By Jan Bergemann

Published August 27, 2021


Board members hold a huge responsibility: They can quickly ruin the personal finances of each owner in the community by making wrong decisions.


It is absolutely important that these board members know how to deal with this “monster” called community association. They need to know the laws regulating the community and the rules set by the governing documents of their association.


But our legislature is allowing board members to just sign a certificate saying “they know it all!”


This is the exact wording of the paragraph in the Condo Act FS 718.112(2)(d)4.b.:

Within 90 days after being elected or appointed to the board of an association of a residential condominium, each newly elected or appointed director shall certify in writing to the secretary of the association that he or she has read the association’s declaration of condominium, articles of incorporation, bylaws, and current written policies; that he or she will work to uphold such documents and policies to the best of his or her ability; and that he or she will faithfully discharge his or her fiduciary responsibility to the association’s members.


In my opinion this can only be considered a joke. They can just sign it and know full well that it doesn’t really matter since they are indemnified and protected by the “BUSINESS JUDGMENT RULE”.


They will not be held responsible, no matter how stupid their decisions and how badly their decisions are affecting the welfare of their neighbors.


Board members need to be educated and really need to know the laws and rules governing their community.


As long as we don’t hold board members, association attorneys and community association managers responsible for their actions the system will never work!

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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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