Pinellas condo owners could be forced to sell at a loss

Article and Video Courtesy of NBC Channel 8 Tampa By Shannon Behnken Published September 2, 2013 Watch VIDEO Three years ago, Stephanie Vandenbroeke, a single mother of two, poured her life savings into a condominium at the Madison Oaks in Palm Harbor. She works two jobs and pays her mortgage. But now, a development group from Miami says she and 42 other families have to sell their homes - for tens of thousands less than they paid when they bought at the height of Florida's real estate market. The development group wants to terminate the condominium. "You just can't do this to Americans that have families and work hard," Vandenbroeke said. "It's just not right." This seems impossible, forcing people out of their homes, but this development group claims in documents that the law is on their side. No one representing this group returned phone calls for comment. Madison Oaks was converted from an apartment complex to a condominium during the real estate boom. But when the market tanked, the developer was left with more than 200 unsold units. A new company recently bought those condos and wants to turn the whole place back into an apartment complex. They point to a Florida statute that was supposed to help owners terminate a condo in extreme cases, like a hurricane. But attorney Joseph Gaynor, who represents Madison condo owners, says Florida law should protect these owners. "I don't believe it was ever the intent of the legislature to have somebody come in and by 207 out of 250 units and decide to terminate the rights of the other 40 people," Gaynor said. The statute is supposed to give condo owners a chance to fight back if a developer tries to take over. "If they vote to terminate, then there's a second part of that statute that says if 10 percent of the people object to the termination, the plan of liquidation doesn't go forward," Gaynor said. But Gaynor says the developer took over the condo board and voted to amend the condo documents to get rid of this 10 percent protection clause. What's happening at Madison Oaks should sound alarm bells for anyone who owns a condo that used to be a part of an apartment complex. During Florida's housing boom, more than 30,000 apartment units in Tampa Bay were converted to condos. Many of those conversions, like Madison Oaks, didn't sell out. Instead, developers ended up buying units in bulk at many of these complexes. Meanwhile, residents at Madison Oaks filed a legal objection to halt the process - for now. But Gaynor says he expects this battle will end up in court . Owner Karen Rehs says she'll fight for her home. "I made it to be me, and now they just want to take it back, and I'm not going to let it happen," said Gaynor. The board of directors of the Madison Oaks Condominium Association has sent this response to Newschannel 8. "The Board of Directors of the Madison Oaks Condominium Association is issuing this written statement in response to a request for comment from Channel 8 Tampa regarding the prospective termination of the Madison Oaks Condominium. On August 21, at a special meeting for units owners at Madison Oaks condominium held to consider the potential termination of the Madison Oaks condo, the required 80% + of unit owners voted in favor of the termination of the Madison Oaks condo and as a result the termination has been deemed approved by the owners. In that regard, the Board of Directors would like to make the following points regarding the implementation of that Plan of Termination: Madison Oaks is a failed condominium conversion of what was previously a rental community. The termination will return Madison Oaks to its pre-conversion status as a well appointed garden-style rental community. The Declaration of Condominium, pursuant to which all current unit owners purchased their condominium units, provides that an owner of 80% or more of the common elements can approve a termination of the condominium. The termination is being undertaken pursuant to this express provision of the Declaration of Condominium that all unit owners agreed to be bound by when they purchased their units. The Board of Directors is sensitive to the concerns of the unit owners that the appraisal process for their units be undertaken in an arms-length, transparent process. The Board of Directors understands that concern and for that reason the Termination Trustee under the Plan of Termination will be retaining an independent appraiser that has done no prior business with any of the parties involved in the termination. The appraiser will individually appraise each unit to insure that those unit owners who have made special upgrades to their units will have such work factored into their appraisals – the goal is to make the appraisals as accurate as possible in determining the fair market value of each of the condo units. Owners whose units will be sold at the fair market value as a result of the termination are being offered the opportunity to enter into leases that will allow them to remain residents at the property. The management company has been instructed to negotiate lease terms on an individual basis, taking into account the specific situation of each owner." Thank you for your inquiry. Respectfully yours, Board of Directors of the Madison Oaks Condominium Association

