By Jan Bergemann

Published December 10, 2021


When in doubt about association control always check out FS 718.301.


This chapter explains in detail who controls the association by means of seats on the board. Owners are normally very eager to take control of the association, but there are still limitations set up by the Florida legislature.


As seen in the arbitration case Eric posted in his blog on Monday owners can’t recall the developer’s/bulk buyer representative as long as they have the right to keep one seat on the board. All other board seats can be recalled by the owners.


We see this happening pretty often, because developers love to see owners occupying the seats on the board who are developer-“friendly” – hoping that the board will not go after the developer for any problems caused by initial construction.


This way – and with the help of a “friendly” management company – developers often cause owners to miss the deadline to file for litigation for defects or promises not kept.


Owners should always make sure that they don’t miss these deadlines created by the Florida legislature.

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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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