Pavilion from the Ocean

Pavilion from the Ocean

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GAME OVER! First Arrest under new Condo "Criminal" Law - NO MAS! Primer Arresto bajo la nueva ley "Penal" de Condominios



First Arrest under new Condo "Criminal" Law

AVENTURA, Fla. - A property manager for a condominium building in Aventura was arrested Tuesday for stealing money from a cash vending machine in a laundry room and for attempting to defraud the owner of Safety Electric, authorities said.
According to an arrest report, the owner was contacted by the Admiral Port's building engineer to repair an emergency electrical situation. 


Primer Arresto bajo la nueva ley "Penal" de Condominios


AVENTURA, Fla. - Un administrador de propiedades de un edificio de condominios en Aventura fue arrestado el martes por robar dinero de una máquina expendedora en efectivo en un lavadero y por intentar defraudar al dueño de Safety Electric, dijeron las autoridades.

De acuerdo con un informe de arresto, el propietario fue contactado por el ingeniero del puerto del Almirante Port para reparar una situación eléctrica de emergencia. 

Cyber Citizens For Justice, Inc. CHIEF ARBITRATOR JAMES EARL -- NOTHING BUT PREDICTABLE


An Opinion By Jan Bergemann
President, Cyber Citizens For Justice, Inc.
Published August 19, 2017

I have said it all along: Division Chief Arbitrator James Earl is easily predictable. He just loves to put his own "spin" on laws, especially if these laws are new and have not been interpreted yet in a court of law. He obviously feels a lot more important than he really is. In my opinion he is clearly ignoring the wording of the new law regulating the condo recall process.

Remember my Op-Ed dated August 3, 2017 headlined: "WHY DO ATTORNEYS DON'T READ -- OR UNDERSTAND -- NEW LAWS?"



Click to Enlarge

NO MORE LAWYER'S HARRASSMENT -  NO MAS ACOSO POR LOS ABOGADOS







Another Successful Demonstration by ReformFL. We have been promised by Mayor Gimenez a meeting with the Chief of Police before September 7, 2017


Otra exitosa demonstración por ReformFL. 


El Alcalde Giménez nos ha prometido una reunión con el Jefe de la Policía antes de Septiembre 7 2017



Hand-Delivered Letter to
Mayor Gimenez and Other Officials


August 9, 2017


Mayor Carlos Gimenez

Board of County Commissioners

State Attorney for Miami Dade County Honorable Katherine Fernandez-Rundle

Honorable Harvey Ruvin


To Whom It May Concern,


By way of this letter we are asking the Mayor, Board of County Commissioners, Law Enforcement and the State Attorney’s Office to enforce the new condo law as specified in Chapter 718 of the Statutes of the State of Florida. Your constituents demand that there be ample training for all police departments throughout the County, more informational meetings with law enforcement and the State Attorney’s Office where owner’s concerns can be addressed, and a thorough explanation of how cases will be handled.
We are also requesting that the Mayor and Board of County Commissioners reach out to the Florida Bar to address the abuse of power by attorneys that may be using the legal system to harass and retaliate against owners for asking questions and demanding to see records they have the right to access as contemplated in Chapter 718 of the Statutes of the State of Florida.

We are concerned that special assessments and loans taken arbitrarily by many Associations place a financial hardship on Condo owners that in turn allow these Associations to place a lien on their properties and foreclose on them. Most of the time these special assessments and loans are not spent as told to owners or even necessary.
We need the protection and representation of our elected leaders including our judges who need to stand up for condo owners who are being sued with their own money in our justice system in retaliation for fighting the abuse and neglect. We need Pro Bono Legal Aide to start representing these humble and low income families who are being pushed out of their homes by unscrupulous Boards, Management Companies and the Attorneys that in violation of their oath to justice are the conduits for this fraud. It is not a level playing field.
We look forward to following up with the Mayor and Board of County Commissioners on September 7, 2017 at 9:30 am and speaking about the many cases that have come to Reform Florida’s desk.
REFORM FLORIDA standing up for condo owners’ rights.


Carta Entregada en Mano al
Alcalde Gimenez y a Otros Dirigentes


9 de agosto de 2017

Alcalde Carlos Gimenez
Junta de Comisionados del Condado
Fiscal del Condado de Miami Dade Honorable Katherine Fernandez-Rundle
Honorable Harvey Ruvin

A quien pueda interesar,

Por medio de esta carta pedimos al Alcalde, a la Junta de Comisionados del Condado, a los agentes de la seguridad y a la Oficina del Fiscal del Estado que apliquen la nueva ley de condominios especificada en  el capítulo 718 de los Estatutos de la Florida.

