By Jan Bergemann

Published May 27, 2022




No matter what system is created to produce fair elections, there is always somebody who finds a way to cheat – from general elections to elections in community associations.


While electing the board with proxies is generally disallowed in condos, HOA Statutes [FS 720.306(8)] specifically allow proxy voting for annual meetings with elections. There is a reason for it since most owners don’t attend these annual meetings and, even with the help of proxies, many homeowners’ associations have a serious problem finding enough members – in person or by proxy – to establish the required quorum. So, many times the old board stays in power – good or bad – without even having to face an election. To me it looks like most owners don’t understand that an HOA board has more power than many government agencies and can ruin each owner’s private finances in a heartbeat. Electing a board is in my opinion the most important obligation for each member.


While the Division supplies proxy forms for condos (see Eric’s blog), there is no form supplied by any government agency for owners in mandatory HOAs.


I attach a sample-proxy that was given to us during the meetings of the HOA TASK FORCE, supposedly approved by the Florida Bar. 



(You need to fill out the questions in color)


But even with proxies – allowed or disallowed – the election fraud continues. Just look at the many arbitration and court rulings regarding elections in community associations.

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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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