Article X: The Right to an Ombudsperson for Homeowners

Homeowners shall have fair interpretation of their right through the state Office of Ombudsperson for Homeowners. This ombudsperson enables state oversight where needed, and increases available information for all.

Creation of the Ombudsperson for Homeowners:

The following power and duties will be assigned to the Office of Ombudsperson. Annually, each association will need to register with the ombudsperson. They will need to provide its name and contact information, the information for each management company, the location of each recorded governing document, the number of homeowners within the association and other information the ombudsperson might require. The amount that will be paid annually will be dictated by state law.

Investigation and Oversight:

The ombudsperson has subpoena power for investigations and will need to give the association a statement of facts and legal conclusions within 90 days unless it is found that it is found that they will need up to 180 days. Any concern involving supervised elections, other ballots and recalls will need to be completed within 15 days unless it is found they need up to 30 days.

Enforcement:

If the ombudsperson finds that litigation must be taken against an association then the ombudsperson will advise all homeowners and directors of the association. The ombudsperson will work with the attorney general and the AG will seek judicial enforcement of the ombudsperson’s decisions about violations or the removal of officers.

Optional Mediation and Supervised Voting:

An ombudsperson may offer to take part in any mediation, or to supervise an election, even if it is not required by law. If they make this offer, they will not be disqualifying themselves from any power or duty they have.

Licensing Managers:

The ombudsperson shall license qualified association managers. They will give the tests to make sure that the managers know the law that applies. The ombudsperson can also set requirement for managers to be bonded.

Forms Updated, Mediators Listed and Homeowner Education:

The ombudsperson shall be in charge of keeping all the information statement and other forms that the sellers must give to buyers current. The ombudsperson also needs to be in charge of maintaining lists of available no or low cost mediation programs, publish and promote all educational materials to secure homeowners right, and programs to license association management. These materials will be made for people with disabilities and they will be made to use more then one language at any polling place.

Rulemaking:

The ombudsperson shall adopt rules governing investigations, oversight, licensing of managers, and other functions that are appropriate to implement to ruling.

Annual Reports:

The ombudsperson shall publish the following information each year. The number, kind and size of association in the state, how state law affects how the associations operate, any violation of the statute, homeowners options for mediation and arbitration, the number of foreclosure cases filed/completed and the reasons for each, and any other issues that the ombudsperson considers important for the homeowners.

This article wants to work out the disputes between homeowners and associations that can happen. This article looks to strength community instead of tear them down. The homeowners may not have a lot of time or money to fix disputes, so they have implemented a quick and cost effective ways. An independent ombudsperson will be there to help the homeowners protect the rights that they have. The ombudsperson will also be in charge of making sure that there are qualified people working with homeowners. The ombudsperson had the investigation and enforcement powers, which are meant to provide a neutral view point, and are meant to happen in a quick and efficient manner. If an ombudsperson finds unlawful practices then they are encouraged to make sure that this is terminated quickly.