LOCK YOUR DOORS, HOMES, CARS AND MAIL BOXES

Homes are being broken into and I am now receiving many reports that their cars are being broken into ALSO. Mail is being stolen FROM MAIL BOXES. What a hell of a place to live and they don't tell you anything. Now they publish their cost of joining the golf club. $4450.00 for annual Family Membership. Residents are being taken in all directions. Trish Adams sure knows how to screw the residents just like Do Nothing Joe Hunter. What happens if some lady gets rape? What is she going to say? Put on more clothes? No Sidewalks, No bad news coming from their months, great place to live, Simply the Best, work free to deliver their LA Times, police and golf carts ride around the community with no power to do anything. What a hell of a place to live. Where I am, I don't need to lock my doors and I don't see police riding around. Homes are being build 50 at a time.

Condo ends ban on unmarried couples

Condo ends ban on unmarried couples Article Courtesy of The Sarasota Herald-Tribune By Shelby Webb Published August 25, 2013 VENICE - Facing a backlash from gay-rights activists, a local condominium association is reversing a recent policy that barred unmarried couples from the complex. The Casa Di Amici Condominium Association Inc. held a special meeting Thursday to amend a rule allowing only singles and husband-and-wife couples to buy or lease units within the community. The policy, approved in a July 17 meeting as part of 34 pages of amendments, generated anger among some who saw the measure as discriminatory against gay couples, who cannot legally marry in Florida. Outrage over the decision put the quiet condo complex in the public eye, generating not only local attention, but stories in newspapers in Miami and New York, as well. As the controversy frothed, the board at the 160-unit complex, which is near Jacaranda Boulevard and U.S. 41, remained silent, refusing to explain the new policy. But on Thursday board member Bill Moniz said the intent was never to discriminate. Moniz and attorney Dan Lobeck, who represents the condominium association but did not write the controversial amendment, said the purpose of the amendment was to keep corporations from coming in and buying up multiple units in the neighborhood. Attorney Dan Lobeck, left, sits with Bill Moniz, right, during a special meeting of the Casa Di Amici Condominium Association Inc. on Thursday. During the meeting, association board members, including Moniz, voted unanimously to change the wording of a policy that only allowed individuals or married couples to buy or rent in the neighborhood. "We never wanted to prevent anyone from living here," Moniz said. "I intend to make this right." “We never wanted to prevent anyone from living here,” Moniz said. “I intend to make this right.” Lobeck said some attorneys do not realize the repercussions of far-reaching language, especially when they constitute only a few paragraphs in a much larger document. “When I drafted one of my first condominium declarations, it required everyone to go out and buy a dog over 45 pounds,” Lobeck said. “Mistakes are made and this is a notably regrettable one.” The changes approved Thursday replaced all references to individuals and husband-and-wife couples with the phrase “two natural persons,” which is legal language for two human beings. Condominium owners must approve the amendments. They will vote within 45 days, Lobeck said. The original wording was flagged by Julia Nowak, a Realtor who owns a condominium in Casa Di Amici. Although she said there are some other parts of the condominium declaration she would like to see tweaked, Nowak said she was glad the association took out the discriminatory language. “The end result was great,” Nowak said. “We need a law to protect people and keep this from this happening again.” Nowak hopes Sarasota County will pass a human-rights ordinance that would prohibit discrimination in housing on the basis of sexual orientation or marital status. Currently, there is no state or federal law banning discrimination in housing on the basis of sexual orientation or marital status. Although gay-rights advocates hope to propose a human-rights ordinance to the Sarasota County Commission soon, some are celebrating what they see as a small victory. Jennifer Cohen, who heads the Sarasota-Manatee chapter of the National Organization for Women, protested outside of Casa Di Amici last week after she heard of the discriminatory policy. She said she is elated with the new changes. “I'm very happy for the people in (Casa Di Amici) and Venice,” Cohen said. “I hope other complexes will check their policies to make sure they allow all people to purchase a home or condo in Venice or in any other part of our county.”

