOA Delinquency

by Bob Gourley / Axela Technologies

As an HOA delinquency collections professional, I frequently handle collection issues involving home and unit owners who have fallen behind in the timely payment of their association. So I know all too well the very real emotional cost paid by both debtor and collector. Timely payment and collection of common fees and assessments is as basic a business transaction as there is. However, because real human beings are involved, the transaction is often wrought with human emotion. Many times, those emotions range from tragic to hostile. Using a specialized debt collection agency for your condo or HOA delinquency problems isn’t just practical, it could be a lifesaver!

 

Pay Close Attention to the Person Behind the Debt Curtain

Unfortunately, regardless of how a condominium or HOA is managed—professionally or by the association itself—HOA delinquency cannot go unchallenged. If common fees and assessments aren’t collected in a timely fashion, the association suffers. Monies that were budgeted for association expenses aren’t available and, in some extreme cases, the good-paying owners in the community could be forced to cover the delinquencies through increased dues or assessments. This is an unfair situation that can cause serious distress in your community.

Shifting the Emotional Burden of Condo and HOA Delinquency

 

That said, consider this: when a homeowner hasn’t paid their association dues for multiple months, there are typically underlying circumstances and turmoil. Money is tight for whatever reason and the homeowner has decided that the association can wait for their money. Studies have shown that people experiencing financial hardships are far more prone to physical and emotional illness. Approaching someone who is experiencing financial hardship is challenging and should be handled by someone trained in doing so, as the conversation will likely be unpleasant.

Shifting the Emotional Burden of Condo and HOA Delinquency

 

Preparing for a Difficult Conversation

Should a delinquent homeowner decide to call the association or management firm to discuss their delinquency and address how they will repay the association, it will almost certainly be a lengthy call. It typically starts pleasant enough but quickly devolves into a discussion of non-association business items and explanations (or excuses) of why the fees cannot be paid at this time. The debtor will often play to the empathy of the person receiving the call, expecting that their story will convince the call recipient of their goodness and their intent to pay eventually when things get better for them. But the association is a business, and no amount of empathy can erase the fact that the money they owe is very much needed to keep the community healthy and successful. Homeowners often fail to remember that they don’t just live in a house that they call home, they live in a collection of homes that rely on one another to thrive, and any dollars lost can cause real struggle.

Shifting the Emotional Burden of Condo & HOA Delinquency

Once they are reminded of that, the call tends to escalate into anger because the debtor isn’t getting the leniency they hoped for or want. If you have ever received a call like this, you know exactly what I am talking about. These calls often end with little to no positive outcome.

In fact, there is usually a negative outcome. The debtor is upset because the call didn’t go their way. They still owe the money and they are now convinced that the association doesn’t care about them. The call recipient is typically upset because they have spent a great deal of time hearing the sad tale of woe and then being subjected to the debtor’s anger when things didn’t go their way. I have heard tales of people listening to the debtor for 25 to 30 minutes and then needing just as long to recover from the sad and hurtful phone call before being able to get back on task. This is a great emotional expense, but it can also be a great financial expense for time lost to an unproductive activity.

 

Hand Off the Emotional Burden

Using a specialized and fully licensed condo and HOA delinquency collection service such as Axela Technologies makes perfect sense in this situation. The association or management firm simply places the delinquent home or condo owner into our collections system as needed. At no cost or risk to the association, Axela Technologies’ highly-trained debt collection professionals take that burden off the association or association management firm. Since working with delinquent owners is all we do, you can bet we are equipped to handle the emotional cost of delinquency to the owner as well as the association. Since our service is merit-based, there is no extra financial burden on the good-paying owners. We take a negative and turn it into a positive.

Get in touch with Axela Technologies and avoid the emotional cost of delinquency for your association and your association members. Axela Technologies handles all collections on a merit-based system. Visit our website at https://www.axela-tech.com today to get in touch with one of our collections experts.

 

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SRI Consultants, Inc – ENGINEERING AND ARCHITECTURAL SERVICES

SRI Consultants, Inc – ENGINEERING AND ARCHITECTURAL SERVICES

  • Posted: Jan 25, 2022
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ENGINEERING AND ARCHITECTURAL SERVICES

Here at SRI Consultants, Inc., we take pride in what we do. The extra effort and attention to detail put forth by our team ensure you receive the highest quality services available to the industry, all while saving you time and money. Coastal areas like South Florida have a unique need for concrete rehabilitation and protection services predominantly related to assessing structural damage. Our team has specialists in structural engineering, civil engineering, environmental engineering and corrosion engineering at your disposal.

