Sunny Isles Beach buildings through trees

New in Condoland: Ombudsman, emergency powers & condo rights

By Dana Goldman, Commissioner

(July 30, 2020) – On the regulatory front, Governor Ron DeSantis appointed Spencer Hennings of Miami as Florida’s new Condominium Ombudsman. The Office of the Ombudsman provides resources and educational programs; fields questions for condominium unit owners, directors and officers; serves as liaison with policy makers; and monitors condominium elections and meetings. The City looks forward to having the Ombudsman’s office representative serve our residents on a monthly basis, as provided by recent City Commission resolution.

On the legislative front, our condominium associations have encountered tremendous operational and governance challenges during this pandemic; however, the emergency powers under Chapter 718, Florida Statutes (the “Act”) currently contemplates responses to a hurricane but not a pandemic event such as COVID-19. The Florida Bar is proposing legislation for the upcoming Session to clarify that the Act’s emergency powers are available during a pandemic or public health emergency. The legislation will clarify that meetings can be held by telephonic, video and other means, and that associations can adopt an emergency plan that will allow for restricted access to the condominium property or common areas, rely upon emergency management officials and public health officials for advice, receive immunity for exercising emergency powers and charge unit owners for sanitization costs incurred.

On the local front, my condo rights workshops will continue virtually with an upcoming COVID presentation and a Theft, Fraud & Embezzlement program in September with our Police Department. To be added directly to my condo rights workshop mailing list, please contact me at dgoldman@sibfl.net or 786.512.6364. Stay safe!