By Jan Bergemann

Published March 30, 2018


Various provisions in FS 718 (The Condo Act) discuss what should be done with “common surplus” – as it is called in the statutes. But obviously our esteemed legislators think that homeowners associations don’t have “common surplus.” No mention in FS 720 (The HOA Act). Obviously nobody from “special interests” wanted to use favors bought with campaign funds to deal with this issue in HOAs.


And as nice as it may sound in the Condo Act – it’s another useless provision due to lack of enforcement. Even if FS 718.501 requires the “DIVISION” to investigate complaints regarding financial issues, the Division in its infinite wisdom always finds ways to circumvent this requirement and send complainants form letters stating that their “investigation” couldn’t find any “wrongdoing”.


Well: Another joke in Florida’s “Condo Paradise” – with board members and certain law firms and community association management firms plainly ignoring these statutes.


This is another case where association attorneys tell complaining owners at public board meetings – not really needed any more after July 1 according to HB 841 – that they should sit down and shut up since they don’t have the money to start legal action to enforce the “common surplus” provisions.


This is just another provision that looks nice on paper but has in real life little influence on the daily dealings in Florida’s condominiums.

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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 !

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