DESPERATE – BUT SILLY – EXCUSES?
May 19, 2017
Over the years I have learned that the CAI “specialized”
attorneys will come up with all kinds of desperate excuses – no
matter if they make sense or not. But this year these excuses
were not only sounding desperate – they were in my opinion
Their biggest fear: Criminal charges for folks violating the
provisions of the Condo Act (FS 718)!
Who in his right mind can be against criminal prosecution of
election fraud, or prosecuting board members who knowingly and
willfully damage their neighbors’ finances?
In my opinion their reason for being against criminal
prosecution: It will stop these attorneys from making a
financial meal out of these cases. Believe me: Dealing with the
arbitrators of the Division of Florida Condominiums, Timeshares,
and Mobile Homes or private attorneys representing unit-owners,
or the folks from the SA office makes a huge difference. No
more: Playing Games! Criminal charges prevent these attorneys as
well from milking the association funds – unlimited funds they
can normally play around with.
Personally, I think it’s outright silly for a “specialized
attorney” to write in a newsletter: “Go
to jail! Do not pass go! Unbelievable, but still true. The
legislature, exceeding all expectations as to how to discourage
good individuals from serving as directors and making it more
difficult to attract volunteer directors, adopted House Bill
1237 to expand the criminal code to include many more areas of
the Condominium Act."
So did Michael
Gelfand, a senior partner of the law firm of Gelfand & Arpe, a
so-called “specialized” attorney who chaired the Florida Bar's
Real Property, Probate and Trust Law section
-- according to the Daily Business Review.
When reading all the
comments published in regards to the provisions of the Condo
Reform Bill one starts wondering if all these folks actually
went to law school – or if they just missed a few very important
classes. I didn’t go to law school, but I think there is a huge
difference between "unethical” and “criminal” conduct.
Don’t forget, these
“criminals” often do more financial damage than bank robbers –
and they often target the elderly in communities with lots of
retirees who just want to live in peace.
In all honesty: I expect some better arguments from
“specialized” attorneys trying to dismantle an owner-friendly
bill than the nonsense we heard this legislative session!
||Jan Bergemann is president of Cyber Citizens For Justice,
's largest state-wide property owners' advocacy group.
CCFJ works on legislation to help owners living in
associations. He moved to
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
- 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
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