The Office of the Condominium Ombudsman is an office of the Division of Florida Condominiums, Timeshares, and Mobile Homes (“Division”) of the Department of Business and Professional Regulation (“DBPR”). The Ombudsman is a bureau chief of the Division, is appointed by the DBPR’s Secretary, and serves at the pleasure of the Governor.
The Ombudsman is intended to act as a neutral resource for Condominium Unit Owners, Associations, and Board Members. Section 718.5012 of Florida’s Condominium Act (the “Act”) provides that the Ombudsman has the powers necessary to carry out the duties of his or her office, including but not limited to, the following:
- Acting as a liaison between the Division, Unit Owners, Boards of Directors, Board members, Community Association Managers, and other affected parties, and encouraging and facilitating voluntary meetings between those parties to resolve disputes before a person submits a dispute for a formal or administrative remedy.
- Developing policies and procedures to assist those parties in understanding their rights and responsibilities under the Act and the Condominium Documents governing their respective Association.
- Coordinating and assisting in the preparation and adoption of educational and reference materials.
- Assisting with the resolution of disputes between Unit Owners and the Association or between Unit Owners when the dispute is not within the jurisdiction of the Division to resolve.
- Making recommendations for legislation related to the Division procedures, rules, jurisdiction, personnel, and functions.
- Making 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.
- Monitoring and reviewing procedures and disputes concerning condominium elections or meetings including reviewing secret ballots cast at a vote of the Association and recommending that the Division pursue enforcement where there is reasonable cause to believe that election misconduct has occurred.
- Appointing election monitors to attend the Annual Meeting of the Unit Owners and conduct the election of Directors.
Section 718.5012(10) of Florida’s Condominium Act provides that 15% of the total voting interests in a condominium association, or six Unit Owners–whichever is greater–may petition the Ombudsman to appoint an election monitor to attend the Annual Meeting of the Unit Owners and conduct the election of directors. In our experience, the role of an election monitor can vary widely depending on the situation so your Association should still be prepared to conduct its election even if an election monitor will be attending.
For more information regarding the role, duty, and powers of Florida’s Condominium Ombudsman, we welcome you to listen to Becker Shareholder, Donna DiMaggio Berger’s, “Take it to the Board” podcast episode “Import Insights from Florida’s Former Condominium Ombudsman” with Spencer Hennings, who served as Ombudsman from 2020 until 2023, and is available for subscription on iTunes, Amazon Music, Spotify, or listening through any podcast streaming app. It is also available here.
