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GMCA goes to Tallahassee

In addition to important local issues, the Galt Mile shares concerns with Condominium Associations across the state. During the Florida Legislature�s 2004 Special Session for Hurricane Issues called on December 13^th, alarming deficiencies in the Condominium Act became apparent. The $20 billion cost of the catastrophic season is threatening to send insurance costs through the roof and/or insurance companies to pull up stakes and abandon the Florida market. Condominiums devastated by the damage were surprised to find their hands tied when they attempted to effect emergency repairs. The 4-hurricane wake-up call alerted authorities to the critical need to enact statutory guidance for Associations trying to survive disasters.

In 2002, the legislature passed a law requiring the retrofitting of existing condominiums with a questionably effective and extremely expensive sprrinkler system. In view of the improvements in fire safety technology and the availability of resulting �smart systems�, we will propose this to legislators as a clear improvement over the existing requirements. Alternatively, we'll seek to extend the current 2014 compliance date to install either a full or partial sprinkler retrofit until 2020.

Every democratic institution constantly struggles to balance the rights of its members with institutional objectives. Every year, legislators consider ways to refine the �Condominium Act� and the �Cooperative Act� (Chapters 718 and 719 of the Florida Statutes), the laws that govern this balance. If regulations created to improve the way neighbors treat one another aren�t carefully crafted, they do more harm than good. Any proposal worthy of support requires a balance of everyone�s rights with each individual owner�s rights. Last year, several politically motivated bills damaging to condo owners were cynically �spun� by supporters as �empowering to condo owners�.

The Galt Mile Community Association carefully monitors those proposals deemed detrimental to the maintenance, operation or administration of community associations and the rights of condo owners. Of concern are proposals which make board service too great a burden or diminish the pool of those eligible to volunteer and serve on the board by unconstitutionally disenfranchising certain owners. We oppose proposals which harm the ability of an association to consistently and effectively collect assessments necessary to fund essential community services and proposals which unnecessarily increase the cost of administering and operating the community - hiking maintenance costs. These types of radical proposals harm community association residents and the real property value of their homes and communities.

Florida is already nationally recognized as a �debtor�s paradise�. There are proposals being promoted that limit or ban the ability of associations to lien and foreclose to collect delinquent assessments. Since the Associations expenses still have to be paid, every other member�s assessment is increased to cover the scofflaw�s unpaid debt. This is unacceptable. No homeowner should be legally forced to pay their neighbor�s debts!

Two years ago, the Galt Mile Community Association sent a contingent of residents to appear at a meeting of the Florida Cabinet to express concern for our disappearing beaches. Their efforts resulted in the Galt Mile�s inclusion in the upcoming beach renourishment. We once again find ourselves at a crossroads. Along with CALL (Community Association Leadership Lobby), condominium owners from across the state intend to apprise our officials in Tallahassee of our urgent concerns. The Community Association Leadership Lobby (CALL) is the leading organization working to enhance the quality of life and protect property values for Florida�s community association residents. CALL advocates on behalf of more than 4,000 member communities, including condominiums, homeowners� associations, mobile home communities and cooperatives throughout the state.

Please contact your building office to learn more about CA Day. All residents and board members are invited to join your neighbors in support of your community, your Association and your way of life. We are asking for your personal participation to insure that our state legislators - Senators and Representatives - understand the gravity of our concerns and the depth of our conviction. Volume discounts will minimize the costs of transportation (flight), lodging and meals. Our intent is to fly to Tallahassee on March 29, 2005 and return in the late evening of the following day. Of course you may arrange your own transportation and lodging. The importance of your presence in Tallahassee cannot be overstated! For additional information, call Donna Berger at 1-800-432-7712 or email her at [email protected]. Click Here to access the CALL web site. Click Here to review CALL's 2005 legislative goals.

To impact the legislative process without leaving your home, simply follow the legislative histories of the bills that affect us. Send emails to the members of the various committees that are responsible for reviewing the bills. Tell them your opinion. They will vote according to the input they receive from interested parties...like you! Click Here to follow the legislative history of HB 1229, the Condo Killer Bill. Click Here to follow the legislative history of SB 2632, Senator Siplin�s bill designed to destroy an Association�s operational underpinnings.

GALT MILE RESIDENTS JOIN OTHER BROWARD HOMEOWNERS TO APPRISE STATE OFFICIALS OF THEIR CONCERNS

March 31, 2005 - On Wednesday, March 30^th at 6:00 AM, 21 Galt Mile residents met at Fort Lauderdale International Airport to board a flight to Tallahassee. Altogether, over 100 condominium owners from Broward and Palm Beach Counties prepared to join another 200 homeowners from all over Florida in the State Capitol. Rose Guttman, Terry Cook and Bob Krevy from the ocean club condominium looked around the ATA counter for familiar faces. Marty and Shelly Glazer from Southpoint and Galleon resident Vini Persiani patiently waited on line as Dott Nicholson-Brown, Louise Collins, Fern McBride and Eric Peter Berkowitz from Regency Tower entered Terminal 3. Regency Tower resident Howard Hirschman shared a taxi to the airport with Ocean Summit residents Dr. Jim Comis, Russell Bailey, and Martha Bruno. Lorraine Alfano from L�Hermitage snapped pictures of the Galt Mile contingent as they waited to clear security. The Galt Ocean Club�s Pio Ieraci discussed the premise for our pre-dawn gathering with residents and board volunteers from Galt Towers, the Riviera, Coral Ridge Towers and other Galt Mile Associations. Along with condo owners from Miramar, Plantation, Margate, Delray and Boca, they all anxiously anticipated participating in the impending Community Association Day event in the State Capitol.

CALL Director DONNA BERGER Accompanies Condo Owners (Galt Resident PIO IERACI Discusses Issues Across Aisle)

Organized with the help of the Community Association Leadership Lobby (CALL), Community Association Day promised to be an enlightening albeit exigent experience. Far from a pleasurable trek through the halls of State government, over 300 homeowners journeyed to the Capitol because their way of life is once again being threatened. Residents took time off from their jobs and various commitments to join hundreds of other condominium owners from around the state. Together with homeowners from Naples, Jacksonville, Orlando, the Sun, Space and Gold Coasts, Pensacola, Miami, St. Petersburg and many other areas, they converged on Tallahassee by bus, automobile and plane to communicate their concerns and those of their neighbors to their political representatives.

