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FINES UNCONSTITUTIONAL?
By
Jan Bergemann
Published May 28, 2021
We’re talking much about some folks fining their neighbors. It’s
really a shame our legislators allowed such a dictatorial tools
in the hands of amateurs, allowing them to be accuser, judge,
jury and executioner all in one.
Two State Supreme Courts (Virginia and Rhode Island) have
already decided that fining is unconstitutional in community
associations because the US Constitution only allows government
entities to fine its citizens. And Florida’s community
associations are definitely NOT government
entities.
But, as usual, our Constitution is overlooked if it doesn’t fit
into the agenda of the people in power – or folks who have lots
of money.
Let’s face it: Allowing boards to fine the neighbors in the
community is giving power-hungry boards a dictatorial tool that
is often abused, but much liked by attorneys and CAMs, who are
making lots of money supporting dictators.
Fining is as well a great tool to prevent owners who criticize
the board from running for the board, challenging sitting board
members. It’s real easy: All the board has to do is fining such
“candidate” about 93 days before the election with a $1000 fine
for some “invented” violation.
That leaves this candidate with only two options: Pay the $1000
fine or withdraw the candidacy, which then often leads to the
board withdrawing the fine. I have heard these kinds of stories
many times over the years.
Many families lost their homes because of unreasonable fines.
The Florida legislature seems to have realized that something is
wrong with the fining procedures: Starting July 1 the final
warning letter that a lien will be filed if the fine is not paid
until “such and such date” can no longer contain attorney’s
fees. One little step in the right direction.
Fining neighbors is just another reason why we think that every
HOA should post the “Checkpoint Charlie Sign” at the entrance: “You
are leaving the American Zone!”
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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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