By Jan Bergemann

Published September 22, 2023


I agree with Eric about HB 437 – many homeowners are welcoming this new law, but it would be even more welcome if the language would be clear and precise. The way the bill was written was definitely cheered on by certain association attorneys who immediately pictured lots of extra income when reading the bill signed into law by Governor Ron DeSantis.


The part about flying flags was great – the language will definitely help reducing the number of lawsuits we see in regards to flying flags in community associations.

But the language of the part of the bill “relating to property owners’ right to install, display, and store items” definitely needs improvement.


I hope every attorney is reading the legal meaning of  “Visible from Adjacent Property”: “with respect to any given object, that such object is or would be visible to a six-foot tall individual standing at the same natural grade at which the object is standing level on the adjacent property”.


The money of owners in community associations is supposed to be used for maintenance – as the name maintenance fees clearly states. It’s not supposed to make attorneys rich because some board members have a weird “visibility”. I am sure we will see lots of crazy interpretations of the wording of this provision (FS 720.3045), but hopefully not too many costly lawsuits.

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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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