The group expected to accomplish multiple objectives. They intended to clarify to their elected officials that claims made by a self-serving political coalition about �condo problems� were creative distortions. The legislative �answers� proposed by this coalition were designed to destabilize Association operations, skyrocket maintenance expense, dismantle the condominium system throughout the state and replace self-governance with government controls. They also went to demonstrate their universal opposition to the recent profusion of skewed legislation by this anti-association lobby and their minions in the Statehouse. They arrived �en masse� to make clear that the purveyors of the �Condo Killer� bills spoke only for themselves, not the �silent majority� of homeowners throughout Florida. Their message was that they were capable of governing their own homes.

Representative Ellyn Bogdanoff

Upon arriving at the Capitol, the various condo owners sought to visit their respective elected officials. At 10 AM, Galt Mile residents met with Statehouse Representative Ellyn Bogdanoff to discuss two bills currently filed in the legislature, HB 1229 in the House and SB 2632 in the Senate. Fortunately, our Representative was already familiar with the dangers inherent in the legislation. She described HB 1229�s attempt to mandate onerous reserve requirements, unnecessary costly audits and obstacles designed to deter board participation by homeowners as clearly harmful to her constituents. She opined that every representative with substantial condominium constituencies would share her concerns about the bills. Fort Lauderdale City Commissioners Christine Teel and Carleton Moore joined the group to help underscore their concerns.

Senator Jeffrey (Jeff) H. Atwater

Later in the morning, Galt Mile residents met with Senator Jeffrey Atwater to discuss the bills� consequences. Bob Krevy of Ocean Club gave Senator Atwater documentation taken from the Galt Mile web site (sourced from the House and Senate web sites) to illustrate the group�s trepidations. As described in the House of Representatives Staff Analysis of HB 1229, �The Legislature recognizes that it is not in the best interest of homeowners� associations or the individual association members thereof to create or impose a bureau or other agency of state government to regulate the affairs of homeowners� associations. This bill arguably creates a �bureau or other agency... to regulate the affairs of homeowners� associations.�� In addition to the faulty premise upon which the bill was constructed, the Senator recognized the devastating consequences ignored by the legislation and the suspicious disconnect between the bill�s actual language and its stated objectives.

Senator Atwater has had some direct experience with the group behind this bill. He also has a unique insight into the needs of Associations and the real problems facing their members. Senator Atwater sponsored SB 2984, a progressive Homeowner Association bill that passed last year in response to the findings of Governor Bush�s Homeowners Association Task Force. Last year, a few of Mr. Robaina�s �Cybers� joined some pickets provided by SEIU to demonstrate outside the Senator�s Palm Beach office. Financed by Local 11 in Miami, a union trying to organize condominium employees, the demonstrators demanded that the Senator include regulations in his legislation that were overwhelmingly voted down by the Governor�s Task Force. He naturally refused to accept provisions designed to hurt the same people that his bill was created to help. The Senator also exhorted that the tremendous cost being placed on Association members by Representative Julio Robaina�s HB 1229 would further �deter many legislators from supporting the bill.�

Senator Atwater then focused on Senator Gary Siplin�s SB 2632, a bill seeking to severely limit or eliminate an association�s right to lien or foreclose when members ignore their financial responsibility. Acknowledging that these were the only tools available to Associations to deter delinquencies, he confirmed that the bill�s effect was tantamount to eliminating an Association�s ability to collect the funds required to operate. The subsequent financial �train wreck� would destroy thousands of Associations across the State, hurting millions of homeowners.

Ocean Summit's MARTHA BRUNO, DR. JIM COMIS and RUSSELL BAILEY and Regency Tower's LOUISE COLLINS Discuss the Bills with Legislators

Galt Ocean Club resident Pio Ieraci informed the Senator about an article written by a well known banking official that illustrated another danger. In standard mortgage application procedures, the lender sends an inquiry to the condo about its solvency and the number of �unpaid� assessments carried by the Association. If the balance sheet demonstrates that their mortgage loan will be insufficiently collateralized due to the Association�s inability to collect its required resources, the mortgage is refused. Mr. Ieraci repeated the banker�s contention that, �passage of this bill will undermine the current basis for lenders to provide mortgages for condo ownership.� Regency Tower resident Eric Berkowitz added that, �when individual owners don�t pay their obligations, the condo still must pay its bills. The resulting shortfall must then be paid by the delinquent�s neighbors, thereby forcing an �unfunded mandate� on every other homeowner in the Association.� Senator Atwater responded, �A bill designed to protect deadbeats to the detriment of everyone else is clearly unworkable.�

RIVER REACH Condominium Residents Confront Representative ROBAINA about his Controversial Bill

As part of the outreach effort, the homeowners filtered through the Capitol seeking to alert legislators to their concerns. A group of condo owners from River Reach Condominium in Fort Lauderdale sought Representative Robaina to confront the legislator with their objections to his "counterproductive" bills. River Reach is also the home of Condominium Ombudsman Virgil Rizzo. Prior to his appointment as the State's top Condo mediator, he engineered a lawsuit against his Board for "mishandling condominium investments". The Association members rallied around their Board and countered with a libel suit. After Rizzo's appointment, a large contingent of River Reach owners met with reporters to question the wisdom of enstating such a disruptive influence as the State's top "dialogue facilitator". Upon finding Robaina, they took the opportunity to inquire about this suspicious appointment as well as questioning him about contradictions posed by HB 1229.

Rep. Leslie Waters

During the afternoon, all 300 residents wearing white tee shirts displaying �Community Association Day� in red letters met in the House chamber to hear several House members explain how the institution operates. Representative Leslie Waters of St. Petersburg, currently the Speaker pro tempore of the Florida House of Representatives, explained that the Speaker pro tempore does �whatever the Speaker wants.� Pointing out the portraits of past Speakers that encircle the chamber, she predicted that, �the day will soon come that a woman will occupy the Speaker�s post.�

Representative Dudley Goodlette

Representative Dudley Goodlette of Naples followed Ms. Waters. Representative Goodlette addressed last year�s �Condo Killer� bills. He recounted the demise of the ill-fated legislation as the session drew to a close. Ultimately, he voted for a bill that was heavily favorable to condo owners, despite containing some controversial remnants of the original Condo Killer language. When a Margate condo owner asked why he voted for the bill, he explained that, �bills often contain positive and negative aspects. Any responsible legislator will carefully weigh the advantages and disadvantages before deciding whether or not it is deserving of support.� He expanded, �If every legislator voted against every bill that contained something that they didn�t agree with, nothing would ever get passed.� Despite the last-minute inclusion of a few controversial provisions, the final versions of SB 1184 and SB 2984 clearly helped condo owners.

