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IS THERE "FREEDOM OF SPEECH" IN DICTATORIAL
HOAs?
By
Jan Bergemann
Published
April 29, 2016
I guess we all know that there is a so-called
First Amendment that guarantees us "FREEDOM OF SPEECH." But it
seems not everybody cares about it very much, especially not
some board members and their attorneys.
Over the years I have seen many lawsuits filed against
homeowners and condo owners who dared to publish their own
websites, using it to publish association documents and their
own opinion about "shenanigans" in their association. As long as
owners don't forget to make sure that certain disclaimers (like:
"This is not the official website of WhoCares(??) HOA) are very
visible on the Home Page, lawsuits against these owners are
normally going nowhere.
Mostly these lawsuits (and threatening letters) are used to
intimidate these owners. You wouldn't believe all the things
these association attorneys are threatening with. Always reminds
me on the schoolyard bullies trying to get our lunch money.
And they are very inventive when it comes to accusations. I have
seen even "trademark infractions" being used for intimidation
tactics. As if the name of an association is a trademark. But I
think that some attorneys think that anything to scare the owner
is allowed, no matter how stupid. They want to protect the
dictatorial board who is paying their legal bills.
Most of these written threats and even the lawsuits are going
nowhere -- they just serve to scare the owner. Very few go any
further -- like the one Eric won and wrote about in his blog
posted Monday. Some have gotten very expensive. Let's make no
mistake: Dictatorial board members will do anything in order to
stay in power -- no matter how much it costs. It's not their
money -- that's minimum the way they act.
As long as the contents of this website is factual and "halfway"
civilized there is little the board, their attorney and CAM can
do.
I can understand that certain board members don't like their
"shenanigans" discussed on a public website for everybody to
read. Only too often owners complain about serious wrongdoing of
their board members who are violating the statutes left and
right -- and do serious harm to the financials of their
community. But without proper government enforcement of existing
laws owners often don't have another opportunity than to publish
their opinion on a website. Nowadays a website is pretty easy to
create and very cost-effective.
Yes, a public website may endanger the property values of the
community, but -- like in the military where you may consider
calling friendly fire on your own lines in emergencies -- it
often serves a greater purpose. Believe me: A dictatorship
creating financial mischief
Never forget: The owners wouldn't create websites and even fight
lawsuits over it if they don't see serious problems endangering
the welfare of the community.
If there is an owner in your community publishing such an
"unofficial" website don't listen to the outcry of the board and
the service-providers. Don't shoot the messenger who reports
about the problems that could quickly effect your financial
welfare.
Even if our US Constitution and the Amendments often don't find
the necessary appreciation, it's still the law of the Land --
and it's what made this Country great! Our founding fathers
would most likely turn in their graves if they would see how the
Constitution they created is often trampled with feet in
Florida's community associations.
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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
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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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