 

We offer engineering services for projects related to single family homes, multi-story structures, condominiums, hotels and motels, cooling towers, and seawalls. All project drawings are prepared using the latest AutoCad software. SRI can also deliver projects in Revit Architectural and Revit Structural.

 

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Structural Design & Analysis
Structural analysis using state-of-the-art computer analysis programs for various building code requirements – FBC, IBC, ASCE, AISC. Structure types include reinforced concrete, metal and heavy timber structures. Cooling tower supports and retrofits. Window and door replacements for high-rise buildings and store fronts.
Corrosion Engineering
Corrosion condition assessment of concrete structures using corrosion potential mapping and corrosion rate measurements. Design of corrosion mitigation systems such as Cathodic Protection and/or Prevention. Building piping corrosion remediation for cooling water systems and domestic water lines.
Civil Engineering
Site planning, drainage design, and grading
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Environmental Engineering
Phase I and II assessments (ASTM Standard), contamination assessments, corrective action plans (CAP), contamination assessment reports (CAR), remedial action plans (RAP), and fuel tank closure assessments
Conversion of Paper Design Documents to CAD
Conversion of paper-based design documents to data-rich 3D models, improving document preservation, organization, and storage. Revit modes incorporate all disciplines in one file and allow users to view structures from many different perspectives and cross sections.
Expert Witness Services
Client support for reviewing technical documents, commenting, preparing opinion letters, and providing testimonials.
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SFPMA Members Find us on the members Directory

 

https://wp.me/p6Iu1B-bFr

 

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FANNIE AND FREDDIE ARE ABOUT TO MAKE IT MUCH TOUGHER TO GET A LOAN TO BUY A CONDO.

FANNIE AND FREDDIE ARE ABOUT TO MAKE IT MUCH TOUGHER TO GET A LOAN TO BUY A CONDO.

  • Posted: Jan 25, 2022
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FANNIE AND FREDDIE ARE ABOUT TO MAKE IT MUCH TOUGHER TO GET A LOAN TO BUY A CONDO.

By Eric Glazer, Esq

 

IT MAY BECOME IMPOSSIBLE TO GET A NEW MORTGAGE IN MANY CONDOS

As if condos didn’t have enough problems, Fannie Mae and Freddie Mac have just come out with new guidelines that condos must follow.  Fannie Mae and Freddie Mac are government-sponsored agencies that purchase large quantities of home loans to keep money circulating throughout the home mortgage economy.   They won’t purchase these loans any longer unless:

Delinquent assessments for Established Condominium Projects

No more than 15% of the total number of units in a project are 60 or more days delinquent in the payment of their HOA assessments.

The Condo Must Have a Reserve Study

The reserve study must comply with the following requirements:

  1. The reserve study generally must include:
  • An inventory of major components of the project
  • Financial analysis and evaluation of current reserve fund adequacy, and
  • Proposed annual reserve funding plan
  1. A reserve study’s financial analysis must validate that the project has appropriately allocated the recommended reserve funds to provide the Condominium Project with sufficient financial protection comparable to Freddie Mac’s standard budget requirements for replacement reserves
  2. The reserve study’s annual reserve funding plan, which details total costs identified for replacement components, must meet or exceed the study’s recommendation and conclusion
  3. The most current reserve study (or update) must be dated within 36 months of the Seller’s determination that a Condominium Project is eligible
  4. The reserve study must be prepared by an independent expert skilled in performing such studies (such as a reserve study professional, a construction engineer, a certified public accountant who specializes in reserve studies or any professional with demonstrated experience and knowledge in completing reserve studies)
  5. The reserve study must meet or exceed requirements set forth in any applicable state statutes
  6. The reserve study must comment favorably on the project’s age, estimated remaining life, structural integrity and the replacement of major components

If the Seller relies on a reserve study that meets the requirements of this section, the project’s budget must contain appropriate allocations to support the costs identified in the study.