A 55+ community with NO sidewalks

Walk in the road is their motto says Trish Adams. What a hell of a place. I am so glad I am out of there. It offers nothing but problems. Lots of house break-ins and they won't tell you, mail from mail boxes stolen, cars broken into. You got to lock everything. Security at the front gate is a rip-off. Bingo is as crooked as you can find it any where. This place is a zero.

Broward sues condo over alleged discrimination against woman, 90, and her service dog

Article Courtesy of The Sun Sentinel By Susannah Bryan Published August 17, 2013 A condo on Galt Ocean Mile discriminated against a 90-year-old blind woman and her service dog Nittany, says a federal lawsuit filed this week by Broward County. The lawsuit, filed Tuesday on behalf of Dorothy Davis and her daughter Lynda, demands a jury trial and seeks unspecified damages for mental anguish, emotional distress, humiliation and embarrassment. Officials with the Southpoint Condominium Association in Fort Lauderdale declined to comment Thursday. Lynda Davis said she hopes the lawsuit serves as a warning to anyone who might discriminate against a disabled person and their service dog. "Hopefully, it will send a message to other condo associations that they're treading on dangerous ground when they question someone's disability," she said. Lynda Davis said she bought Nittany as a puppy and future service dog for her mother, who is frail and legally blind. She paid to have Nittany trained as a service dog, but neighbors frequently yelled at the German shepherd and questioned why he was on the premises, the suit said. Lynda and Dorothy Davis, her blind 90-year-old mother, walk through a Delray Beach shopping center with Nittany, their service dog. The family has since moved to Delray Beach. Davis put her condo up for sale in November because of Southpoint's "continued harassment" and refusal to allow the dog to stay, the lawsuit says. "Ms. Davis was subjected to acts of intimidation and coercion by being repeatedly ordered out of the elevator when attempting to walk to dog; she was verbally assaulted and repeatedly asked to provide her address so fellow unit owners could complain about the dog's presence." The lawsuit seeks attorney's fees and a civil penalty against Southpoint. The possible fine could range from $16,000 to $65,000, depending on whether a court has determined the condo engaged in prior housing discrimination. Allison Curtis, who helped train Nittany, said the behavior of some condo residents left the dog with a fear of people and hampered his training. "The socialization period for puppies is from two to 10 weeks of age," she said. "During that critical time, condo owners were yelling at him. He learned from those interactions to be afraid of people." Broward to sue no-pets condo after woman claims retaliation over service dog

No Sidewalks but a lot of lairs

How can anyone live in a community with NO sidewalks?   High crime rate !  Force to pay the MX !  Say anything bad about this community and you get BAN from the clubhouse.  They feed  Lake Ashton with Herbicides !  They invite you every Monday to enjoy their guest of advertisers. They feed you the wrong information.  They are ca bunch of lairs.  What is Trich Adams doing ?  Joe Hunter ?  What a bunch of idiots and lairs.  Am I glad I am the hell out of there!

HIGH CRIME RATE HERE IN LAKE ASHTON

WHAT A BIG JOKE		Light Out Against Crime
	Neighborhood Watch wants you to participate in the national Night Out Against Crime today, Tuesday, August 6. The Senior Leaders of C.A.P. will take the Sheriff's golf cart and car out from 6 to 8 pm and drive around the streets of Lake Ashton with lights on and horns blaring. All residents are being asked to put their outside lights on during this time to mark the community participation in this event. Please click here to read more about the event. LETS FACE IT.  LAKE ASHTON IS FULL OF CRIME BUT THEY WON'T TELL YOU.  MANY HOMES ARE BEING BROKEN INTO AND ITEMS ARE BEING STOLEN.  THEY JUST DON'T GIVE A DAMN.    WHERE I AM LIVING THERE IS NO SHERIFFS DRIVING AROUND THIS COMMUNITY.   NO GOLF CARTS BECAUSE THERE IS NO CRIME HERE.  NONE WHAT SO EVER.   LAKE ASHTON IS THE WORSE PLACE TO LIVE BECAUSE OF THE HIGH CRIME RATE AND TO TOP IT ALL NO SIDEWALKS.  YOU CAN HAVE THIS DISHONEST COMMUNITY. DON'T EXPECT MS ADAMS TO TELL YOU.  SHE IS THE BIGGEST LAIR IN LAKE ASHTON.

