By Jan Bergemann

Published August 3, 2018


When moving into a community association you will be surrounded by even more restrictions than already created by your local government entities. In the end you have to ask yourself the question: What parts of my life are nor regulated yet? You might come up with very few answers to this question – like: The color of your underwear, or when you can use your private bathroom.


There is not much that isn’t regulated nowadays. Living in a community association makes life even more complicated than it already is, especially when you live in an association where the board members are trying to micro-manage your life.


Too many board members don’t seem to understand that they can’t just make up rules as they go along. The existence of a community association is based on contract law – and the board members can’t just change the “contract” if they feel like it. Their “rule-making” is limited, but many board members, attorneys and CAMs don’t seem to understand that.


And owners, who challenge the “rule-making authority” of such power-grabbing  boards are often told by these board members, CAMs  -- and even attorneys – that they don’t have the money to challenge their “rule-making” in court. Never forget: An owner has to pay the legal fees for a court-challenge out of his/her own pocket, while the board members, even if they violated about every rule in the book, are covered by insurance  - and can fall back on the association funds – if need be.


In my opinion that’s one of the main reasons why many board members think that they can do whatever they want – even creating totally unreasonable restrictions.

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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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