The AARP today is calling for a "bill of rights" for persons who live in a community association.  These "rights" include the rights to settle disputes outside of the courtroom, and the right to be free from foreclosures over "minor items." 

At least in Florida, the AARP is simply too late.  The Florida legislature and the courts have done a great job in providing unit owners a plethora of rights inluding but not limited to:

a)    access to virtually all association records;

b)    the ability to have your dispute settled outside the courtroom, through either mediation or arbitration;

c)    the right to attend and speak at all Board meetings;

d)     the right to "recall" members of the Board;

e)     the right to adopt alternative budgets;

f)       protection from losing your homestead property for failure to pay the association's attorney's fees in       a non foreclosure case. 

Any attempts to prevent foreclosures of units for failure to pay maintenance assessments is simply wrong and not in the best interest of the association.  Each day this office hears complaints from associations that insurance rates are rising and money is tighter than ever.  Budgets need to be increased and every dime must be collected and accounted for.  The only "teeth" the association has in collecting their assessments is the threat of foreclosure.  The Florida legislature has recognized the importance of the association having the ability to foreclose and has repeatedly opted to reject any attempt to restrict an association's rights in this regard.

If the AARP is concerned about a nationwide "bill of rights" for unit owners in associations, perhaps the should look to Florida as a model for all of the other states to follow.

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