Daily Business Review: Proposal deregulating associations clipped from legislative bill by mtangeman


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									3/23/2011                                                            Proposal deregulating associations clippe…
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   Hom e > Propos al deregulating as sociations clippe d from le gislative bill

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  Proposal deregulating associations clipped from
  legislative bill
  Paola Ius pa-Abbott        Contact     All Articles
  Daily Business Rev iew     March 23, 2011

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                                                                     A propos al to eliminate the s tate regulator that overs ees
                                                 Donna Berger        condominiums and property managers appears to be
                                                                     dead after legis lators removed language from a
                                                                     deregulation bill pertaining to community ass ociations .

                                                                     The proposal received s trong oppos ition from condo
                                                                     lawyers, association advocacy groups and the state’s
                                                                     largest property manager, who s aid the bill would expos e
                                                                     community associations to uns crupulous boards,
                 Donna Berger                                        managers and developers. It would have also forced
                                                                     homeowners to go to court to res olve conflicts with condo
                                                                     boards or managers.

   Condo owners' only option may be suit if bill
   passes                                                            Donna Berger, executive director of the Community
                                                                     Advocacy Network, said the House Economic Affairs                      Find similar content
  Committee is expected to consider a new vers ion of HB 5005 on Thursday that no longer includes provisions to
                                                                                                                                          Companies, agencies mentioned
  deregulate community as sociations.
                                                                                                                                          Key categories
  The bill would have eliminated the Divis ion of Florida Condominiums, Timeshares and Mobile Homes . The revis ed                        Most viewed stories
  bill was filed late Tuesday.
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  “I’ve been gearing up for a big fight, but that’s what happens when community ass ociations get organized,” said
  Berger, a partner with Katzman Garfinkel & Berger. “They wield a tremendous amount of political clout.”                                      Plum TV CEO Jerry Powers fights
                                                                                                                                               tribe over gambling debt

  The early vers ion of the bill sought to eliminate the division and other functions of the Department of Business and                        Involuntary bankruptcy filed against
  Profess ional Regulations that inves tigate and arbitrate condo disputes and licens e property managers . Without the
                                                                                                                                               ex-trustee Tolz
  intervention of the DBPR, condo and home owners would have had to sue their associations to make them enforce
                                                                                                                                               Five ex-Yoss attorneys forming Fort
  condo and homeowners laws .
                                                                                                                                               Lauderdale firm

                                                                                                                                               $144,000 real estate commission fight
  The revised bill still s eeks to deregulate several indus tries including auction companies, talent agencies, lands cape                     in shopping center deal
  architects, geologists, home inspection s ervices and mold-related s ervices .

  In addition to Berger’s group, Hollywood-bas ed The Continental Group, one of the s tate’s largest managers of
  community associations, is also lobbying to maintain the DBPR’s watchdog role.

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3/23/2011                                                     Proposal deregulating associations clippe…
  Continental Group chief executive Tim O’Keefe said the amended bill would be a victory for the millions of Floridians
  living in community as sociations.

  He s aid lobbyis ts and community association activists were able to make their point very clear in Tallahass ee.

  “Somebody mus t have realized that 3.5 million Floridians with $4.5 billion dollars worth of budget money s hould
  continue to be regulated and have a statewide watchdog like the DBPR,” he said.

  The original bill would have also removed licensing requirements for community as sociation managers , including
  criminal background checks . The bill leaves the rules intact.
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  Eric Glazer, whose Fort Lauderdale-based law firm Glazer & Ass ociates represents community associations acros s        BUSINESS**
                                                                                                                          Hiretrends, Inc.
  South Florida, said keeping a licensing system for property managers is important.                                      New York, New York

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                                                                                                                          Wilens & Baker, P.C.
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  “I guess common sense prevailed,” he s aid. “Can you imagine a manager who los t his license for fraud and
  because of this bill he would have been able to go right back into that arena?” he asked.                               MORE JOBS
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  If the proposed legis lation wins committee approval, it is s cheduled to go to the House Appropriations Committee.
  Pass age there would s end it to the full House and Senate for approval. Becaus e the bill has been des ignated
  budget-related legislation, it does not require a Senate companion bill and won’t go before Senate committees for
  further scrutiny.

  Paola Ius pa-Abbott can be reached at (305) 347-6657.

  Paola Ius pa-Abbott can be reached at (305) 347-6657.

  Subscribe to Daily Business Review

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