Los votantes  exigen que se entrenen ampliamente a todos los departamentos policiales en todo el Condado, que se lleve a cabo reuniones informativas con la policía y la Oficina del Fiscal del Estado, donde se pueden tratar las preocupaciones de los dueños,  y que se provea una explicación detallada de cómo se gestionarán los casos.

También estamos solicitando que el Alcalde y la Junta de Comisionados de Miami-Dade contacten con el Colegio de Abogados de la Florida para abordar el abuso de poder por los abogados que pueden estar utilizando el sistema legal para acosar y  tomar represalias contra los propietarios por hacer preguntas y exigiendo ver los registros oficiales como está contemplada por el capítulo 718 de los Estatutos de la Florida

Nos preocupa que las derramas extraordinarias y  préstamos tomados arbitrariamente por muchas asociaciones supongan una dificultad financiera para los propietarios de condominios que, a su vez, permiten que estas asociaciones pongan un gravamen (“lien”) sobre sus propiedades y las embarguen. La mayoría de las veces estas derramas extraordinarias y préstamos no se utilizan como se le dice a los propietarios o incluso que sean necesarios.

Necesitamos la ayuda, protección y representación de nuestros líderes electos, incluyendo a nuestros jueces que necesitan defender a los propietarios de condominios que están siendo demandados con su propio dinero en nuestro sistema de justicia en represalia por luchar contra el abuso y la negligencia.

Necesitamos  ayuda legal  Pro Bono para defender a estas familias humildes y de bajos ingresos que están siendo expulsados ​​de sus hogares por Juntas Directivas sin escrupulosos, compañías de gestión de propiedades y los abogados que en violación su juramento a la justicia son los conductos para este fraude.

No es un campo de juego nivelado.

Haremos un seguimiento con el Alcalde y la Junta de Comisionados del Condado el 7 de septiembre de 2017 a las 9:30 am para hablar los muchos casos que han llegado a la atención de Reforma Florida.

REFORM FLORIDA en pie por los derechos de propietarios de condominios.

TOMORROW Demonstration Wed Aug 9 2017 NO MORE LAWYER'S HARRASSMENT -  NO MAS ACOSO POR LOS ABOGADOS

TOMORROW!
¡MAÑANA!



ReformFL

Demonstration Aug 9 2017


NO MORE LAWYER'S HARRASSMENT

NO MAS ACOSO POR LOS ABOGADOS


Join us at Government Center August 9 at 8:30 am to protest the lack of knowledge and enforcement of the new condo law. We demand the police investigate and that attorneys stop using the justice system to retaliate against condo owners who ask for records.

ReformFL will be there Wednesday, August  9. we need to unite forces with community leaders to protect humble, marginalized, communities from predatory management companies and attorneys.

The attorneys are out of control!!!

They are aiding and abetting these corrupt management companies and boards in their fraud. They have passed illegal special assessments,

completely disparaged the money, and left condo owners in financial ruin to then lien their proprieties, foreclose on them, and keep ...their apartments as payment this merits a RICO case it's a scam to steal people's properties. FBI – Federal Bureau of Investigation this RICO case was done in Nevada successfully.

Condo owners have had enough! The law must be enforced.

ESPAÑOL

Únase a nosotros en el Ayuntamiento de Miami-Dade el 9 de agosto a las 8:30 am para protestar por la falta de conocimiento y aplicación de la nueva ley de condominios. Exigimos que la policía investigue y que los abogados deje de usar el sistema de justicia para tomar represalias contra propietarios de condominios que solicitan por documentos oficiales.

ReformFL estará allí el miércoles, 9 de agosto. Necesitamos unir fuerzas con líderes comunitarios para proteger a las comunidades humildes y marginadas de las compañías de administración predatorias y abogados.

¡Los abogados están fuera de control!

Están ayudando y fomentando el fraude en  estas empresas de administración de condominios y juntas directivas corruptas. Han aprobado derramas extraordinarias ilegales, totalmente despreciando el dinero, y dejando a los propietarios de condominios en la ruina financiera para luego embargar sus propiedades, y utilizar  sus apartamentos como pago.  Esto merece un caso RICO es una estafa para robar las propiedades de la gente . FBI - Federal Bureau of Investigation este caso RICO se hizo en Nevada con éxito.