REP. FRANK FARKAS ADDRESSES CONDO ISSUES

They protected associations that installed defibrillators from civil liability. They also made it easier for condos wishing to �opt out� of retrofitting their premises with an expensive sprinkler system. When HB 1229 was brought up, Mr. Goodlette respectfully declined to comment on the bill before discussing it with the bill�s sponsors, adhering to �appropriate legislative protocol�. Goodlette also offered valuable insight into how constituents should contact their representatives about their concerns. He strongly advocates using email for this purpose, stating that most legislators check their email often and respond more quickly to emails than to telephone calls. He gives weight to emails that contain personal perspectives of issues. However, when he receives a plethora of identical emails, he simply deletes them! Goodlette has repeatedly proven himself as a valuable ally of condo owners.

Condo Owners Occupy their Representatives Seats as State Officials Speak in the House Chamber

Other legislators and state officials that enlightened the group were Senator Bill Posey, Representative Frank Farkas, CFO Tom Gallagher�s assistant Lisa Miller (introduced by Peter Dunbar, author of the �Condominium Concept� in its 9th Edition) and Advisory Council on Condominiums Chair Joe Adams. Earlier, Senator Walter �Skip� Campbell urged support of SB 2062, a bill that really does help condo owners. The disastrous hurricane season illustrated serious deficiencies in the Condominium Act. Some condominiums that sustained severe damage from the storms were unable to effectively respond to the catastrophe.

SENATOR WALTER CAMPBELL EXPLAINS SB 2062

The Associations� boards weren�t equipt with sufficient authority to protect the premises or effect the emergency repairs required to restore the premises to a safe condition. The �notice� required by law prior to a board meeting would be waived, allowing for an emergency meeting to respond to a declared catastrophe. During the hurricanes, hundreds of balcony doors, windows and hurricane shutters were blown off the buildings along the Galt Mile. The bill would permit entry into the affected units to secure them and/or effect repairs to prevent further damage. The bill would also permit the board to implement a disaster plan prior to, during, or after a catastrophic event, including shutting down elevators, electricity, water, sewer, security systems, or air conditioners. In addition to adequately enlarging board powers and flexibility in the event of a catastrophe, Campbell�s bill would extend the time by which a Condominium Association that has �opted out� of a full sprinkler retrofit must install sprinklers into common areas of a high rise condominium from the current 2014 to 2020. Representative Frank Farkas is sponsoring a companion bill in the House of Representatives, HB 1593, to provide this important relief.

GALT MILE RESIDENTS MADE A DIFFERENCE IN TALLAHASSEE

Upon returning to Fort Lauderdale, the travelers shared a sense of accomplishment, having expended their time, effort and resources to promote their beliefs. Every resident fought to protect their home and those of their friends and neighbors. While the exigencies of a sixteen-hour ordeal precluded many of our residents from participating in the event, those that went earned the uncontested support, respect and admiration of their neighbors. For defending the rights of homeowners to self-governance, they are nothing less than community heroes. In addition to appreciation by their neighbors, they deserve the gratitude of condo owners throughout the State of Florida!

The travelers were also rewarded with responses from their legislators that were overwhelmingly positive. Senators and Representatives universally expressed gratitude to their visitors from �back home� for providing them with guidance as to how they should apply their votes. After declaring their appreciation, Representative Bogdanoff and Senator Atwater requested that the visitors continue to provide them with similar guidance as the session progresses. In addition to discussing their reservations about the current destructive bills, the condo owners emphasized their opposition to the recent blizzard of irresponsible legislation based solely on anecdotal assertions. Reacting to the unequivocal objections raised by the visiting homeowners, the Condominium Advisory Council voted on March 31^st (the following day) to NOT support Representative Robaina�s HB 1229 in its current form! This is a step in the right direction. Apparently, the voices of condo owners are finally being heard!

CONDO OMBUDSMAN VIRGIL RIZZO

March 1, 2005 - Dr. Virgil Rizzo is the Condominium Ombudsman. The 67 year-old attorney - retired physician was appointed by Governor Bush on December 3, 2004. His responsibility is to mediate conflicts. Specifically, conflicts between condo owners, board members, Associations, Managers, etc. If an owner has a problem with the Board, they can call him. If a Condo Board has a problem with an owner, they can call him. If a Board member has a problem with another Board member, Rizzo is available. He is supposed to be a neutral dialogue facilitator. He is supposed to hear the facts surrounding an issue and apply the law; his mandate is to serve as a fair and impartial mediator. On January 28^th, Rizzo attended a meeting in Dania Beach. Unfortunately, Dr. Rizzo has made certain statements implying a lack of conversancy with the real problems facing condominiums. Mr. Ombudsman stated that he will be making a recommendation to the Legislature that every condominium association in the State of Florida needs to have the same set of Bylaws and the same Declaration of Condominium.

Apparently it is irrelevant if you live in a small 4-unit condominium conversion or a huge 2000-unit condominium community; not important if you live in a timeshare condominium, mobile home condominium, commercial condominium, mixed-use condominium or a basic Chapter 718 (standard) condominium. Obviously, this would also deftly remove a basic right that condo owners now enjoy; the right to set rules pertinent to their unique problems. Rules about parking, rules for appropriate security, rules that maintain the physical premises, elevator use restrictions, rules governing noise - if it�s not in his �standard� set of Condo Documents - it doesn�t exist - even if every owner in the building wants it.

