BASIC RIGHTS SHOULD NOT BE AMENDED

By Jan Bergemann

Published September 20, 2019

 

Eric said in his blog on Monday: ďAMEND TO YOUR HEARTíS CONTENT

 

I absolutely disagree. I think the Florida Supreme Court got it all totally wrong with their decision in the case of Woodside Village Condominium Association vs. Jahren in 2002.

 

For me a contract is a contract! In this country where a contract can even supersede the US Constitution, it seems to me that a contract is not a contract, if our justice system thinks itís ďconvenientĒ to ignore the contract.

 

Letís be very honest, if I buy into a NO-PET community because of my allergies I shouldnít have to deal with a neighbor claiming that he/she needs an emotional service pet. Donít I have rights too? The contract I signed said clearly: NO PETS ALLOWED! So just because in this time and age everybody wants to be political correct, I have to suffer from my allergies? In my opinion the person who suddenly decides that he/she wants a pet but decided to buy into a NO-PET community should be the one to move, not the person who bought into a NO-PET community for health reasons.

 

Another example for breach of contract rights: In order to increase my retirement funds I buy four condo units in a community where renting is allowed Ė no restrictions according to the governing docs when I bought these units. I rely on the wording of the contract when buying these units. But suddenly some board members and some neighbors decide that they donít like to live in a community where renting is allowed without restrictions. They amend the governing docs and suddenly I canít rent my units any longer. Since I canít live in four condo-units at the same time, I am forced to sell these units, often for an amount that doesnít cover my initial buying price.

 

WHERE ARE MY RIGHTS?

 

Honestly: I donít care about being political correct: A contract is a contract and my rights are my rights. No matter if some judges on a Supreme Court feel otherwise!


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: 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 !


Join the 

CCFJ Email List
Email:  

For Email Marketing you can trust