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FAIR ELECTIONS? NOT IN HOAs!
By
Jan Bergemann
Published
November 25, 2016
I wish many more people would pay attention to the magic words
contained in FS 720.306: “otherwise provided in the
governing documents.” What many people don’t seem to
understand is the fact that the procedures they like to use have
to be contained in the governing documents – IN WRITING.
Many board members – and attorneys and CAM managers – are trying
to create new rules that are nowhere to be found – or maybe
included in the Condo Act (FS 718). Sounds nice, but the Condo
Act isn’t applicable for homeowners’ associations regulated by
FS 720.
I hear each year many complaints from owners that board members
“invent” nominating committees and decide who can be a
candidate.
Let’s make it very clear: Every owner in good standing (owners
with felony convictions excluded) can be a candidate for board
membership.
I always get a kick out of the stories of board members
appointing their spouses to so-called “nominating committees”
who will then go ahead and claim that only their spouses are
qualified to serve on the board.
And then people wonder why the Division’s arbitration section
gets flooded with election arbitration filings each year.
Since years we have been trying to add the condo election
provisions [FS 718.112(2)] the HOA Act. So far no success –
because the organizations like CAI --
representing the so-called service providers – like attorneys
and community association managers – will fight provisions that
would finally create “fair elections” in HOAs.
But hopefully the losers of this year's annual election and
their following will not follow the latest trend promoted by the
US media and will burn down the clubhouse or burn some cars!
PLEASE: Could we hold civilized, fair elections?
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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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