Post by Admin on Feb 13, 2017 11:44:13 GMT -5
Here is a prominent attorney's comments (or lack thereof) on the just-released Grand Jury Report from Miami-Dade on the agency charged with "protecting consumers" interests:
Unfortunately, nothing in this report surprised me.
The 4 areas of greatest concern are:
1- Access to business and financial records
The Grand Jury recommends that the cloak of immunity provided by CID's to directors who fail to provide records requested be change to provide PERSONAL liability for their actions ie the Association will not pay owner money to defend a director who breaches the duty AND will be charged with a 3rd degree felony.
2- Management -Conflicts of Interest--
The Grand Jury was shocked at the lack of ethics rampant among board members who enrich themselves on the backs of owners through their positions. It recommends that the statute permitting officers to be amended to exclude the current allowances of FS617.0832.
Further, the Grand Jury identified several areas of abuse by Management Companies ('s) who habitually contracted with "preferred" vendors, charging inflated prices to the Association and enriching their coffers. It also identified election abuses by Management Companies who protected certain preferred directorship offices. The Grand Jury recommended that 's must disclose any relationships with all vendors to Association Members and, that any services requiring a contract must be voted on by directors after securing 3 bids for the service. The voting will be done at a board meeting with owners in attendance.
3-Lack of Enforcement by Dept Business and Professional Regulation (DBPR)
The Grand Jury was shocked that the General Counsel for the DBPR was not cooperative with the grand jury investigation and cH allenged both its jurisdiction and authority to conduct an investigation. The Grand Jury had no choice but to issue supoenas. State employees who testified were accompanied by lawyers from Tallahassee and their testimony was described as "guarded and strained".
The Grand Jury focused on one of the DBPR's two units--the Bureau of Compliance ensures compliance with statutes and administrative laws and regulates CAM's. It investigates consumer complaints. Condo parcels each pay $4/yr for the service. The Grand Jury described the lack of investigative integrity of the DPBR as "breathtaking" and their only activity was to screen out complaints.
4- Fraud in the Election Process
The Grand Jury described the fraud in elections as outrageous, including double-voting, fraudulent notarization by 's notary and forged signatures. The Grand Jury recommended that anyone--director, officer, CAM, Management company, attorneys, owners ANYONE who is found tampering with elections and ballot materials be subject to prosecution of a 3rd degree felony. It further recommends authorizing more power to election monitors and restoration of state certification of election monitors.
The Grand Jury's overall recommendation is the CID enforcement be removed from the DBPR and a new department be created specifically for CID's, created with authority to enforce and staffed with competent investigators.
The really shocking aspect of all of this is that the Florida House of Representative Final Report of the Select Committee conducted in 2008 identified the exact same deficiencies in the operation of the DBPR!
MIAMI-DADE GRAND JURY DESTROYS THE DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
By Eric Glazer, Esq.
Published February 13, 2017
For those of you old enough to remember Game 6 of the 1986 World Series, when the ball went through Buckner’s legs, the great announcer Vin Scully remained silent for over two minutes, even though he was broadcasting live on TV. He realized that his own words and commentary couldn’t take the place of what was simply on the screen.
Today, I’m doing the same. Last week, a Grand Jury in Miami-Dade issued a scathing report regarding the failure of the DBPR to protect condominium owners throughout the state. It’s a little lengthy, but if you live in a condominium YOU MUST READ IT.>>>>Miami-Dade Grand Jury Report
By Eric Glazer, Esq.
Published February 13, 2017
For those of you old enough to remember Game 6 of the 1986 World Series, when the ball went through Buckner’s legs, the great announcer Vin Scully remained silent for over two minutes, even though he was broadcasting live on TV. He realized that his own words and commentary couldn’t take the place of what was simply on the screen.
Today, I’m doing the same. Last week, a Grand Jury in Miami-Dade issued a scathing report regarding the failure of the DBPR to protect condominium owners throughout the state. It’s a little lengthy, but if you live in a condominium YOU MUST READ IT.>>>>Miami-Dade Grand Jury Report
The 4 areas of greatest concern are:
1- Access to business and financial records
The Grand Jury recommends that the cloak of immunity provided by CID's to directors who fail to provide records requested be change to provide PERSONAL liability for their actions ie the Association will not pay owner money to defend a director who breaches the duty AND will be charged with a 3rd degree felony.
2- Management -Conflicts of Interest--
The Grand Jury was shocked at the lack of ethics rampant among board members who enrich themselves on the backs of owners through their positions. It recommends that the statute permitting officers to be amended to exclude the current allowances of FS617.0832.
Further, the Grand Jury identified several areas of abuse by Management Companies ('s) who habitually contracted with "preferred" vendors, charging inflated prices to the Association and enriching their coffers. It also identified election abuses by Management Companies who protected certain preferred directorship offices. The Grand Jury recommended that 's must disclose any relationships with all vendors to Association Members and, that any services requiring a contract must be voted on by directors after securing 3 bids for the service. The voting will be done at a board meeting with owners in attendance.
3-Lack of Enforcement by Dept Business and Professional Regulation (DBPR)
The Grand Jury was shocked that the General Counsel for the DBPR was not cooperative with the grand jury investigation and cH allenged both its jurisdiction and authority to conduct an investigation. The Grand Jury had no choice but to issue supoenas. State employees who testified were accompanied by lawyers from Tallahassee and their testimony was described as "guarded and strained".
The Grand Jury focused on one of the DBPR's two units--the Bureau of Compliance ensures compliance with statutes and administrative laws and regulates CAM's. It investigates consumer complaints. Condo parcels each pay $4/yr for the service. The Grand Jury described the lack of investigative integrity of the DPBR as "breathtaking" and their only activity was to screen out complaints.
4- Fraud in the Election Process
The Grand Jury described the fraud in elections as outrageous, including double-voting, fraudulent notarization by 's notary and forged signatures. The Grand Jury recommended that anyone--director, officer, CAM, Management company, attorneys, owners ANYONE who is found tampering with elections and ballot materials be subject to prosecution of a 3rd degree felony. It further recommends authorizing more power to election monitors and restoration of state certification of election monitors.
The Grand Jury's overall recommendation is the CID enforcement be removed from the DBPR and a new department be created specifically for CID's, created with authority to enforce and staffed with competent investigators.
The really shocking aspect of all of this is that the Florida House of Representative Final Report of the Select Committee conducted in 2008 identified the exact same deficiencies in the operation of the DBPR!