LAWS

• NEW ASSOCIATION LAWS
  EFFECTIVE JULY 1ST, 2013

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The majority of our practice focuses on condominium and homeowners' association law matters. Our skilled attorneys are well versed in the Florida laws and statutes governing these areas and can educate you on how they affect your individual situation and needs.
Trust your case to a firm that puts your best interests at the forefront of your case. We tailor our representation of your case to suit your specific needs. Do not face your legal problems alone – the lawyers at our firm are ready and eager to ensure that your rights are preserved and protected.

Contact a Miami-Dade County Civil Litigation Attorney

Contact a Florida condo law attorney today at the law firm of Glazer & Associates, P.A. to learn what we can do for you. A lawyer on our exceptional legal team can assess the possibilities for your case and determine the best course of action to take in pursuit of a beneficial result.

HOA

Help Is on the Way for Florida's Homeowner Associations

Article Courtesy of the Florida Community Association Journal

By Eric M. Glazer, Esq.

Published July 2013
  

For far too long, homeowner associations have been treated like the red-headed stepchild of the Florida Legislature. Condominium associations in Florida are governed by a superior and more detailed statute. Furthermore, unit owners in condominiums get assistance from the Department of Business and Professional Regulation (DBPR) through an informative website with online forms, a hotline to answer condominium law questions, investigators to answer complaints, and document examiners to review developer filings, declaratory statements, and more. It was time to at least try and level the playing field. This past legislative session Cyber Citizens for Justice (www.ccfj,net) made it their priority to get much needed legislative help to Florida homeowner associations and sought my firm's legal assistance and the assistance of Richard Pinsky, a lobbyist with Akerman.

The first task was to find legislators who were willing to come to the aid of the millions of homeowners in the state. This is not the easiest of tasks, considering the fact that last year the Florida Legislature passed a law that removed developer warranties in homeowner associations for driveways, roads, sidewalks, utilities, and drainage. Finding legislators willing to take on the developer lobby was even harder. Luckily, Senator Alan Hays, Representative Michael LaRosa, and Representative Debbie Mayfield accepted the challenge and stepped up to the plate to help.

  
There were several glaring examples of how unfairly homeowners in an HOA were treated as compared to condominium owners, so my focus on creating new legislation started with that.

For example, the condominium statute automatically removes board members who are arrested for stealing association funds. The HOA statute did not contain such a provision. As a result, there have actually been cases of HOA presidents being arrested for stealing money from the association and continuing to serve as president of the HOA... from prison. That won't be the case any longer.

In addition, the condominium statute required the purchase of insurance or fidelity bonding for all persons who
handle association funds. The HOA statute did not, but it HOA statute allowed managers to charge members hourly fees, with no cap, for access to association records. There are horror stories of HOA members being charged hundreds of dollars for a few pages of records. Now, there will be a $20 per hour cap, and the first haJf hour is free.

In addition, homeowners will now be able to use their cell phone or camera to take pictures of the association's records free of charge. The topic of education is near and dear to my heart. I have taught a Board Certification course for condominium directors for the past few years, now having certified approximately 5,000 Floridians all around the state. It made no sense that HOA board members did not have to get certified, inasmuch as their responsibilities as board members are certainly equal to condominium directors. So starting July 1, HOA board members will now have to be certified as well.