This isn�t simply a threat to majority rule; it�s an effort to do away with any form of self-governance. The decisions about your home would pass from you to Tallahassee. Instead of being decided by elected representatives, conflicts not addressed in the boilerplate Condo Docs - from security and maintenance issues to late-night construction - will all wind up in the courts. Condominiums would operate like public housing. Enactment of the Ombudsman�s idea would deter any sane person from purchasing a condo unit. The value of existing units would be reduced to the value of their furnishings. A strange proposal from a �fair and impartial mediator.�

RIVER REACH CONDOMINIUM

Ombudsman Rizzo carries some baggage that some feel should have precluded Governor Bush from selecting him to fill the office. Dr. Rizzo lives in a riverfront condominium complex in Southwest Fort Lauderdale called River Reach. A few years ago he filed a suit against the Association�s Board of Directors, claiming that they mishandled condominium investments. Condominium residents coalesced in support of their board and countered by filing a libel suit against the Ombudsman. To avoid the appearance of a conflict of interest, Rizzo stepped aside as the litigation�s main catalyst. Fifteen of Dr. Rizzo�s neighbors met with reporters after his appointment, questioning his qualifications to lead the State�s condominium mediation efforts. Neal Ketcher, a retired airline pilot who has lived in River Reach for 33 years, surmised, �It strikes me that someone who has created such disruption, confusion and distrust in his own condominium . . . should not be allowed to do the same at other condominiums.�

While the Ombudsman has made some disconcerting remarks that serve to arouse suspicion about his real agenda, opining about that agenda seems premature. He is new to the job. The job itself, at least in its present incarnation, is also new. The resources made available to him to accomplish his uncertain agenda are, in his opinion, inadequate. Additionally, when certain individuals are elevated into a position of power, a strange political phenomenon occurs. As exemplified by the overnight �moderation� sometimes experienced by some newly appointed Judges to the Supreme Court, past behavior ceases to be an indicator of how the individual will treat his/her new responsibility. For these, and other, reasons, it seems only fair to continue observing Dr. Rizzo and reserve judgment about his efficacy. Should you have questions for your new Ombudsman, please email Dr. Rizzo at [email protected] or call at 1-(850)-922-7671, Fax: 1-(850)-921-5446. His address in the State Capitol is 1940 N. Monroe Street, Tallahassee, FL 32399.

March 7, 2005 - Last year, condominium owners throughout the State of Florida narrowly dodged a legislative attempt to disabuse them of the right to govern themselves. The legislation was �spun� by proponents as �the people�s bill� and promised �empowerment� to condo owners. Much to the chagrin of those it was supposedly designed to help, it revealed itself as a poorly drawn set of proposals that brazenly punished people living in condominiums. When the legislation�s deficiencies were obviated during its review by various House and Senate Committees, it became known as the �Condo Killer� bills. Perplexingly, the bills' sponsors flatly refused to fix the damaging provisions, clouding their motives and suggesting an ulterior agenda. The bills� supporters, after blaming their product�s defeat on the �na�vety� of condo owners, promised to reintroduce the damaging bills �again next year.�

The lives of condo owners are once again threatened by a political coalition with a specific agenda. The public face of the coalition is a small collection of disgruntled condo owners who weren�t satisfied with decisions made by their respective Boards. In response, the �Cyber Citizens for Justice� adopted a scorched earth policy; if they couldn�t control their condos, nobody would. Their intention is to dismantle the Condominium system in Florida. Their methodology is to regulate it into oblivion. To accomplish this end, they�ve assembled several key ingredients.

REP. JULIO ROBAINA

To create �regulations�, they�ve allied themselves with certain legislators in Tallahassee. The St. Augustine-based �Cybers� enlisted the aid of second-year Miami Representative Julio Robaina to compose legislation designed to dismantle Florida�s condo system. During the 2004 legislative session, Robaina and several other Miami legislators sponsored a bill laden with assorted provisions to disenfranchise hundreds of thousands of condo owners, stultify self-governance, engender senseless litigation and cripple every Association�s daily operations. Upon being told that she would be �empowering condo owners�, Senator Evelyn Lynn agreed to sponsor the companion bill in the Florida Senate. However, after reviewing the actual wording and realizing that the bill was actually an attack on the rights of condo owners, she withdrew her sponsorship. Left without a Senate supporter, Robaina turned to fellow Miami legislator, Senator Rudy Garcia, to carry the ball. Thousands of condo owners objected to this unconstitutional attack on their rights by contacting their representatives to overturn these damaging provisions. Although the dangerous provisions were excised from the bill, Robaina promised to renew his attack on the rights of condo owners during the next legislative session.

SEIU Local 11 Deputy Director HIRAM RUIZ and State Rep JULIO ROBAINA AT "STATE SPONSORED" Town Hall Meeting (ACTUALLY ORGANIZED BY SEIU's CLEANCONDOS.ORG)

The group also needed financing and media access. For this, they turned to a local union looking for new business opportunities. SEIU (Service Employees International Union) is a national union that represents building service employees and health care workers. The Building Services component represents janitors, doormen, reception personnel, maintenance workers, housekeeping personnel, etc., employed in hotels, apartment buildings, stadiums, private parks, etc. A Miami local of SEIU, Local 11, perceived condominiums as a fertile untapped source of new revenues. For years, the union has unsuccessfully attempted to organize anyone working in private homes. Their campaign to organize Homeowner Associations, Neighborhood Associations and, above all, Condominium Associations, has also yielded disappointing results. Their problem is simple; to organize a condominium, they need to be invited in by disaffected employees. The vast majority of condominiums have good relations with their employees. Quiescent, well-run condominiums are anathema to the union. Without dissention, the union is precluded from the opportunity to add $millions in prospective �dues� to the maintenance assessments of targeted condominium owners.

Senator Jeffrey (Jeff) H. Atwater

By way of investment, SEIU made a contribution to the campaign coffers of Julio Robaina on June 27, 2003 to help emplace him into office. They also arranged several �Cyber� demonstrations and meetings. They engineered a demonstration at the office of Senator Jeffrey Atwater, the sponsor of a 2004 Homeowner Association bill (SB 2984) in the Senate. Senator Atwater�s bill was consistent with Governor Bush�s objectives, to make Homeowner Associations more responsive to their membership. The demonstrators, a combination of SEIU members and �Cybers�, picketed the Senator�s office. They protested his bill as inadequate because it didn�t conform to Robaina�s radical notion of placing all Associations under the jurisdiction of a prosecutorial Ombudsman with wartime-style search and seizure powers. Wanting no part of the group�s attempt to disenfranchise condo owners, Senator Atwater refused to comply with their demands. The feudal-style bounty hunter Robaina envisioned was ultimately modified by the legislature into an impartial mediator. Since a �neutral� Ombudsman would be insufficient to foment the dissonant environment that SEIU needed to get their foot in the door, Robaina committed to reviving his assault on condominiums during the 2005 legislative session. Representative Robaina said, �I am accepting what they have given us because that�s how it works in the legislature, but I�m coming back with it next year with a complete rewrite.� As a reward, SEIU made another payment to his campaign on July 16, 2004, eight months AFTER he was elected.

