OMBUDSMAN

Started by SimoneT • 12 replies • 2267 views

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SimoneT (Florida)
Posts: 116

Posted:

Please, can anyone explain why HOA's do NOT fall under their Jurisdiction in Florida? I was told Ombudsmen only represent Condos, Time Shares, and Co-ops. If we have grievances, and/or complains, etc., that is not being taken care of in our Home Owner's Association, who can we turn to if we do not have money for a lawyer? A group of us feel discriminated against. Thank you in advance for your reply.

JanetB2 (Colorado)
Posts: 4,219

Posted:

Hi Simone:

Welcome to HOATalk.

Here is a link to your State Statutes:

http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0720/0720ContentsIndex.html&StatuteYear=2011&Title=%2D%3E2011%2D%3EChapter%20720

This Chapter 720 applies for Homeowners’ Associations.

I recommend you review your governing documents and State statutes including section 720.311 Dispute resolution.— This will give you a starting point to determine if the grievances are valid, are they covered under the governing documents or state laws, and how potentially best to proceed.

Unfortunately in some instances it can finally come down to owners being willing to chip in and hire an attorney or live with taking no action. The owners will need at that time to determine the pros or cons based on the situation.

TimB4 (Tennessee)
Posts: 21,062

Posted:

Simone,

The reason why the Ombudsman's office only covers condominiums is because the State legislature specified only condos.

Therefore, even if the Ombudsman wanted to include HOA's they may not exceed the limitations the law applied.

I would suggest you contact your State legislature and request that that they expand the ombudsman area of concern or to create a new Ombudsman office for HOAs.

SimoneT (Florida)
Posts: 116

Posted:

@JanetB2 and TimB4: Thank you so very much for your reply. I am learning as I go. There are many issues that we have in our community. I will act on your suggestions, and keep you posted.

SimoneT (Florida)
Posts: 116

Posted:

Hello:

An Ombudsman from Tallahassee called me. We spoke for a while on the phone. He gave some suggestions, one or two of them you guys also have stated. He also asked us to tell our representatives to include Mobile Homeowners Associations in their area. I know this will take a very long time. So, unless I have another question about this topic, I won't be back to this thread for a while. How long do these topics stay on the website?

TimB4 (Tennessee)
Posts: 21,062

Posted:

At least three years (that I know of). One of the easiest ways tot locate it is to look at your profile as there is an option there to look at all of your posts.

However, if it has been awhile, it's best to start a new thread anyway.

BrianB (California)
Posts: 2,820

Posted:

Quote:

Posted By SimoneT on 02/29/2012 1:40 PM
Please, can anyone explain why HOA's do NOT fall under their Jurisdiction in Florida? I was told Ombudsmen only represent Condos, Time Shares, and Co-ops. If we have grievances, and/or complains, etc., that is not being taken care of in our Home Owner's Association, who can we turn to if we do not have money for a lawyer? A group of us feel discriminated against. Thank you in advance for your reply.

You will have to look at the preamble to the original bill/law, and see why the author chose the words and scope he/she did. There may be clues to the "why" in the notes of the preamble (and there may not be).

Basically, the "why" is "because that's how the law was written".

SimoneT (Florida)
Posts: 116

Posted:

Quote:

Posted By TimB4 on 03/04/2012 8:14 AM
At least three years (that I know of). One of the easiest ways tot locate it is to look at your profile as there is an option there to look at all of your posts.

However, if it has been awhile, it's best to start a new thread anyway.

Thank you TimB for the info.

SimoneT (Florida)
Posts: 116

Posted:

Quote:

Posted By BrianB on 03/04/2012 10:56 AM

Thank you BrianB for this info. I will check it out.

JanetB2 (Colorado)
Posts: 4,219

Posted:

Hi Simone:

From a previous post I just viewed from you are you HOA or do you fall under Mobile Home Park Tenancies?

SimoneT (Florida)
Posts: 116

Posted:

Good morning JanetB!

We are what they call down here, a REAL PROPERTY Mobile Home Community. We OWN our land. We have a HOME OWNER'S ASSOCIATON. We have By-Laws, Declaration of Covenants, Articles of Incorporation, and Rules and Regulations. We have seven board members. The TERMS change every year. We have 3 that are 2 year terms, and 4 that are one year term.

JanetB2 (Colorado)
Posts: 4,219

Posted:

Hi Simone:

I provided information on your other thread regarding Mobile Homes.

SimoneT (Florida)
Posts: 116

Posted:

Quote:

Posted By JanetB2 on 03/07/2012 12:04 PM
Hi Simone:

I provided information on your other thread regarding Mobile Homes.

Hi JanetB:

I posted information in the topic, "QUORUM". Thank you so very much for all your information. You are great!

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