Beware of big brother
RICHARD HERSHATTER
Contributing Columnist
hershatter@lbknews.com
Where there is smoke, there must be fire, And lives must not be lost. A safe solution should require A reasonable cost.
It was Daniel Webster who reputedly said:“Life, liberty and property are in danger when the Legislature is in session.”
He was referring to Congress, of course, but today’s version of the national law-making body is so polarized, so non-functional, that its lack of action of any kind endangers nothing. What the country has is a vacuum where nothing stirs except the deadly speechifying of self-absorbed solons.
On a State level, however, the scene is quite different.
Tallahassee’s House and Senate are moribund until the first Tuesday after the first Monday in March, after which they are in session for only 60 days.
And in that short period, their frenetic activity can do more damage than a dozen Washington years. The only exception is that they are not empowered to declare war, but that is really no consolation, considering that the country manages to get itself into successive foreign firefights without the formality of a declaration from the Congress.
Tallahassee’s mischief-making is largely geared toward enacting legislation whereby government becomes “big brother,” protecting citizens from themselves, such as specifying when and where they can use tobacco and what steps they must take to ensure public safety.
A particular target, in recent years, has been the con- trol of condominium living.
Condominiums, as a form of real estate ownership,
are a fairly recent development which came to fruition in 1958 on Puerto Rico and then spread rapidly to the mainland.
Under old English common law, a man’s home was considered “his castle,” and what he owned was a plot of land, with the buildings thereon, extending
downward to the center of the earth and upward unto the heav- ens. His sole ownership was con- sidered inviolate, as long as he paid taxes owing to the king, and his use and privacy could not be disturbed without a warrant issued by a competent court.
The owner of a condominium, however, does not have title to either the land or the building. Instead, the person’s “castle” consists of only the interior walls and contents attached, with the exterior roof and walls belonging to an association.
Use of common areas is granted to the unit owner, but responsibility for upkeep of the grounds and building exteriors is the responsibility of the association.
The concept is particularly suited to Florida, where sunshine and temperate climate attract retirees whose interests no longer run to outdoor maintenance (and snow removal). As a result, the State is blessed with hundreds of thousands of condo developments, and Tallahassee’s politicians (“big brothers”) have had a field day regulating, and over-regulating, them.
There has hardly been a session during the last half century in which the lawmakers have not changed the rules, or implemented new rules, or divined new meth- ods of taxing residential condominiums.
Over the years there have been constantly evolving methods of construction and safety codes, which is good. Newer construction is more impervious to hur- ricanes, floods and fires.
Older buildings, however, which were built in accor- dance with older codes, do not measure up to modern standards. They are considered to be “grandfathered,” and are generally not susceptible to upgrades unless or until their owners seek renovation.
The power to enforce and inspect upgrades is left to local code enforcers (the representatives of “big broth- er”), who are expected to exercise a degree of common sense in enforcing State decrees.
For example, today’s building codes for barrier islands require that new buildings be erected on piers, or stilts, to provide non-destructive paths for storm surges. That is not practical for existing older edifices.
Other new requirements, such as sprinkler systems and hard-wired smoke alarms, are pretty much at the discretion and good sense of the local inspector.
The Longboat Key Federation of Condominium Associations is aware of the implications and expense involved in these situations. It has arranged to devote its March session to consideration of condominium law.
The featured speaker will be one of Florida’s leading experts in the field, Attorney Donna D. Berger, who is a longtime litigator and lobbyist representing condomini- um interests. She is also the author of numerous articles and treatises on the subject.
The session is scheduled for 9:30 a.m. on Thursday, March 20, at Longboat Harbour, 4454 Gulf of Mexico Drive. The subject is of utmost importance, and all condo associations on the Key are urged to encourage representatives to attend.
Richard L. Hershatter is a retired lawyer and novel- ist who writes an occasional column of interest to Floridians. He can be reached at Banyan502@AOL.