Several Miami legislators that participated in the group�s machinations had another incentive. Representatives Juan Zapata and Gustavo Barreiro both own condominiums. Apparently, both of them neglected to pay legal assessments due on their units. Their Associations, fulfilling their fiduciary responsibility to protect its members from having to �carry� those who don�t pay their obligations, took action. Perhaps the legislators felt that they were entitled to special treatment because they were Florida State Representatives. Their Associations did not. The East Atlantic Gardens Condominium placed a lien against Barreiro�s unit on May 29, 2003 after he was legally notified on April 22^nd that his $595 maintenance payment was past due. Barreiro claims that he was away in Tallahassee at the annual legislative session when he missed his maintenance obligation. The session was over on April 30^th and he wasn�t liened until May 29^th, a month later. Juan C. Zapata neglected to pay monthly maintenance for his unit at Elan at Calusa Condominium from June through October, 1989, in the amount of $181. He claimed that the Association was sending his bills to the wrong address. Is it possible he forgot that he owned a condominium for five months until they filed a lien?

Representative Ellyn Bogdanoff

The legislators might have found a more appropriate way to exact revenge on their Associations for expecting them to pay their bills. To dismantle the entire Condominium Association system in the State of Florida and place 1.1 million condo owners at risk is a severe response to an embarrassment that they brought on themselves. Enlisting the aid of their friends in the legislature to accomplish payback is an abject abuse of their position and the power that accompanies it.

Noting that support for the legislation was limited to certain Miami legislators, Representative Ellyn Bogdanoff speculated that their participation was possibly in response to a problem indigenous to some Miami condominiums that may have behaved inappropriately. However, she professed confusion about why they would attempt to perpetrate their punitive �cure� on all condominiums throughout the State. To disallow self-governance for over a million condominium owners to correct a possible local abuse seemed wildly excessive.

Not surprisingly, SEIU made a �campaign� contribution to Juan Zapata on October 28, 2004 (eleven months after his election), following his support of the ill-fated �Condo Killer� bills. Incidentally, on August 17, 2004, Ombudsman Virgil Rizzo also contributed to Zapata�s campaign. SEIU didn�t overlook Representative Barriero�s help with their agenda, contributing to his campaign on July 16, 2004. As is often the case in Tallahassee, you can�t tell the players without a scorecard.

SENATOR GARY SIPLIN

We had hoped that many of the worrisome issues would have been responsibly reviewed and effectively refined to meet their stated objectives without the disastrous repercussions that plagued last year�s legislative efforts. As this would have likely aligned universal support for the legislation, we incorrectly assumed it to be a �no-brainer�. Unfortunately, our suspicions were recently justified. On February 28^th, Representative Robaina filed House Bill HB 1229. It is a disorganized attempt to rewrite many of the provisions of Chapters 718 (The Condominium Act), 719 (The Cooperative Act) and 720 (Homeowners Associations). Consistent with last year�s poorly drafted �Condo Killer� products, the new version is 106 pages of ambiguous, confusing provisions. By way of example, the bill states, �Residents with disabilities shall not park in a disabled guest parking space unless their assigned parking space is in use illegally.� As each Association has different parking regulations that vary according to their size, layout, space position and space availability, this provision is unintelligible. The entire bill is laden with provisions that are either incomplete, unworkable, financially onerous or dangerous.

On March 8^th, Senator Gary Siplin filed Senate Bill SB 2632, seeking to severely limit or eliminate an association�s right to lien or foreclose when members ignore their financial responsibility. This will seriously interfere with an Association�s ability to pay its expenses. Florida is already infamously reputed as a debtor�s paradise. When Association members don�t pay their obligations, it acts as an unfunded mandate on every other member. The condo has to pay its bills whether or not the individual members pay theirs - forcing the scofflaw�s neighbors to make up the resulting shortfall. It is unconscionable to legally force homeowners to pay their neighbor�s debts!

A strange contradiction surrounds the legislation. Last year, the legislation�s supporters frantically accused the Division of Florida Land Sales, Condominiums, and Mobile Homes of gross inefficiency bordering on criminal neglect. This was the basis for their demanding an �Ombudsman� to perform the functions already ascribed to the Division. Their rationale for forcing us to fund two entities doing the same job was simple. According to them, the Division was so �inept� and �corrupt� that this duplicate office was absolutely necessary. While the bill contains provisions that hurt homeowners living in condominiums and cooperatives, HB 1229 is primarily devoted to bringing Homeowners� Associations under the aegis of the same �inept� and �corrupt� Division. If the Division was inadequate to supervise condominiums, why are the bill�s sponsors suddenly demanding that they also oversee thousands of Homeowners� Associations? Ironically, the legislation also seeks to bring Community Association Managers under the wing of the supposedly �inept� Division. After insisting that condo owners pay for a duplicate office - the Ombudsman - because the Division was incompetent, they now recommend an expansion of the Division�s responsibilities to include Homeowners� Associations and Community Association Managers. The Division�s name would be changed to the Division of Florida Land Sales, Condominiums, Homeowners� Associations, Community Association Management, and Mobile Homes. This glaring contradiction beclouds the credibility of those supporting the legislation; it implies an agenda inconsistent with their legislation�s claim to �empower condo owners�.

After a full review of text in Representative Robaina�s HB 1229 (bill text) and Senator Gary Siplin�s SB 2632 (bill text), a comprehensive assessment of the inherent damage to condominium owners will be forthcoming. Hopefully, the sponsors will respond to the input of condo owners and offset the legislation�s flaws. However, in view of their repeated rejection of input other than from their small radical group of disgruntled owners, this appears unlikely. If only life - and politics - were that simple! More to come...

March 26, 2005 - A bill filed on February 28 in the Florida House of Representatives is part of an ongoing assault on the rights of Condominium owners in Florida. A 2005 version of the infamous �Condo Killer� legislation that was eviscerated in House and Senate committees last year, HB 1229 is a confusing blend of disjointed regulations that seem devoid of purpose, fraught with contradictions, disabling in their effect on Associations and extremely expensive. Miami Representative Julio Robaina, whose �Condo Killer� bills elicited statewide opposition from angry condo owners last year, has fulfilled his promise to �return with a complete rewrite.� Strangely, his rewrite does not prevent or correct any of the �ills� he claims as the grounds for his bill. The bill is a random compilation of expensive regulations supporting the belief that Tallahassee, not resident homeowners, should govern Condominiums, Cooperatives and Homeowner Associations.

