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CAMPAIGNING IN ASSOCIATIONS?
By
Jan Bergemann
Published October 2, 2020
On Monday Eric posted in his blog that we already learned that
many associations have “No Sign” rules, meaning you can’t put up
a campaign sign in your front-yard or your window.
But, like most “good” laws and rules, there is a loophole you
can jump through.
Both FS 718 (Condo Act) and FS 720 (HOA Act) contain exactly the
same language:
FS 720.305(2)(b) + FS 718.303(3)(b) A
fine or suspension levied by the board of administration may not
be imposed unless the board first provides at least 14
days’ written notice to the unit owner and, if
applicable, any occupant, licensee, or invitee of the unit owner
sought to be fined or suspended, and an opportunity for a
hearing before a committee of at least three members appointed
by the board who are not officers, directors, or employees of
the association, or the spouse, parent, child, brother, or
sister of an officer, director, or employee.
Since the association (management) is by law required to give
owners a 14-day notice to remedy the violation, the association
would not be able to fine an owner who posts the campaign signs
14 days before the election and removes the signs immediately
after the election is over. Just a thought? In case you are
adamant to show your neighbors who you support at the upcoming
election, using this loophole surely worked two years ago.
In upcoming annual elections for the board of directors it’s
definitely a great idea to have a “Meet The Candidates” town
hall meeting. Owners should know who they are electing to decide
over their (personal) finances for the next year.
In my opinion holding “Meet The Candidates”
meeting at the clubhouse shows what the sitting board is all
about – if there are more candidates than open seats.
The board holding such meeting wants to have a fair election,
giving all candidates the opportunity to reveal their
“platform”. Boards not holding such meetings are clearly showing
that they are not interested in giving owners the opportunity to
talk to all candidates. That happens mostly in associations
where the sitting board wants to stay in power without giving
opposing candidates the chance to introduce themselves to their
fellow owners.
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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
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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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