 

 

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Avoid These Mistakes After a Car Accident These tips should be avoided after an accident to maximize recovery potential: by Maus Law Firm

Avoid These Mistakes After a Car Accident These tips should be avoided after an accident to maximize recovery potential: by Maus Law Firm

  • Posted: Jan 23, 2022
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Avoid These Mistakes After a Car Accident These tips should be avoided after an accident to maximize recovery potential

 

#1) Don’t Leave the Scene of the Accident.
Unless you’re injured in an auto accident and have to be removed by medical personnel, do not leave the scene! Leaving early could allow others involved in the crash to assert facts about your actions that are false.
If you leave the scene of an accident, you could be charged with a felony.
#2) Say Nothing That Sounds Like You’re Accepting Blame
“I’m sorry” comes automatically. While you may mean that you are sorry that the incident occurred, others may interpret “I am sorry” as meaning that you caused the accident. Avoid those words at all costs.
Do not say anything after the accident so your words cannot be taken out of context.
#3 ..Don’t Wait Too Long Before Contacting Your Insurance Company
You must report the accident to your insurance company within the specified time period. Make sure you do so. Just report the occurrence do not offer any opinion
#4). Don’t make official statements, sign releases, or answer questions until you’ve spoken with your accident attorney.
#5) Make No Guesses About What Happened
We naturally try to determine what caused an accident or injuries.
However, do not mention your speculations to the police, insurance companies, witnesses, or anyone else involved in the accident.
If you are wrong, you may be accused of lying. You may lose credibility.
Consult an attorney before you settle
Insurance companies want to pay as little as possible, so they won’t offer a fair valuation until you demonstrate that you understand the value of your case.
A lawyer could compare your losses with similar verdicts and settlements to determine your full compensation.

 

The Maus Law Firm

call 954-784-6310 to schedule a consultation.

 

 

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Condo and HOA Expo: February 1st in Palm Beach, February 4th in Miami Beach and February 15th in Broward. See you there!

Condo and HOA Expo: February 1st in Palm Beach, February 4th in Miami Beach and February 15th in Broward. See you there!

  • Posted: Jan 22, 2022
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Condo and HOA Expo’s: February 1st in Palm Beach, February 4th in Miami Beach and February 15th in Broward. See you there!

 

Learn From The Industry Leaders

Get the tools and information you need to manage your condo or HOA more efficiently. Regional and national experts will offer insights into the latest industry trends and best practices in legal oversight, financing, maintenance, renovations, energy efficiency, administration, communication and more. Bring your questions to these lively, informative sessions and come away with a clear blueprint for improved management for the future.

 

Palm Beach County Convention Center
Tuesday, February 1, 2022

For one day only, the Palm Beach Convention Center will be packed with the latest products and services as well as an array of industry experts. It’s an unparalleled opportunity to make valuable connections and speak directly with local and national experts about the topics that are relevant to you and your property.

Get legal insights, financial advice, communication tips, proactive management solutions and much more from some of the region’s top professionals. This one-day event will also give you a sneak peek at the latest design trends gracing today’s most prestigious developments, plus innovations in building and remodeling and the newest energy efficiency options.

Register to Attend

 

 


Miami Beach Condo & HOA Expo
Join Us on February 4th!

For one day only, the Miami Beach Convnetion Center will be packed with the latest products and services as well as an array of industry experts. It’s an unparalleled opportunity to make valuable connections and speak directly with local and national experts about the topics that are relevant to you and your property.

Get legal insights, financial advice, communication tips, proactive management solutions and much more for some of the region’s top professionals. Attend FREE educational seminars and CEU courses covering all of today’s essential property management topics. This one-day event will also give you a sneak peek at the latest design trends gracing today’s most prestigious developments, plus innovations in building and remodeling and the newest energy efficiency options.

Register to Attend

 

 


The Broward County Condo & HOA Expo
Join Us Tuesday, February 15, 2022!

For one day only, The Signature Grand will be packed with the latest products and services as well as an array of industry experts. It’s an unparalleled opportunity to make valuable connections and speak directly with local and national experts about the topics that are relevant to you and your property.

Get legal insights, financial advice, communication tips, proactive management solutions and much more from some of the region’s top professionals. This one-day event will also give you a sneak peek at the latest design trends gracing today’s most prestigious developments, plus innovations in building and remodeling and the newest energy efficiency options.

Register to Attend

 


Condo, HOA and Property Management Expo
Tampa Convention Center

Thursday, February 10th, 2022

Seminars: 9:00 am – 4:30 pm  Exhibits: 10:30 am – 3:00 pm 

Sign up for the networking and educational event of the year! Get face-time with industry experts, browse the latest products and services and learn how to save thousands on the management and maintenance of your condo or HOA.

