By Jan Bergemann

Published April 13, 2018


Among all the nonsense contained in HB 841 is a provision that actually makes sense, even if it was only necessary to clarify the language after the “nonsense” ruling of an illogical judge.


Imagine a judge who rules that a vote to allow a material alteration can be held long after the material alteration took place? Remember: If the vote wouldn’t pass the whole work would have to be redone and all the money would be wasted? There are various arbitration rulings where material alterations had to be redone because the board had the work done without having the required membership vote.

Any person with a normal mind would have assumed that a vote allowing a material alteration – if so required by law – would have to take place before the work started. Not so this judge! He allowed the vote to take place long after the work was done – and allowed the board – in my opinion – to violate the Florida statutes.


The newly added language [before the material alterations or substantial additions are commenced.  This paragraph is intended to clarify existing law and applies to associations existing on July 1, 2018.] should definitely convince even an illogical judge that the vote has to take place BEFORE the work for the material alteration commences.


I guess you know my reasoning for the – in my opinion – incompetence of many lower court judges: Many of them are attorneys who failed in private practice and needed a paying job. For them the step to become a judge is just a necessity to make good money. And that’s why we are often get rulings that make no – or very little – sense.

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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:

Educational Website:

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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