Propietarios de condominio ya han sufrido bastante!  La ley debe ser aplicada.







Know the New FS 718 - Conflicts of Interest - (Conflictos de intereses)



FS 718.112 (2)(p) 
Service providers; conflicts of interest.

An association, which is not a timeshare condominium association, may not employ or contract with any service provider that is owned or operated by a board member or with any person who has a financial relationship with a board member or officer, or a relative within the third degree of consanguinity by blood or marriage of a board member or officer. This paragraph does not apply to a service provider in which a board member or officer, or a relative within the third degree of consanguinity by blood or marriage of a board member or officer, owns less than 1 percent of the equity shares.



FS 718.112 (2)(p) 
Proveedores de servicio; Conflictos de intereses.

Una asociación, que no es una asociación de condominios de tiempo compartido, no puede emplear o contratar con ningún proveedor de servicios que sea propiedad u operado por un miembro del consejo o con cualquier persona que tenga una relación financiera con un miembro de la junta directiva, O un pariente dentro del tercer grado de consanguinidad por sangre o matrimonio de un miembro del consejo o oficial. Este párrafo no se aplica a un proveedor de servicios en el que un miembro del consejo o un funcionario, o un familiar en el tercer grado de consanguinidad por sangre o matrimonio de un miembro del consejo u oficial, posea menos del 1 por ciento de las acciones.


NEW CONDO LAWS 2017 According to Eric Glazer, ESQ


What a year it has been for condominium legislation! Listed below please find a summary of the condominium laws as now amended:

HB 1237
 
718.111 ---- CRIMINAL CONDUCT
Forgery of a ballot envelope or voting certificate used in a condominium association election is a felony, the theft or embezzlement of funds of a condominium association is punishable as provided in s. 812.014, and the destruction of or the refusal to allow inspection or copying of an official record of a condominium association that is accessible to unit owners within the time periods required by general law in furtherance of any crime is punishable as tampering with physical evidence as provided in s. 918.13 or as obstruction of justice as provided in chapter 843.
An officer or director charged by information or indictment with a crime referenced in this paragraph must be removed from office, and the vacancy shall be filled as provided in s. 718.112(2)(d)2. until the end of the officer's or director's period of suspension or the end of his or her term of office, whichever occurs first. If a criminal charge is pending against the officer or director, he or she may not be appointed or elected to a position as an officer or a director of any association and may not have access to the official records of any association, except pursuant to a court order. However, if the charges are resolved without a finding of guilt, the officer or director must be reinstated for the remainder of his or her term of office, if any.

718.111 --- THE ATTORNEY
An association may not hire an attorney who represents the management company of the association.

718.111 --- FORECLOSURE OF THE ASSOCIATION’S LIEN
A board member, manager, or management company may not purchase a unit at a foreclosure sale resulting from the association's foreclosure of its lien for unpaid assessments or take title by deed in lieu of foreclosure.

718.111 – RIGHT OF ACCESS TO RECORDS
A renter of a unit has a right to inspect and copy the association's bylaws and rules.

718.111 --- REQUIREMENT TO PLACE OFFICIAL RECORDS ON A WEBSITE
By July 1, 2018, an association with 150 or more units which does not manage timeshare units shall post digital copies of the documents specified in subparagraph 2. on its website.
The association's website must be: An independent website or web portal wholly owned and by the association; otherwise obtains the right to operate a web page, subpage, web portal, or collection of subpages or web portals dedicated to the association's activities and on which required notices, records, and documents may be posted by the association.
The association's website must be accessible through the Internet and must contain a subpage, web portal, or other protected electronic location that is inaccessible to the general public and accessible only to unit owners and employees of the association.
Upon a unit owner's written request, the association must provide the unit owner with a username and password and access to the protected sections of the association's website that contain any notices, records, or documents that must be electronically provided.
A current copy of the official records must be posted in digital format on the association's website: except for those records that must be kept confidential.
In addition: The notice of any unit owner meeting and the agenda for the annual meeting must be posted no later than 14 days before the meeting. The notice must be posted in plain view on the front page of the website, or on a separate subpage of the website labeled "Notices" which is conspicuously visible and linked from the front page. The association must also post on its website any document to be considered and voted on by the owners during the meeting or any document listed on the agenda at least 7 days before the meeting at which the document or the information within the document will be considered.
Notice of any board meeting, the agenda, and any other document required for the annual meeting must be posted no later than the date required for notice pursuant to s. 718.112(2)(c).
The association shall ensure that the information and records that are required to be kept confidential are not posted.