It’s the ONLY event to bring everything you need under one convenient roof for a single, information-packed day.

Registration is FREE for community association managers, board members, board presidents, active HOA members and industry professionals. Don’t delay… register for this one-of-a-kind event today!


Naples Condo & HOA Expo & Seminars
March 25, 2022

New Hope Event Center
7675 Davis Blvd. Naples, FL 34104

Seminars 9:00 am – 4:30 pm   Exhibits 10:30 am – 3:00 pm

Sign up for the networking and educational event of the year! Get face-time with the industry experts, browse the latest products and services and learn how to save thousands of the management and maintenance of your condo or HOA.

Registration is FREE for association managers, board members. Don’t delay!


Orlando Condo HOA Property Management Expo & Seminars
Orange County Convention Center-West Bldg
Tuesday, April 12, 2022

Seminars 9:00 am – 4:30 pm  Exhibits 10:30 am-3:00 pm

Sign up for the networking and educational event of the year!
Get face-time with the industry experts, browse the latest
products and services and learn how to save thousands on the
management and maintenance of your condo or HOA.

Registration is FREE for association managers, and board members. Don’t delay!


 

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Repair Erosion for a Healthier Waterbody by SOLitude

Repair Erosion for a Healthier Waterbody by SOLitude

  • Posted: Jan 21, 2022
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Repair Erosion for a Healthier Waterbody

Shoreline erosion can be detrimental to the health of your waterbody as well as the safety and value of your property.

The Many Effects of Erosion on Florida Lakes

Most communities throughout Florida utilize lakes and ponds to enhance the aesthetics of homes and golf courses, as well as support recreational opportunities such as boating and fishing for residents. The majority of these waterbodies were man-made for practical and functional purposes, such as capturing stormwater to prevent flooding or storing water to use for irrigation. Unfortunately, natural erosion of the shoreline is inevitable. It is an issue that only gets worse over time and should be addressed immediately, followed by consistent monitoring.

Effects of Shoreline Erosion in Lakes

Shoreline erosion is a serious issue for waterbodies of all sizes and uses. It can degrade shoreline property, increase the risk of flooding, interfere with recreational opportunities, and threaten aesthetic appeal. In many cases, the deep cracks and gullies that appear can expose sprinkler systems, drainage pipes, and electrical cables, leading to costly repairs. Likewise, due to the effects of erosion, lakefront homeowners may find that their property decreases in size and value over time.

When slopes become too steep, the shoreline can also become unsafe for residents, children, pets, and recreationers. Steep slopes increase the risk of someone falling into the lake and being injured. The steepness of the slope can also make it hard for someone to get out of the lake when they fall in. This can pose a significant liability for HOAsgolf coursescommercial properties, and private homeowners.

What Causes Lake Shorelines to Erode

Erosion has many natural causes:

  • Changing water levels due to seasonal rains and other weather events
  • Strong winds that cause waves to pound into banks and reduce stability over time
  • Improper drainage systems that allow stormwater runoff to cause damage, especially when the shoreline is exposed due to low lake elevation

The presence of nuisance fish and wildlife such as invasive armored catfish and otters that burrow into banks and cause them to collapse

Erosion Caused by Humans

Although these causes are natural, human activities can also increase the rate of erosion:

  • Clear-cutting of beneficial buffers composed of native vegetation removes the natural erosion protection provided by complex root systems that hold soil in place
  • Gardening and lawn care can cause excess fertilizer and pesticides to enter a waterbody, disrupting its natural health and balance
  • When too much land is covered by pavement or asphalt, these hard surfaces can accelerate the stormwater that enters a lake or pond, rather than allowing natural absorption into the soil

 

How Lake Shoreline Erosion Can Be Prevented

Despite the best efforts of HOAs, golf course superintendents, and municipalities, all waterbodies will experience erosion to some degree. However, there are many strategies to control or mitigate erosion.

 

Native Plants

Planting deep-rooted grasses and flowering vegetation will help retain, hold and stabilize the soil. This ground cover also helps to deter nuisance and invasive species from entering the aquatic ecosystem. It is imperative to use native plants rather than exotic species that are known to damage the habitat that nurtures beneficial fish, birds, and other wildlife.

Bioengineered Shoreline Control

Bioengineered erosion control technology is an excellent tool to restore shorelines and mitigate future erosion. Knitted ShoreSOX® and DredgeSOX® repurpose eroded muck by anchoring it to the shoreline for lasting stability. SOX solutions integrate naturally into the landscape and can be planted directly with vegetation for further erosion protection.

