By Jan Bergemann

Published December 7, 2018


Elections in Florida are nothing but trouble – and many of these elections are in the end actually decided by lawyers and judges, not by the people who are supposed to cast the ballots.


No matter if we are talking general elections or annual elections in condominium or homeowners’ associations, the fight is on. Election and recall cases are by far the most causes for arbitration filings, but with the momentary staffing of the arbitration section of the Division of Florida Land Sales, Condominiums and Mobile Homes it’s like playing the lottery: Nobody knows if they will win or lose since it seems that the arbitrators employed in the moment forgot to read FS 718 or FS 720 – or the Florida Administrative Code dealing with elections and recalls in community associations.


In addition to the incompetence of these arbitrators Florida legislators didn’t do a real good job creating a clear wording for election procedures. While FS 718.112 (The Condo Act) creates some good guide-lines for election procedures, FS 720.306 (The HOA Act) allows about every procedure that can only be considered totally unethical and definitely doesn’t create fair elections.


How about a nominating committee, consisting of husbands and wives of incumbent board members, actually deciding the elections by disqualifying any other owners in good standing for no reason, allowing only their “buddies” to be on the ballot that is being mailed out. FAIR ELECTIONS?


Elections in Florida are a joke – and they even make headlines in foreign countries.


We are sending former presidents to other countries to observe their elections. How about we are getting elections in our country straightened out before we are trying to tell other countries how to hold fair elections?

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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: 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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