By Jan Bergemann

Published October 19, 2018


Wasn’t it already difficult enough for owners to go after members of the association board for violating laws and rules? Obviously not for the First District Court of Appeals of the State of Florida!


By ruling that the procedures in Florida statute Section 617.07401 applied to filing a lawsuit against the association, they prolonged the process – and added additional legal fees to the already costly procedure for owners to file a lawsuit.


The requirement that a plaintiff must send a “demand“ for action by the board and demonstrate that the board refused or ignored the demand for at least 90 days before filing suit will just waste more time and legal fees.


[See: Iezzi v Edgewater]


Talking about injustice? Why is an association board given 90 days to remedy violations while an owner has only 30 days – according to Florida statutes?

Equal rights? Definitely not in community associations!


I get the distinct feeling that lower courts only too often try to protect the “bad” guys!

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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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