BASIC RIGHTS SHOULD NOT BE AMENDED
Published September 20, 2019
Eric said in his blog on Monday: ďAMEND TO YOUR HEARTíS
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
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!
||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