By Jan Bergemann    

Published September 22, 2017

Latest since Chief Arbitrator James Earls Final Ruling in the Sunbrook Condo recall case, we know that the new recall provisions enacted by the Florida Legislature are on hold, due to the fact that FAC 61B wasn’t changed accordingly in a timely manner and that the “esteemed” Division arbitrators are obviously unwilling to deal with these new laws.

In this case the new laws stating “Recall Effective Immediately” are clearly being ignored by our government agencies and the condo owners are paying the price.

As usual, the discrepancies in the wording of the bill are fought over on the back – and the expense -- of the condo owners who relied  on the new law being effective on July 1, 2017 – as stated in the original bill – and not some eight months later when some government worker are finally doing their job of changing the Florida Administrative Code accordingly.

I think this is a typical example why many association members are claiming that our government is failing them. Now even the recall process, in former times successfully used to remove “unwanted” board members isn’t working any longer.

See as well:


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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:

Educational Website:

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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