HomeMy WebLinkAboutR-17-0119City of Miami
Legislation
Resolution R-17-0119
File Number: 1905
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
Final Action Date: 3/9/2017
A RESOLUTION OF THE MIAMI CITY COMMISSION SUPPORTING SENATE
BILL 1682 AND HOUSE BILL 1237 AMENDING CHAPTER 718, FLORIDA
STATUTES, ENTITLED "CONDOMINIUM ACT", TO PROTECT THE WELFARE
OF RESIDENTS AND OWNERS OF CONDOMINIUMS IN THE STATE OF
FLORIDA IN A MANNER CONSISTENT WITH THE RECOMMENDATIONS
MADE IN THE FINAL REPORT OF THE MIAMI-DADE COUNTY GRAND JURY,
SPRING TERM A.D. 2016 ("GRAND JURY REPORT"); DIRECTING THE CITY
MANAGER TO ADD TO THE CITY'S 2017 LEGISLATIVE PRIORITIES SUPPORT
FOR SAID AMENDMENTS; FURTHER DIRECTING THE CITY CLERK TO
TRANSMIT A COPY OF THIS RESOLUTION TO THE OFFICIALS NAMED
HEREIN.
WHEREAS, Senate Bill 1682, co -introduced by Senators Rene Garcia and Jose Javier
Rodriguez, and House Bill 1237, sponsored by Representative Jose Felix Diaz, propose
amendments to Chapter 718, Florida Statutes, entitled "Condominium Act", prohibiting an
attorney from representing a Home Owner's Association ("HOA") if that attorney also represents
the management company; prohibiting an HOA board member or management company from
purchasing a unit in foreclosure if the foreclosure resulted from the HOA's actions; requiring that
official records of the HOA be open to inspection by unit renters; requiring that HOA's post
specified documents on the HOA's website; requiring that the Division of Florida Condominiums,
Timeshares, and Mobile Homes maintain and provide copies of HOA financial reports; instituting
term limits for HOA board members (no more than two (2) four (4) year terms); prohibiting a
HOA from contracting with a service provider that is owned or operated by a HOA board
member or financial associate of a HOA board member; more closely regulating the selection of
arbitrators; applying criminal penalties to voter fraud committed in the conduct of an HOA
election; making uniform rules pertaining to voting rights of HOA members; requiring that HOA
board members publicly disclose any conflicts of interest when making official decisions and
providing that the ombudsman of a HOA would be given additional power to monitor HOA
elections; and
WHEREAS, the Miami -Dade County Grand Jury ("Grand Jury") investigated and issued
the Final Report of the Miami -Dade County Spring Term A.D. 2016 ("Grand Jury Report") on the
state of condominiums with respect to continuing complaints to the Department of Business and
Professional Responsibility ("DBPR") which is charged with enforcing the Florida Condominium
Act, Chapter 718, Florida Statutes ("Condominium Act"); and
WHEREAS, the Grand Jury reviewed the statewide investigation conducted by the
Florida House of Representatives in its Final Report of the Select Committee nine (9) years ago
and compared the problems found then to the continuing problems today; and
WHEREAS, the Grand Jury heard the testimony of witnesses as it related to
condominium living, management, elections, and the process by which DBPR investigates and
handles it responsibilities as required by Florida Statute; and
City of Miami Page 1 of 3 File ID: 1905 (Revision:) Printed On: 6/13/2017
File ID: 1905 Enactment Number: R-17-0119
WHEREAS, the Grand Jury found there was still an appreciable lack of access to the
official records of condominium associations; and
WHEREAS, the Grand Jury found there still existed conflicts of interest for members of
condominium boards, especially under Chapter 617.0832, Florida Statutes, which can allow a
board member, with or without disclosure, to vote in favor of a transaction that will directly
benefit the member; and
WHEREAS, the Grand Jury found there still existed a disconnect between condominium
boards, property management companies, and individual condominium owners with regard to
service contracts, pricing and daily administration issues; and
WHEREAS, the Grand Jury found there still existed grave issues with the integrity of
election monitoring for condominium boards and how complaints of election fraud are handled
by the DBPR; and
WHEREAS, the Grand Jury found that the DBPR "seems ill-suited to resolve, correct or
prevent many of the recurring problems" and that the condominium Ombudsman "is an
essentially powerless position"; and
WHEREAS, the Grand Jury has recommended stricter compliance for access to public
records by amending Chapter 718.111(12)(c), Florida Statutes, and criminal penalties for
persons who knowing and intentionally destroy, deface, fail to produce, fail to create and/or fail
to maintain the required records; and
WHEREAS, the Grand Jury has recommended reforms be enacted to subject any party,
director, and/or member of a condominium association/board to criminal penalties for engaging
in fraudulent activity with regard to board elections; and
WHEREAS, the Grand Jury has recommended that Election Monitors be given greater
authority to ensure the integrity of elections and that the DBPR restore the certification process
for such monitors; and
WHEREAS, the Grand Jury has recommended amending Chapter 617.0832, Florida
Statutes, to require board members, board directors and property management companies to
disclose any conflicts of interest when entering into contracts on behalf of the associations they
represent; and
WHEREAS, the Grand Jury recommends the DBPR create a new department for
investigations and that they be given new authority to investigate criminal complaints as well to
provide the appropriate training to its investigators to accomplish this task;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF
MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Resolution are
adopted by reference and incorporated as if fully set forth in this Section.
Section 2. The City Commission hereby supports Senate Bill 1682 and House Bill 1237
amending Chapter 718, Florida Statutes, entitled "Condominium Act", to protect the welfare of
residents and owners of condominiums in the State of Florida in a manner consistent with the
recommendations made in the Grand Jury Report.
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File ID: 1905
Enactment Number: R-17-0119
Section 3. The City Commission hereby directs the City Manager to add support of
these legislative amendments consistent with the recommendations and findings of the Grand
Jury report to the list of the City's 2017 Legislative Priorities.
Section 4. The City Clerk is directed to transmit a copy of this Resolution to Governor
Rick Scott, Speaker of the House Richard Corcoran, President of the Senate Joe Negron,
Senators Rene Garcia and Jose Javier Rodriguez, Representative Jose Felix Diaz, members of
the Miami -Dade County Legislative Delegation, and Interim Secretary of the DBPR Matilde
Miller.
Section 5. This Resolution shall become effective immediately upon its adoption and
signature of the Mayor.'
APPROVED AS TO FORM AND CORRECTNESS:
1
I"na dez, City Attor iey 3/9/2017
' If the Mayor does not sign this Resolution, it shall become effective at the end of ten (10) calendar days
from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective
immediately upon override of the veto by the City Commission.
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