By Jan Bergemann

Published April 27, 2018


This week we are talking about community association laws, rules and the ENFORCEMENT of these laws and rules.


Eric talked on Monday about judges, especially Broward County judges – pros and cons, good and bad!


I have chosen to write about the Division of Florida Condominiums, Timeshares and Mobile Homes, the Tallahassee agency that tops in my opinion the charts for “MOST USELESS AGENCY PAID FOR BY TAXPAYERS’ MONEY.”


Let’s face it: As much as homeowners living and/or owning property in mandatory HOAs regulated by Florida statutes 720 (HOA ACT) are begging lawmakers since many years to create a regulatory agency in order to be able to deal with daily problems in homeowners’ associations – avoiding costly and lengthy court battles.


But even representatives from the Florida BAR, who actually stated that they would be in favor of a regulatory agency for HOAs, refuse to support such legislation as long as the Division is as useless as it is in the moment.


Since Kevin Stanfield took over as Director of the Division this agency is plainly deteriorating. And with Bruce Campbell condo owners have to deal with a Condo Ombudsman who doesn’t seem to be interested in the job in the first place. In my opinion he just took the job to add a second pension to add to his retirement portfolio.


The employees of the agency use form letters to deter owners from filing complaints. And – after a while – they just inform complainants that their “investigation” showed no proof any “wrongdoing”. The “investigation” of the Bureau of Compliance is nothing but a sham – a real investigation never takes place in most cases as can be seen by the fact that documented proof was never followed up on and witnesses to the violations of Florida statutes are never even contacted.


Complaints about election-monitors bodging elections are piling up. Looking at a recent list of election monitors used by the Office of the Condo Ombudsman shows that the experienced long-time election monitors are barely used. Some newer ones seem to be preferred – and have lots of complaints filed against them. On the list I was supplied was as well an attorney who is known to have problems conducting elections in the communities where he is the association attorney. He has a long list of “lost” election and recall arbitrations. Is that the kind of monitor owners ask for to conduct their elections?


According to various reports the newly hired Chief Arbitrator is a person with obviously very little knowledge about condo law. Is that the kind of experts condo-owners can expect when they are paying $4 into the Condo Trust Fund?

Let’s face it: The Division of Florida Condominiums, Timeshares and Mobile Homes is a pretty useless institution who clearly fails to do the job their employees are getting paid for.



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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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