By Jan Bergemann

Published August 4, 2017


I don’t think there is a doubt that term limits are important -- not only for legislators. And I personally believe that there should be term-limits as well for board members of community associations.


It’s actually a shame that the wording regarding term-limits created by HB 1237 is not very clear – not as clear as it should be.

Actually, the wording, as enacted this year, leaves many questions open. From being retro-active to which terms are really limited is obviously a matter of “interpretation” -- as the many different opinions published by various law firms and their attorneys show.


But, like many reform bills over the years, the provisions in the bill are a “Work in Progress” and will undergo quite a few changes in the next few years.


In my opinion the term should be EIGHT (8) YEARS, no matter if the board members were elected for a 1-year or 2-year term – and it should be retro-active.


The term-limit provision was added to FS 718 for a reason – and starting anew now would leave the “problems” in place for another eight years to come.


And I doubt that was in the mind of our elected legislators when they enacted this bill.


Legislative intent is always a tricky argument because in all reality it would take a mind-reader to know the actual “INTENT” of all these legislators involved.


So, minimum for another year, we will see the fights over term-limits continue, much to the pleasure of certain attorneys who will argue this point at length – charging “good” money for it.


I wish that the “conferences” about these reform bills – and the discussion over the necessary wording – would take place long before the bill is actually filed in Tallahassee. Once the session starts there is little time to work on much needed changes to the initially filed wording, which leaves us with the necessity to work on “REPAIRS” of enacted bills for the next year.

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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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