HOW DIFFICULT CAN IT BE TO REGISTER AN HOA?

By Jan Bergemann

Published December 13, 2013

      

Honestly, when I first saw the form the DBPR developed to register HOAs as required by FS720.303(13) I thought it would be real easy to follow the instructions. But it seems that many folks who are managing our HOAs are unable to follow simple instructions written in clear English. It’s just amazing that these folks – some of them making big bucks -- can’t read and answer simple questions.

  

Looking at the List of Registered HOAs published by the DBPR – the list is being updated every few days – you‘ll not only find master associations and their subdivisions registered twice, but you find as well quite a few voluntary associations that registered as mandatory associations, because some boards just don’t want to accept that their association is only voluntary, meaning they don’t have dictatorial powers over their neighbors they so crave! They obviously seem to think that registering their “social club” as a mandatory HOA with the DBPR makes a mandatory HOA out of their community.

  

Others just didn’t register at all – even if they were required – for various reasons. Some boards just don’t know – the main media hasn’t been very forthcoming with publishing articles about this new important requirement, others just ignore the requirement on purpose: “They just don’t have the power to force us to register anyway!

 

I guess we are all used to that kind of attitude. Many board members and service providers plainly count on the fact that there maybe laws in place, but no easy tool to enforce these laws – creating the attitude: “Why should we care about laws nobody can really enforce?

 

Hopefully that will change soon. Even if this list of registered HOAs isn’t perfect it gives us a very good idea how many HOAs we have in Florida and how many parcels are located within these HOAs. And that should be, according to statements made by Florida legislators during the last legislative session, sufficient to have the numbers needed to make the decision to put mandatory HOAs (regulated by FS 720) as well under the jurisdiction of the Division of Florida Condominiums, Timeshares, and Mobile Homes. I can assure you that we will do anything in our power to convince Florida ’s legislature that it is time to enact our HOA REFORM BILL PART II and finally protect the owners living in Florida's HOAs against abuses. 

 

CONSUMER PROTECTION is the MAGIC WORD!


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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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