by Michele Newbern Gillis
Staff Writer
The Amelia Island/Nassau County Board of Realtors gathered last month at their board office to hear Rep. Aaron Bean, the area’s state legislator, give legislative updates that affect their businesses and their community.
He explained several laws he has supported including a Commercial Real Estate Lien Law that gives the Realtor a mechanism to attach a lien to a commercial property to ensure they get paid at the closing table.
A law that passed was limited liability in condominium sales.
“This bill passed thanks to all your hard work of knocking on doors and e-mails, which do work, by the way,” he said. “The law requires the seller to put forth some disclosures in terms of what the condominium association will require, which takes a load of your back.”
In the past, he said the buyer would look to the Realtor for disclosures such as condominium fees and more.
Bean cited another issue, condominium guidelines, which is still on the table.
“It was a true slugfest,” he said. “It’s tough because I can argue both sides.
“How strong should condominium guidelines be? Do they have the right to take away someone’s right to rent their condominium or have an animal?
“When they bought their unit, they could rent it and have a small animal. All of a sudden the condominium association board comes in and changes those rules. Is that fair? Should there be a grandfather clause or special circumstances that govern how we make these rules?”
Bean said that one side argues that the owners knew that the condominium association could change the rules at any time, but the owners say they would like to know in advance before they intend to change the rules.
“We have passed two bills that will hopefully settle and give some peace to some of these associations,” he said. “Two bills are headed to the governor’s desk.”
The bill reads:
The Governor shall appoint the Ombudsman. It is the intent of the Legislature that the ombudsman acts as a neutral resource for both the rights and responsibilities of unit owners, associations, and board members.
The ombudsman will have access to and use of all files and records of the division.
• To act as liaison between the division, unit owners, boards of directors, board members, community association managers, and other affected parties. The ombudsman shall develop policies and procedures to assist unit owners, boards of directors, board members, community association managers, and other affected parties to understand their rights and responsibilities as set forth in this chapter and the condominium documents governing their respective association.
• To monitor and review procedures and disputes concerning condominium elections or meetings, including, but not limited to, recommending that the division pursue enforcement action in any manner where there is reasonable cause to believe that election misconduct has occurred. Will also make recommendations to the division for changes in rules and procedures for the filing, investigation, and resolution of complaints filed by unit owners, associations, and managers.
• To facilitate voluntary meetings with and between unit owners, boards of directors, board members, community association managers, and other affected parties when the meetings may assist in resolving a dispute within a community association before a person submits a dispute for a formal or administrative remedy.
In the creation of the Ombudsman’s Advisory Council, the council shall receive, from the public, input regarding issues of concern with respect to condominiums and recommendations for changes in the condominium law. The issues that the council shall consider include, but are not limited to, the rights and responsibilities of the unit owners in relation to the rights and responsibilities of the association. The council shall consist of seven appointed members. Two members shall be appointed by the president of the senate, two members shall be appointed by the Speaker of the House of Representatives, and three members shall be appointed by the governor. The legislature intends that the persons appointed represent a cross-section of persons interested in condominium issues.
The other condominium bill is similar. The difference is that it does not contain the Ombudsman’s Office language or the Ombudsman’s Advisory Council.
Bean said another good thing on the horizon is a marketing campaign to warn the community against unlicensed activity.
“There are people out there that are posing as real estate agents and they keep suckering the public,” said Bean. “There are those to do business with and those not to do business with.”
Since school systems are so important to buyers, Bean wanted the Realtors to know that after a hefty fight, the legislature has allocated more money to the Nassau County school system.
“Nassau County got an additional four percent in terms of education funding which is almost $4 million,” he said. “We also brought the state of Florida, Florida Community College of Jacksonville and local school board together and tri-funded to invest in a joint use technical center at FCCJ in Yulee where all high schools can share in that resource.”
On the outside of real estate, Aaron discussed some bills that many already thought were laws.
“We just passed a law this year that makes it mandatory that all public classrooms in the state of Florida will have an American flag,” said Bean. “We made it against the law to beat up a referee at a high school sporting event. Also, today there are all kinds of devices that can take your picture. When you give people technology like that they can do some bad stuff with it.”
He said they heard from some people who had their photo taken in places they didn’t want them taken. The photos were put on the Internet and the perpetrators profited from them. “That is also something we have outlawed,” he said.