In a condominium association, if a director wants to do business with the association, the contract must be disclosed, two-thirds of the non-interested directors must vote in favor, and the owners have a right to cancel the contract. HOA owners had no such protection until now. And believe it or not, only the condominium statute contains a provision that prevents board members from receiving kickbacks from vendors for awarding the vendor an association contract. Now HOA owners get the same protection in their association.

Owners in a condominium get to control their own destiny and get "turnover" from the developer to the unit owners far quicker than HOA members do. There are stories out there of HOA developers staying in control of communities for decades. HOA developers now must turn over control of the association if they file a Chapter 7 Bankruptcy petition, if a receiver is appointed, if they lose the property to foreclosure, or if they abandon or desert the property. Homeowners will also now be allowed one seat on the board when 50 percent of the units are sold. Let's just say that the developer lobby wasn't particularly happy with this new legislation.

My original proposed legislation would have allowed members in a homeowners association to get much needed assistance from the Department of Business and Professional Regulation. Some people believe that this is simply an expansion of government and bureaucracy, and another example of overregulation by the government.

My opinion differs. Providing assistance to owners, as mentioned above, is not overregulation. It is simply much needed assistance to homeowners, a means of getting help from developer abuse, and having simple questions answered and matters addressed, without the need to hire an expensive attorney. At no point along the way did I ever get the feeling that any legislator was against the DBPR providing help and assistance to HOA owners.

  
The problem in getting the legislation passed was that at present, the state of Florida simply has no idea who the homeowner associations are, where they are located, or how many homes in our state are actually situated within an HOA. So, effective July 1, homeowner associations will now be required to register with the DBPR and provide their name, address, employer i.d. number, number of parcels, and amount of their budget. It will not cost the association anything to register. If the community is managed by a licensed manager, that manager has the duty of complying with the statute. The thinking this year was to first find out who the associations are, and perhaps next year lean toward getting these associations the help they need from the DBPR.

I had the honor and privilege of appearing before committees of the Florida House and Senate to promote this legislation and personally met with senators, house members, and their staff in an effort to get the legislation passed. As the bill picked up steam by unanimously passing each sub-committee, additional excellent provisions were suggested by others.

For example, associations will now be required to send owners copies of amendments to the governing documents within 30 days of the amendment being recorded. In addition, in order to thwart a recent decision of the 3rd OCA, an association will no longer be financially penalized should the association foreclose on a unit and take title by having the unit ledger automatically go to zero. That court decision, unfortunately, resulted in associations not being paid a dime in past due assessments by subsequent purchasers at a bank's foreclosure sale.

Additionally, now in an HOA, the right of the developer to amend the association's governing documents is subject to a test of reasonableness, which prohibits the developer from unilaterally making amendments to the governing documents that are arbitrary, capricious, or in bad faith; destroy the general plan of development; prejudice the rights of existing nondeveloper members to use and enjoy the benefits of common property; or materially shift economic burdens from the developer to the existing non-developer members.

All of these amendments to the HOA Statute were codified in House Bill 7119. The bill passed the House of Representatives by a vote of 114 to 4. The bill passed the Florida Senate by a vote of 37 to 0.

Governor Scott signed the bill into law on June 14. The effective date of all of these statutory amendments is July 1. All in all, it was a pretty successful year for homeowner associations in Florida, and for the first time in a long time, homeowner associations certainly have the legislature's ear. 

 

Of course, there is a lot of work still left undone, but after years of no help and even going in reverse, this year was the jump start needed to pass additional laws next year in the best interest of our Florida community associations.

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Eric M. Glazer, Esquire is with Glazer & Associates, P.A., with offices throughout Florida.
He is also the host of the CondoCraze and HOA's radio show that airs each Sunday at noon on 850 WFTL.
For more, information, call (954) 983-1112 or visit www.hoa-laws.com. 

MX

Please be aware that if you did not sign up for the MX, you are under NO obligation to pay for this service.  There are many Lake Ashton residents that are NOT paying.  This is a rip off just to get the developer rich.  Only a fool would pay for this service.  And I would not call this a service but a rip off.