By Jan Bergemann    

Published May 12, 2017


Well, the legislative session is over and it’s time to take a look at how much “damage” our Florida legislators have done this year.

First of all I have to say this: In all reality they have done pretty well this year. A lot of good provisions are in the books – and hopefully Governor Scott will be signing them into law.


But with lots of good comes always some bad – like we are seeing this year.


Eric already posted a summary of all the important condo provisions that passed this year during the legislative session.


There are two provisions that really make me wonder who was actually writing these bills.


In H 1237 are new recall provisions – provisions that actually open the door to more fraud.


There is no more control if the petitions served are actually valid. Everybody can serve the board with recall petitions that may be signed by Mickey Mouse, Donald and Pluto – who knows. The sitting board is removed immediately – no matter if the recall petitions are actually valid. The former board can still file for recall arbitration – but remember why we wanted the recall provisions changed: Arbitrators took often 5-6 months before they ruled on the recall. That means that now any owner and some of his buddies can take over the board and run the association – and sign all kinds of damaging contracts. Good provision? I seriously doubt it!


And this is the sentence S 744 adds to FS 720.303(2)(a) Members of the board of administration may use e-mail as a means of communication, but may not cast a vote on an association matter via e-mail.


On one hand the legislators have tried in past years to make association business more open for the owners.


This sentence kills that splendid idea. In the past arbitrators have ruled that e-mails among board members sent from private computers are NOT public record. Now the legislators openly allow board members to communicate by e-mails – with no access to these e-mails by owners. Who knows what may be discussed privately behind closed doors?



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:

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 !

Join the 

CCFJ Email List

For Email Marketing you can trust