Riprap and Root Trap

With riprap, rocks are placed over a filter blanket to keep the soil in place. Similar to riprap, root trap is achieved by covering the rocks with topsoil and installing native, deep-rooted plants that contain the sediment in place as they grow.

Bulkheads and Retaining Walls

Bulkheads and retaining walls can be effective at controlling the effects of erosion; however, if not installed correctly, they run the risk of falling into the water or eroding from underneath and becoming unsafe.

Erosion Control Blankets

Coir logs or fiber roll material can be installed to slow down the movement of the water or create a “pooling” effect that allows sediment to filter out. They can be made of natural or synthetic fibers or a blend of straw, coconut fiber, or polypropylene (plastic).

Contact Us to Protect Your Shoreline Against Erosion

Call us at 866-781-8904 or complete the form below to get connected with an aquatic management expert.

 

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“Are Fines for Speeding Legal?,” Naples Daily News by Becker

“Are Fines for Speeding Legal?,” Naples Daily News by Becker

  • Posted: Jan 20, 2022
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“Are Fines for Speeding Legal?,” Naples Daily News

David G. Muller | 01.18.2022
ArticlePublication Naples Daily News

Q: My community has set up various speed monitoring devices along the most travelled road. The board is now fining residents for speeding violations. Is this legal? What is the process for imposing a fine and can these fines result in a lien? D.V.

A: Fines can be levied for violations of the governing documents, including speeding violations. Whether a fine can be recovered by the recording and pursuit of a lien depends on several factors, including the amount of the fine and what type of community association you live in.

Condominium and cooperative fines are capped at one hundred dollars per day and one thousand in the aggregate for continuing or ongoing violations. Homeowners’ association fines are likewise capped at one hundred dollars per violation and one thousand dollars in the aggregate, with one important difference. The declaration, articles, or bylaws for a homeowners’ association can authorize higher fines (this option is not available to condominiums and cooperatives).

Fining is retroactive and can begin accruing from the first day/time a violation is alleged to have occurred. There is no legal requirement to give a warning letter or opportunity to correct a violation before a fine is levied, although many associations do so as a matter of policy, especially for minor or first-time violations.

The board typically initiates the fining process by placing the matter on the agenda for a regular or specially scheduled board meeting to consider levying a fine. A majority vote of the board at a meeting where a quorum is present would be required to levy the fine, which should be levied as a specific amount.

After levy by the board, a hearing must be offered. The hearing is conducted by an independent committee appointed by the board. The committee, sometimes called “fining committee” or “compliance committee,” must be comprised of at least three (3) members of the association who are not officers, directors, or employees of the association, or the spouse, parent, child, brother, or sister of an officer, director, or employee.

At the fining hearing, the committee must afford basic due process and allow the accused to be heard, state his or her case, and challenge evidence against him or her. Ongoing or continuing violations only require a single notice and opportunity for hearing before the committee.

The committee’s sole decision is to either “confirm” or “reject” the fine levied by the board. If the committee rejects the fine, the matter is concluded. If the committee confirms the fine, the fine is deemed to be imposed. The association must provide written notice of the fine by mail or hand delivery to the owner and, if applicable, to any tenant or invitee of the owner. The fine becomes due 5 days after written notice is given.

Unpaid fines cannot by law be secured by a lien for condominium or cooperatives. In homeowners’ associations, the statute provides that a fine of one thousand dollars or more may be subject to a lien. Some argue that the governing documents need to also include the authority to impose the lien for unpaid fines, some argue the contrary, there are no appellate court decisions on the topic. You might also be interested in knowing that there are already two Bills filed for the 2022 Florida Legislative Session that address HOA fines. One Bill (SB 1362) would state that homeowners’ association fines cannot be secured by a lien. The other (HB 6103) would remove the statutory authority of homeowners’ associations to fine altogether. It will be interesting to see what happens to these Bills during the upcoming 2022 Legislative Session.

Collection of fines typically requires a suit in small claims court, and the loser of the case would normally be responsible for the winner’s attorneys’ fees.

The provisions of your individual association’s governing documents and the application of current laws is also an important issue, which should be addressed with the association’s attorney. Likewise, if the matter is contested in court, the judge will likely require proof from the association that its speed monitoring devices are reliable and properly calibrated and maintained.

