Who Is The Florida Condominium Ombudsman?
The office of the Florida Condominium Ombudsman (FCO) was created in recent years, in order to serve as a ‘neutral resource’ for condo owners, board members and condo associations as a whole. It exists under the state Department of Business & Professional Regulation (DBPR), as a satellite of sorts to the Division of Florida Condominiums, Timeshares, and Mobile Homes (the ‘Division’). The ombudsman is appointed by the secretary of the DBPR, but is intended to be a neutral voice, helping to settle potentially volatile disputes. They may be a valuable tool for your association somewhere down the road.
Many Varied Duties
The FCO has numerous duties to perform, by law, but one of the most important is to act as a mediator in disputes between condominium associations and owners, property managers, or anyone else involved in the disagreement. They can act as a liaison between parties whose relationship is acrimonious, and they can work to see if a solution to the dispute can be reached without the need for a formal hearing (which can be time-consuming and, sometimes, ruinously expensive).
The ombudsman’s office also intercedes in situations where election fraud has been alleged, sometimes adjudicating a final decision or monitoring elections as they happen. They cannot become involved with the election unilaterally; rather, voting interests in the condominium (15 percent or six unit owners, whichever is greater) must request the presence of an election monitor via petition. Still, the monitor from the FCO’s office can be a bulwark against unfair practices in board elections.
A Potentially Valuable Resource
For many condo owners or members of condo boards, the FCO will be a resource that you never need to use, particularly in many smaller associations where dispute resolution may be easier and less time-consuming than in large complexes. However, if disputes arise between owners, or involving your property manager or the association itself, it can be an advantage to have access to a neutral arbiter instead of immediately resorting to more punitive measures like filing suit to foreclose.
If you are in the middle of a dispute with your condo board, or you are on a board having problems with owners, it is a good idea to at least have a meeting with the ombudsman, simply because an outside voice can be the difference between amicable resolution and weeks or months of wrangling. The right attorney on your side can help make a difference as well, helping to liaise with the ombudsman and any other party involved in your dispute.
Contact A Tampa Condominium Association Attorney
Running a condominium association is never easy, and sometimes, disputes can multiply until the board feels hamstrung. An outside actor like the Florida condominium ombudsman can be a breath of fresh air to be used in correcting the situation, and the right attorney can help all these actors work well together. A Tampa condominium association attorney from the Seward Law Office can help – call our office today to schedule a consultation.
Source:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0718/Sections/0718.5012.html
