By Jan Bergemann

Published June 15, 2018


The developer we bought our first home from here in Florida was as well my first nightmare. I didn’t know what an HOA was, and relied on the statement: "The HOA will take care of roads, amenities and easements – it creates CAREFREE LIVING!"


I can assure you: This HOA created my worst nightmares, especially after I found out that the developer built the promised amenities using our maintenance fees. And when we owners sued him we quickly found out that – at that time – he could use our maintenance fees to pay his attorney to defend against our lawsuit.


That made me think: Legislators who allow such laws to be enacted, must be either NUTS – or ON THE TAKE. SOME ARE BOTH!


That was about twenty years ago. Much has been added to the wording of the statutes in regards to turn-over of developer-control.


But what good is wording if there is NO ENFORCEMENT of these provisions in the Florida statutes?


Twenty years ago, when “false” advertising was a Third Degree Felony, we were told by the State Attorney’s office and the office of the Attorney General, that there was “no” money to prosecute these developers. I rather suggest that the elected attorneys and judges were well “bribed” with campaign funds from developers.


And from what I’m seeing in recent years – not much has changed on this front either!

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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: 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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