718.111 – FINANCIAL REPORTING
The following statutory provision has been removed for both condos and HOAs: An association that operates fewer than 50 units, regardless of the association's annual revenues, shall prepare a report of cash receipts and expenditures in lieu of financial statements required by paragraph (a).

718.117 – CONDO TERMINATION
If 5 10 percent or more of the total voting interests of the condominium reject a plan of termination, a subsequent plan of termination pursuant to this subsection may not be considered for 24 18 months after the date of the rejection.

718.707 BULK BUYERS – BULK ASSIGNEES
The statute no longer sunsets on July 1st, 2018.

718.71 FINANCIAL REPORTING
An association shall provide an annual report to the department containing the names of all of the financial institutions with which it maintains accounts, and a copy of such report may be obtained from the department upon written request of any association member.

718.111 DEBIT CARDS
An association and its officers, directors, employees, and agents may not use a debit card issued in the name of the association, or billed directly to the association, for the payment of any association expense.
Use of a debit card issued in the name of the association, or billed directly to the association, for any expense that is not a lawful obligation of the association may be prosecuted as credit card fraud pursuant to s. 817.61.

718.112 – TERM LIMITS
A board member may not serve more than four consecutive 2-year terms, unless approved by an affirmative vote of two-thirds of the total voting interests of the association or unless there are not enough eligible candidates to fill the vacancies on the board at the time of the vacancy.  [Editor’s Note: “if permitted by the bylaws or articles of incorporation.”]

718.112 - RECALLS
Recalls --- are now effective immediately. NO DUE PROCESS PROVIDED. Although language has been left in the statute that still apparently allows the Board to file for recall arbitration. Very confusing and needs to be fixed next year.

718.112 - SERVICE PROVIDERS; CONFLICTS OF INTEREST
An association, which is not a timeshare condominium association, may not employ or contract with any service provider that is owned or operated by a board member or with any person who has a financial relationship with a board member or officer, or a relative within the third degree of consanguinity by blood or marriage of a board member or officer. This paragraph does not apply to a service provider in which a board member or officer, or a relative within the third degree of consanguinity by blood or marriage of a board member or officer, owns less than 1 percent of the equity shares.

718.1255 - ARBITRATION
The state may now employ private arbitrators to hear your cases. The arbitrator must conduct a hearing within thirty days and then enter an order within 30 days after the hearing.

718.111 – PURCHASE OF UNITS AT FORECLOSURE SALE
A party contracting to provide maintenance or management services to an association managing a residential condominium after transfer of control of the association, as provided in s. 718.301, which is not a timeshare condominium association, or an officer or board member of such party, may not purchase a unit at a foreclosure sale resulting from the association's foreclosure of association lien for unpaid assessments or take a deed in lieu of foreclosure. If 50 percent or more of the units in the condominium are owned by a party contracting to provide maintenance or management services to an association managing a residential condominium after transfer of control of the association, as provided in s. 718.301, which is not a timeshare condominium association, or by an officer or board member of such party, the contract with the party providing maintenance or management services may be cancelled by a majority vote of the unit owners other than the contracting party or an officer or board member of such party.

718.3027 CONFLICTS OF INTEREST
(1) Directors and officers of a board of an association that is not a timeshare condominium association, and the relatives of such directors and officers, must disclose to the board any activity that may reasonably be construed to be a conflict of interest. A rebuttable presumption of a conflict of interest exists if any of the following occurs without prior notice, as required in subsection (4):
(a) A director or an officer, or a relative of a director or an officer, enters into a contract for goods or services with the association.
(b) A director or an officer, or a relative of a director or an officer, holds an interest in a corporation, limited liability corporation, partnership, limited liability partnership, or other business entity that conducts business with the association or proposes to enter into a contract or other transaction with the association.
(2) If a director or an officer, or a relative of a director or an officer, proposes to engage in an activity that is a conflict of interest, as described in subsection (1), the proposed activity must be listed on, and all contracts and transactional documents related to the proposed activity must be attached to, the meeting agenda. If the board votes against the proposed activity, the director or officer, or the relative of the director or officer, must notify the board in writing of his or her intention not to pursue the proposed activity or to withdraw from office. If the board finds that an officer or a director has violated this subsection, the officer or director shall be deemed removed from office. The vacancy shall be filled according to general law.
(3) A director or an officer, or a relative of a director or an officer, who is a party to, or has an interest in, an activity that is a possible conflict of interest, as described in subsection (1), may attend the meeting at which the activity is considered by the board and is authorized to make a presentation to the board regarding the activity. After the presentation, the director or officer, or the relative of the director or officer, must leave the meeting during the discussion of, and the vote on, the activity. A director or an officer who is a party to, or has an interest in, the activity must recuse himself or herself from the vote.
(4) A contract entered into between a director or an officer, or a relative of a director or an officer, and the association, which is not a timeshare condominium association, that has not been properly disclosed as a conflict of interest or potential conflict of interest as required by s. 718.111(12)(g) is voidable and terminates upon the filing of a written notice terminating the contract with the board of directors which contains the consent of at least 20 percent of the voting interests of the association.
(5) As used in this section, the term "relative" means a relative within the third degree of consanguinity by blood or marriage.

