INTERPRETING THE LAWS?

By Jan Bergemann

Published February 10, 2017

 

I was always under the impression that our Legislature is writing the laws – not judges and/or arbitrators.

 

But we see daily what happens if some power-hungry judges or arbitrators take it upon themselves to “INTERPRET” the law – claiming they just read between the lines. It’s pretty obvious to me that some of these folks are having a hard time reading. They don’t “read” between the lines, they make up wording that doesn’t even exist.

And when I hear from an arbitrator that he/she just followed the ruling of some court, I start wondering about the sanity of these folks.

 

APPEALS COURT RULINGS are case law – lower court rulings don’t really count for anything.

 

Many of these lower court rulings are overturned in Appeals Court – often for good reasons.

 

And if I see that lower court judges and arbitrators have a hard time “interpreting” the written statutes for “material alterations” I have to laugh. The statutes are clear – and whatever certain folks consider as “added security” is just a joke. Remember, statistics have shown that the bad guys are targeting “gated” communities, because owners let the guard down because the word “gated community gives them a false sense of security.

 

Do you honestly believe that a “wall” deters thieves from breaking into homes in this community? Or security cameras that mostly create pictures of the bad guys that are making the person in the picture unrecognizable? How often do we see pictures of criminals in the news, showing them robbing a store, with the picture showing some “figure” even his mother wouldn’t recognize?

 

Let’s make it very clear: People move into a community “as is” and should be able to rely on the fact that their voices will be heard if someone feels like changing the looks of the community with cost to the owners.

 

So, now we are getting to the point where some judges and/or arbitrators can decide what counts as “SECURITY” – and what doesn’t? Shouldn’t the people who will pay for the “added security” have a voice if they really want this expense spent on dubious security?


HTML Comment Box is loading comments...
 
Jan Bergemann Jan Bergemann is president of Cyber Citizens For Justice, Florida 's largest state-wide property owners' advocacy group. CCFJ works on legislation to help owners living in community  

associations. He moved to Florida in 1995 - hoping to retire. He moved into a HOA, where the developer cheated the homeowners and used the association dues for his own purposes. End of retirement!

 

CCFJ was born in the year 2000, when some owners met in Tallahassee - finding out that power is only in numbers. Bergemann was a member of Governor Jeb Bush's HOA Task force in 2003/2004.

 

The organization has two websites to inform interested Florida homeowners and condo owners:

News Website: http://www.ccfj.net/.

Educational Website: http://www.ccfjfoundation.net/.

   
We think that only owners can really represent owners, since all service providers surely have a different interest! We are trying to create owner-friendly laws, but the best laws are useless without enforcement. And enforcement is totally lacking in Florida !


Join the 

CCFJ Email List
Email:  

For Email Marketing you can trust