RESTRICTIONS, RESTRICTIONS – AND
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
||Jan Bergemann is president of Cyber Citizens For Justice,
's largest state-wide property owners' advocacy group.
CCFJ works on legislation to help owners living in
associations. He moved to
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
- 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
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