To read the original Naples Daily News article, please click here.

David Muller is board-certified in Condominium and Planned Development Law and regularly provides practical advice that ensures the fiscal success and legal compliance of both commercial and residential community associations. He has significant experience in drafting governing documents and amendments, negotiating contracts, dispute resolution, and more. For David’s complete bio, please click here.

 

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Triploid Grass Carp- Can They Help Control Weeds on my Lake? By: Allstate Resource Management

Triploid Grass Carp- Can They Help Control Weeds on my Lake? By: Allstate Resource Management

  • Posted: Jan 18, 2022
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Triploid Grass Carp- Can They Help Control Weeds on my Lake?

By: Allstate Resource Management

The grass carp has been introduced throughout the world for aquatic weed control. The grass carp was considered for introduction into the U.S. primarily because of its plant-eating diet, which was thought to have great potential for the control of aquatic weeds.

Wide-scale use of the grass carp in Florida and many other states from 1970 to 1984 was limited and closely regulated due to fears about its reproduction and negative impact on sport fish. Since the grass carp’s potential for causing such problems was evident, early research focused on developing a fish that would be non-reproductive but would retain the grass carp’s herbivorous diet.

Research with the grass carp resulted in the production of a sterile triploid grass carp, which has an extra set of chromosomes. The triploid grass carp is produced in the same way as the diploid, except that fertilized eggs are subjected to heat, cold, or pressure shock result in the formation of fish with an extra set of chromosomes for a total of 72. The extra chromosomes make these fish sterile.

The grass carp is primarily a “grazer”; it tends to feed on the surface and in shallow water. The ability of grass carp to consume and utilize aquatic plants depends on the size of both plants and fish. Additional factors which influence the feeding behavior of grass carp include their size, age, gender, and population density, and the species, abundance, and location of plants within a body of water.

In Florida, a permit is required by law for the use or possession of grass carp. Only grass carp certified as triploid can be used in an aquatic weed management program. Allstate Resource Management recommends triploid grass crap in combination with a lake management program.

Speak with a lake management specialist on how we can develop a management program for your lake or pond!

 

 Contact Allstate Resource Management
 954-382-9766
 info@allstatemanagement.com 

 

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THERE MAY BE LOTS OF NEW SHERIFFS IN TOWN IF THIS BILL PASSES  By Eric Glazer, Esq.

THERE MAY BE LOTS OF NEW SHERIFFS IN TOWN IF THIS BILL PASSES By Eric Glazer, Esq.

  • Posted: Jan 17, 2022
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THERE MAY BE LOTS OF NEW SHERIFFS IN TOWN IF THIS BILL PASSES

By Eric Glazer, Esq.

Senator Anna Maria Rodriguez filed our mandatory condo education bill in Florida’s Senate.  But if you think she’s done trying to change additional condominium laws, you would be very wrong.  She also filed Senate Bill 274 which creates the Condominium Fraud Investigation Pilot Program.

According to the bill itself, the purpose of the program is to investigate condominium-related fraud and corruption in Broward, Miami-Dade, and Monroe Counties. The DBPR may contract with a private entity that employs retired law enforcement officers who have subject matter expertise in financial fraud to achieve the purpose of the program. The DBPR shall hire five law enforcement officers to carry out the purpose of the program. If the DBPR does not contract with a private entity, the DBPR must hire three financial investigators, five investigators with previous law enforcement experience, and three clerical employees to staff the program.

A person may submit a complaint to the Office of the Condominium Ombudsman. The ombudsman shall review all complaints submitted to the office and determine which complaints to forward to the DBPR for additional analysis and investigation under the program. If a complaint submitted to the office does not contain allegations of fraud or corruption, the ombudsman must forward the complaint to the Division of Florida Condominiums, Timeshares, and Mobile Homes.

 The DBPR has the power to subpoena, audit, and investigate for the purposes of the program. The DBPR may administer oaths, subpoena witnesses, and compel the production of books, papers, or other records relevant to investigations it conducts. If, after reviewing a complaint under the program, the DBPR finds sufficient evidence for criminal prosecution, it must refer the case to the appropriate state attorney for prosecution.

The program must be funded annually from the Division of Florida Condominiums, Timeshares, and Mobile Homes Trust Fund with funds specifically appropriated in the General  Appropriations Act.

This section is repealed October 2, 2027, unless reviewed and saved from repeal through reenactment by the Legislature.

 

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