GUEST PARKING ONLY - NO RESIDENTS ALLOWED

Many of the bill�s provisions are virtually incomprehensible. The bill states that �Residents with disabilities shall not park in a disabled guest parking space unless their assigned parking space is in use illegally.� Parking regulations and spot assignments are ordinarily constrained by an Association�s size, premises layout, space positions and space availability. Notwithstanding these factors, the bill demands that Associations provide parking spaces for every guest with disabilities. In a cynical twist, disabled residents are specifically precluded from parking in these spaces! The bill also states, �Reserves shall maintain a minimum level of at least 10 percent of the yearly operating budget.� Reserves are determined by the replacement cost of critical building maintenance needs such as painting, replacing the roof, resurfacing the parking deck, etc. over the projected lifespan of these building components. The annual cost of reserves has absolutely no �percentage� relationship to an Association�s annual budget. Condominium Association members currently have the right waive full reserve assessments or opt for partial reserve assessments through a vote of the homeowners. The legislation negates this right - uniquely for condominium owners.

UNDER HB 1229 - ASSOCIATION MEMBERS PAY TO TRAIN 162,500 BOARD MEMBERS EVERY YEAR

The legislation suffers from several damaging contradictions. It demands that Board members undergo unspecified �training�, supposedly to increase their effectiveness as Board members. Concomitantly, it mandates that the newly �trained� board members can only serve for one term, guaranteeing that the Board will always suffer from inexperience, thereby decreasing their effectiveness. Ironically, a term limit proposal restricting Statehouse Representatives such as Mr. Robaina to eight years of service was defeated by the same legislators supporting a single term limit for board members. Last year, the legislation�s supporters frantically accused the Division of Florida Land Sales, Condominiums, and Mobile Homes of gross inefficiency bordering on criminal neglect. Their demand that another entity be created to perform the functions of the Division, the Ombudsman, was based upon the premise that the Division was so inept and corrupt that they couldn't be trusted to fulfill their mandate. As a result, taxpayers now pay for two governmental bureaucracies with identical responsibilities. In HB 1229, these same legislators insist that Homeowner Associations and Community Association Managers be brought under the jurisdiction of the same Division that one year ago they characterized as unable to administer condominiums. Is it possible that the legislators� �change of heart� inures to some remarkable improvement that the Division underwent during the past year, earning the respect of their detractors of a year ago? Actually, the opposite occurred, the bill�s sponsors engineered an investigation into the Division�s operational shortcomings, contending that they failed to meet their responsibilities. Adding 14,000 Homeowner Associations to the Division�s 18,500 Condominium Associations would effectively double their jurisdictional authority. In a monument to schizophrenia, the sponsoring legislators are simultaneously demanding that the Division�s responsibilities be both reduced and increased!

This contradiction is further clouded by another provision in the legislation. By mandating an overnight doubling of their responsibilities, the legislation�s sponsors have exhibited a renewed confidence in the Division�s capabilities. Since they created the Ombudsman to duplicate the duties supposedly �neglected� by the Division, their rekindled trust in the Division�s prowess contradicts the need to continue subsidizing two offices with identical responsibilities. However, the bill increases the Ombudsman�s powers to include the monitoring and reviewing of procedures and disputes concerning all types of community associations. They are, in fact, expanding the powers, duties and cost in tax dollars of both entities.

In addition to expanding the Division�s jurisdiction to include homeowners associations and Community Association Managers, it accords the Division significant new police powers. The Division was originally developed to aid in the seamless transfer of condominium operations from a developer to the homeowners who purchased units. The Division�s responsibility was to insure that the developer turned over control of the new Association to these new owners. To prevent an unscrupulous developer from �packing a board� with �shill� representatives, thereby retaining control over the Association�s operations, regulations governing the behavior of elected board members were included in the Division�s authority. In HB 1229, the Division is mandated extraordinary police powers over individual condominium owners. It seeks to imbue the Division with unprecedented authority over anyone purchasing a condominium. This changes the Division�s purpose from an agency designed to protect the rights of new condominium owners to a bureau empowered to police and prosecute every condominium owner. The bill states, �Any condominium owner found to be in violation of this chapter shall be notified by the department by certified mail, return receipt requested, at which time the condominium owner will have 30 days in which to respond in writing.� Never before has any State agency been used as a punitive organ against a class of homeowner.

Rep. Julio Robaina - Regulate Condos, Coops, HOAs, CAMs

Until last year, homeowners living in condominiums had the right to set policies governing the leasing of units within the Association. People renting their homes rarely exhibit the same level of commitment to maintaining the premises as owners. When a disproportionate number of transient �neighbors� threatens homeowners with a lowering of their living standards (and unit values), they had the right to prevent or restrain further abuse by voting to adjust their leasing policies. Last year, Mr. Robaina�s legislation eliminated that right - only for condominium owners. In HB 1229, he seeks to eliminate that right for owners of cooperative units as well. Condominium owners currently have other rights enjoyed by all homeowners. They can set policies for parking and pets that meet the needs and wishes of the unit owners. Mr. Robaina has promised additional legislation that will also negate these rights, replacing them with �one size fits all� regulations usually reserved for public housing. HB 1229 also demands that Associations pay for an expensive audit every two years. Because of the cost, audits are usually ordered for some specific purpose. If, for instance, there were cause to doubt the integrity of a budget or a conflict interpreting the budget, people might agree that an audit may clarify the confusion. Smaller Associations will have to postpone necessary repairs or improvements because they have to pay for audits that nobody wants, needs or will ever use.

This dangerous trend can only continue as long as condo owners fail to speak for themselves. As homeowners began to distinguish the media hype emanating from the bill�s sponsors from the actual legislative text, they decided to reclaim that right. Two events finally brought this shadowy legislation into the light - Community Association Day and an Analysis assembled by the House Staff.

On March 30^th, hundreds of homeowners from all parts of Florida converged on the Capitol with a mission. They wanted to disabuse legislators of the spurious claims made by the bill�s sponsors that their legislative efforts were on behalf of condo owners. Despite the sustained masquerade conducted by a political coalition assembled to misdirect legislators and the media, the objection to HB 1229 by hundreds of visiting homeowners during the Community Association Day event upset the sponsor�s plan to slip the bill through committee review. The Condominium Advisory Council voted on March 31^st (the following day) to NOT support Representative Robaina�s HB 1229 in its original form!