HB 653
 
Section 633.2225, Florida Statutes, is created to read:
CONDOMINIUM AND COOPERATIVE BUILDINGS WITHOUT SPRINKLER SYSTEMS; NOTICE REQUIREMENTS; ENFORCEMENT.—
(1) The board of a condominium or cooperative association that operates a building of three stories or more that has not installed a sprinkler system in the common areas of the building shall mark the building with a sign or symbol approved by the State Fire Marshal in a manner sufficient to warn persons conducting fire control and other emergency operations of the lack of a sprinkler system in the common areas.
(2) The State Fire Marshal shall:
(a) Ensure that the dimensions and placement of the sign or symbol do not diminish the aesthetic value of the building and
(b) Adopt rules necessary to implement the provisions of this section, including, but not limited to:
1. The dimensions and color of such sign or symbol.
2. The time within which the condominium or cooperative buildings without sprinkler systems shall be marked as required by this section.
3. The location on each condominium or cooperative building without a sprinkler system where such sign or symbol must be posted.
(3) The State Fire Marshal, and local fire officials in accordance with s. 633.118, shall enforce this section. An association that fails to comply with the requirements of this section is subject to penalties as provided in s. 633.228.
Notice of any meeting in which a regular or special assessment against unit owners is to be considered must specifically state that assessments will be considered and provide the estimated amount and a description of the purposes for such assessments.

718.112 – RETROFITTING
An association, or unit owner is not obligated to retrofit the common elements, association property, or units of a residential condominium with a fire sprinkler system or other engineered lifesafety system in a building that is 75 feet or less in height. There is no obligation to retrofit for a building greater than 75 feet in height, calculated from the lowest level of fire department vehicle access to the floor of the highest occupiable if the unit owners have voted to forego such retrofitting by the affirmative vote of two-thirds a majority of all voting interests in the affected condominium. There is no requirement that owners in condominiums of 75 feet or less conduct an opt-out vote and such condominiums are exempt from fire sprinkler or other engineered lifesafety retrofitting.

The local authority having jurisdiction may not require completion of retrofitting with a fire sprinkler system or other engineered lifesafety system before January 1, 2022. By December 31,2018 a residential condominium association that operates a residential condominium that is not in compliance with the requirements for a fire sprinkler system or other engineered lifesafety system and has not voted to forego retrofitting of such a system must initiate an application for a building permit for the required installation with the local government having jurisdiction demonstrating that the association will become compliant by December 31, 2021.

718.112 – 720.303 – NOTICES OF MEETINGS
Condos and HOAs: In addition to any of the authorized means of providing notice of a meeting of the board, the association may, by rule, adopt a procedure for conspicuously posting the meeting notice and the agenda on a website serving the condominium association for at least the minimum period of time for which a notice of a meeting is also required to be physically posted on the condominium property.
Any rule adopted shall, in addition to other matters, include a requirement that the association send an electronic notice in the same manner as required for a notice for a meeting of the members, which must include a hypertext link to the website where the notice is posted, to unit owners whose e-mail addresses are included in the association's official records.

718.113 - MATERIAL ALTERATIONS
If the declaration as originally recorded or as amended under the procedures provided therein does not specify the procedure for approval of material alterations or substantial additions, 75 percent of the total voting interests of the association must approve the alterations or additions before the material alterations or substantial additions are commenced.

720.306 - HOA ELECTIONS
If an election is not required because there are either an equal number or fewer qualified candidates than vacancies exist, and if nominations from the floor are not required pursuant to this section or the bylaws, write-in nominations are not permitted and such candidates shall commence service on the board of directors, regardless of whether a quorum is attained at the annual meeting.