By Jan Bergemann

Published June 30, 2017


We always hear from attorneys that the association documents are “outdated” and need to be changed – and many boards agree. But is it really necessary?

Yes, there are certain things that might be “outdated” – and require changes. But changing the whole deal – or even a majority of the governing docs – is in my opinion a total overkill and should be avoided at all cost.


Targeting specific provisions might be the right way to go – and it’s a lot easier to convince the needed “super-majority” of the total voting interest to agree to some very specific changes than to a whole “rewrite.”


My suggestion to board members: Target specifics if you feel the need to make changes – but have a specialized attorney write the reworded provision.


And even if you feel the need to see your proposal to pass, always follow the requirements of the law. It takes a “super-majority” (according to your governing docs or – if silent – the statutes regulating your association) to enact an amendment to your governing documents.


I have over the years seen wild attempts to circumvent the number of required votes of approval. The absolute wrong one – besides using the new number added into the amendment the board is trying to pass: Claiming that all NON-votes are counted as YES-votes! As ridiculous as it may seem to you, it’s an attempt we see used pretty often.


On the other hand we see often owners opposing the attempt to rewrite the governing documents rallying the troops to Vote “NO” on the amendments. No need to do so: The statutes require the VOTE OF APPROVAL, meaning a clear YES-vote on the proposed amendments. Anything else is just a waste of effort and paper!

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