Mr. Robaina and the �Cybers� had another problem. An Analysis of HB 1229 performed by the House of Representatives Staff confirmed several serious consequences of the legislation. It pointed out the significant cost of the bill to both homeowners and the State. Since the �per home� cost increase created by the bill�s demand for full reserves depends upon each condo�s documents, they were unable to ascertain the full fiscal impact to homeowners. Similarly, the �per home� fee of the new parking requirements will depend upon the number of spaces each Association may be liable to create. Mandatory audits can range from a few thousand to tens of thousands of dollars depending on the size and complexity of an Association�s budget. While the estimated costs of these provisions are variable, the Staff Analysis more accurately assessed the expense of training 162,500 board members at almost $18 million annually. They also focused on the expense of imbuing the Division of Florida Land Sales, Condominiums, and Mobile Homes with special police powers over the 1.1 million condo owners living in 18,500 condominiums and the millions more residents in 14,000 Homeowner Associations. By changing the Division�s responsibility from regulating �the creation, sale, and operation of condominiums by developers and associations� to investigating �violations of the statute and rules by individual owners,� the expected cost of the bill could exceed $50 million and require a police resource that would dwarf the State Police.

The House Staff Analysis also explains HB 1229�s blatant contradiction of existing law as, �(1) Section 720.302(2), F.S., provides, in part: The Legislature recognizes that it is not in the best interest of homeowners� associations or the individual association members thereof to create or impose a bureau or other agency of state government to regulate the affairs of homeowners� associations. This bill arguably creates a �bureau or other agency� to regulate the affairs of homeowners� associations.�� This objection is consistent with the findings of the Governor�s 15-member strong Homeowners� Association Task Force, which conducted public hearings across the state in 2004 and recommended reasonable changes that were subsequently implemented. The Task Force voted down a proposal expanding the regulation of HOAs (Issue #12) by the Florida Department of Business and Professional Regulation.

After a bill is filed in the legislature, it is scheduled for review by an assortment of legislative committees to examine its inherent advantages and disadvantages. HB 1229 was referred to the Civil Justice Committee, the State Administration Appropriations Committee and the Justice Council for review. Because the hidden consequences of his bill were revealed by the House Staff Analysis, Mr. Robaina cancelled the bill�s consideration by the Civil Justice Committee on March 23^rd. After the CA Day event, he developed a clandestine plan to navigate the obstacles created when the truth about the bill�s consequences became public. On April 11^th at 4:18 PM, he added his bill to the Civil Justice Committee agenda for April 13^th. Public notice wasn�t posted until the morning of April 12^th, the day before it was scheduled to be heard. This last-minute agenda addition would preclude any condo owner who wasn�t from the Tallahassee area from testifying against the bill at the hearing. Members of the Committee expressed concern about the legislation, in part from the 1000+ emails they received from homeowners protesting the bill.

On April 13^th, Mr. Robaina revealed a secret Committee Substitute to the Civil Justice Committee for consideration. To mute the recent criticism, he offered a �Strike-All� amendment that removed references to regulating Homeowner Associations, the $18 million �training� extravaganza and the 1-year term limit the bill mandated for condo board volunteers. After hearing from Mr. Robaina that his new version �cured� their concerns and those of homeowners, they passed his last-minute Committee Substitute unanimously. However, the public wasn�t informed that the new �Substitute� also contained a litany of additional anti-condo provisions - so much for �Government in the Sunshine!�

Virgil Rizzo, SEIU Local 11 Deputy Director Hiram Ruiz State Representative JULIO ROBAINA (at podium)

The bill retains the provision requiring the collection of full reserves by every Association, eliminating the right of homeowners to either waive funding the reserves or opt for partially funding reserves by a majority vote. It still demands that an Association must provide parking spaces for disabled guests that disabled residents aren�t allowed to use. It persists in mandating expensive audits every two years, whether or not they are needed or wanted by the homeowners. The bill removes the right of people that own coops to decide for themselves the policies that affect the leasing of their units. In exchange for the increased maintenance cost from these provisions, homeowners receive nothing.

SEIU Local 11 Deputy Director HIRAM RUIZ and State Rep JULIO ROBAINA at "STATE SPONSORED" Town Hall Meeting (ACTUALLY SPONSORED BY SEIU's CLEANCONDOS.ORG)

Curiously, after conceding that it was inappropriate to place Homeowner Associations under the regulatory jurisdiction of the Division of Florida Land Sales, Condominiums, and Mobile Homes, Mr. Robaina insisted that it is appropriate for the Division to regulate Community Association Managers. The legislation focuses, in large part, on the licensing of companies that manage Associations. Mr. Robaina has a relationship with SEIU - Local 11 in Miami, a union in the business of organizing the employees of Condominium Associations. When the union organizes a condominium�s employees, the accompanying 20% to 30% jump in maintenance costs goes to fund the union�s dues, none of which goes to the employees. The union provides members to populate Mr. Robaina�s press conferences and has contributed to his campaign. A quick visit to one of their web sites reveals that condominium management companies are obstacles to their objectives. If a Condominium Association hires a management company, the union is functionally precluded from the opportunity to �organize� that condominium. Local 11 has been waging a heated campaign against these management companies and, not surprisingly, is a staunch supporter of Mr. Robaina�s legislation. Quid pro quo - you do the math!

Accompanying these expensive and irresponsible �holdovers� from Mr. Robaina�s original HB 1229 are additional provisions that endanger an Association�s ability to function. Of these �surprise� additions, the most egregious is a loophole that would spell disaster if enacted. One of the requirements of condo ownership that affects everyone is the obligation to pay assessments on time. When someone doesn�t pay their fair share, the burden falls on everyone else to make up the shortfall. This bill creates a loophole for deadbeats. It requires an association to give 30 days� notice prior to initiating a court action or levying a fine. Incredibly, as long the scofflaw sends a written response within that time, he can continue shirking the debt, thereby forcing his neighbors to pay his obligation. Under HB 1229, action to collect the delinquent funds can only be initiated if no response is provided AND if the violation continues or is repeated. As long as a response is provided, the violation can be repeated with impunity. If a condominium can�t collect the resources needed to pay its bills, it either goes without necessary services or must increase the financial obligation of every other owner that pays on time. Simply put, this provision provides deadbeats with a license to steal.

