By Jan Bergemann

Published November 13, 2020


To me it’s pretty obvious that this country is on the warpath with elections.  While in other “civilized” countries elections go smoothly, here elections seem to create nothing but chaos. And that’s not only happening in general elections, it’s actually the same in elections for community association boards. It seems that in much too many cases courts and arbitrators decide the outcome of the elections, not necessarily the voters.


In his blog on Monday Eric said in his blog: “And if you’re not sure about something, ask your attorney.  It’s a lot better than having to go through the election process twice.”


The idea may be good, but it often doesn’t work out that way – especially not in homeowners’ associations, where the election process is regulated by FS 720.306. In recent weeks I have seen advice from so-called specialized attorneys that violated every statute and the bylaws of the association. Sometimes I get the feeling that some attorneys don’t really care about what’s right or wrong – as long as their bills are being paid.


According to the statutes the annual election should take place together with the annual membership meeting. FS 720.306(2) is very clear about it. Well, how about an HOA allowing a ZOOM meeting, where the owners were not even allowed to speak (a clear violation of the Florida statutes) and the election didn’t take place due to lack of preparation. Actually, the election is now taking place by written ballot, which, according to the CAM, can be done as well returned by e-mail. I really wonder how anybody can return a secret ballot (required by the association bylaws) by e-mail. And that was all blessed by the association attorney who, unlike the members, was allowed to speak. These were just the high-lights of this annual membership meeting with election. By the way, the meeting should have taken place in July – according to the bylaws – but were postponed due to the Chinese Virus.


This is just one example of many “weird” elections I have heard about in the past weeks. Bylaws and statutes are plainly ignored – and the fight is on. Much to the enjoyment of the attorneys who just love to hear their cash-registers ringing!


I guess the folks in so-called THIRD-WORLD-COUNTRIES are doing a better job with elections than we do here in the USA. Fair and accurate elections are the basis of democracy. What happened to democracy in this country? ARE WE LEAVING THE “AMERICAN ZONE”?

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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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