By Jan Bergemann    

Published November 9, 2018


The Florida legislature was obviously sick and tired hearing from homeowners that their board is enforcing rules that don’t really exist!


They created new rules for amending and recording governing documents.


In the future any board that wants to amend rules and regulations has to jump through all the necessary hoops – including voting of the whole membership – if so required.


Amendments to the governing documents have to be proposed in a format that equals bills in the Florida Legislature.

Green Underlined: ADDED

Red Strikethrough: DELETED


And the court filing has to be accompanied by an affidavit stating that the new rules/regulations were duly adapted by the board/membership at a public meeting.


By the way: If a vote of the membership is required, it has to be done in writing by limited proxy. No more hand-signs at meetings or statements by the board: “We have the necessary number of votes to enact the amendment!”


The board – if challenged by a lawsuit -- has to be able, even many years later, to prove that they followed the rules when passing this amendment and that the membership vote of approval reached the necessary percentage.


Together with FS 720.3035 (Architectural control covenants; parcel owner improvements; rights and privileges) the legislature hoped to create the necessary laws to prevent board members from making up rules “as they go along!”

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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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