Another new addition to the bill arms abusive owners with an unremitting right to harass their Association. To accommodate an owner�s right to information about pertinent Association issues, the law provides that an Association�s Board must give a �substantive response� to any member�s legitimate inquiry within 30 days. While Democratic institutions rely on their governed constituencies to exercise rights in the spirit for which they were created, occasionally they become vehicles for abuse. By deliberately sending an unrelenting stream of capricious inquiries requiring legal opinions, an unscrupulous owner can tie up Association administrative resources while maliciously skyrocketing legal expenses. After receiving a plethora of inquiries that have little or no relevance to Association business, a reasonable assumption can be made that the intent is not the acquisition of pertinent information but simply harassment. Current law provides a fair and effective solution. It states that, �The association may through its board of administration adopt reasonable rules and regulations regarding the frequency and manner of responding to unit owner inquiries, one of which may be that the association is only obligated to respond to one written inquiry per unit in any given 30-day period. In such a case, any additional inquiry or inquiries must be responded to in the subsequent 30-day period, or periods, as applicable.� The enigmatic removal of this option in HB 1229 serves no purpose other than to encourage the abuse of board volunteers and the waste of Association funds.

HB 1229 states, �the terms of all members of the board shall expire at the annual meeting� at which point they �may stand for re-election.� Thousands of Associations have bylaws that mandate two-year terms for Board members. In the case of newly elected volunteers, it gives them the opportunity to gain valuable experience. Instituting two-year terms relieves the problem of having to convince five to nine reluctant people to run every year. Two-year terms also cut the expense and anxiety of Board elections in half. The sponsor of this bill is serving a two-year term in the legislature. The sponsors of HB 1229 are continually trying to either punish or limit the terms for condo board volunteers. Ironically, three of the bill�s six co-sponsors (Robaina, Gannon, Taylor) are also sponsors of a bill designed to extend their own term limits in the Florida House from eight to twelve years (HJR 1177). This disconnect between their beliefs and their behavior might lead one to surmise that they believe term limits to be a good idea - for everybody else. This is another arbitrary regulation that serves no purpose, increases maintenance costs, interferes with Association operations and casually overturns the wishes of the homeowners as expressed in their bylaws.

Governor�s HOA Task Force: "REGULATION BAD FOR HOAs"

While the bill�s adverse consequences provide reason enough for its defeat, they aren�t the primary cause of the overwhelming opposition it faces from condo owners. This new trend of hyper-regulating the behavior of homeowners and legislating by anecdote flies in the face of the Bush Administration�s contention that society benefits from less government. While recent state-wide election results clearly enshrine the sanctity of �home-rule� and �self-governance� and the Governor�s Task Force determined it counterproductive to burden homeowners with additional regulations, this coalition of disgruntled owners, a labor union and their spokespersons in the legislature seeks to expand these unnecessary government controls for Condominiums and extend them to Cooperatives and Homeowner Associations as well. Aside from sporadic anecdotal contentions of abuse in highly charged media-driven forums, there is no evidence that the problems whimsically addressed in the bill are broad based or require legislative action. Since the input forums created by these legislators were designed to solicit indictments instead of balanced information, their stated conclusions concerning Association �problems� are, as expected, hopelessly skewed. Inasmuch, the blizzard of irresponsible legislation cynically mischaracterized as �empowering to condo owners� chronically fails to balance the interests of the individual homeowner with those of the community association as a whole. By creating the illusion that the random imposition of disruptive and punitive regulations on an entire class of homeowners can magically cure their handful of anecdotal abuses, certain legislators hope to realize an undeserved Election Day benefit.

Homeowners categorically reject the prospect of government controls replacing self-governance within the confines of their homes. Condominium owners carefully evaluate the compromises they face when first deciding upon condominium ownership. The proven popularity of the condominium lifestyle, despite the flaws that affect every democratic institution, speaks to the success of the present system. These bills seek to dismantle that system and replace it with another government bureaucracy - one that controls how you live in your own home. Although a currently fashionable political platform, these ever-increasing reactive regulations are creating dangerous precedents. Does anyone actually believe that the government can better settle squabbles among neighbors than they can amongst themselves?

As usual, the success or failure of this legislative �dog and pony show� is ultimately in the hands of its prospective victims, the homeowners. When considering legislation governing how people can live in their own homes, every regulation should not only have an excellent rationale, it should effectively cure a real problem. Since the provisions in this bill are derived solely of anecdotal evidence, they do neither. The �one-size-fits-all� regulations contained in this bill are diseases masquerading as �cures�. As long as homeowners don�t convey their opinions to their elected representatives, other�s committed to self-serving agendas can perpetuate the myth that they are speaking on your behalf. They rely on the silent majority of homeowners to remain so. The lawmakers behind this irresponsible legislation have no intention of stopping here. Having found a fertile political landscape, they expect to make this attack on the rights of homeowners an annual event � each step bringing us closer to the �joys� of public housing. Government, as a rule, is a notoriously poor landlord. You have two choices. Either you can call-mail-fax-email your State representatives to tell them that you oppose HB 1229�s expensive and harmful consequences or you can pay for them!

March 27, 2005 - After a bill is filed in the legislature, it is scheduled for review by an assortment of legislative committees to examine its inherent advantages and disadvantages. HB 1229 has been referred to 3 committees for review. They are the Civil Justice Committee, the State Administration Appropriations Committee and the Justice Council. The Galt Mile Community Association will report the legislation�s progress through this process. You can influence the process; simply send an email to the committee members that are considering the bill. Tell them what you think!

Click Here to locate where bill is currently being considered.

in addition to the various committee members, it would be beneficial to send emails to Speaker of the House Allan G. Bense, Senate President Tom Lee and Governor Jeb Bush (the �court of last resort�) as well as our elected officials - Florida Statehouse Representative Ellyn Bogdanoff and Florida Senator Jeffery H. �Jeff� Atwater. Please find their contact information below.

• Representative Ellyn Bogdanoff - Web Page - Email: [email protected]
• Senator Jeffery H. �Jeff� Atwater - Web Page - Email: [email protected]
• Speaker of the House Alan G. Bense - Web Page - Email: [email protected]
• Senate President Tom Lee - Web Page - Email: [email protected]
• Governor John Ellis �Jeb� Bush - Web Page - Email: [email protected]

Civil Justice Committee

Click on the Committee members� web pages below to get their addresses and telephone numbers. Click on their email address to send an email. The subject field is already filled in with �HB 1229�, the bill number. The members of the Committee are: