“SNOWBIRDS”: 

LOVE THEM OR HATE THEM?

By Jan Bergemann

Published June 8, 2012

 

Snowbirds are common in Florida – and so are the problems connected with owners who are not in residence for most of the year. But believe it or not -- there are actually communities where the only residents in summer are the manager and the security guard – everybody else is up North.

 

In mixed communities there are often “wars” being waged between the year-long residents and the snowbirds. And despite the fact that snowbirds pay the same monthly maintenance fees as the year-long residents, we often see the permanent residents trying to limit the rights of the snowbirds.

 

Let’s make it very clear: Rules requiring board members to be in residence for 6 months + 1 day etc. are a clear violation of Florida statutes. Make no mistake: “Snowbird” owners have the same right to serve on the board of directors as any other owner in good standing. If you look in the statutes you will not find any residency requirements in the eligibility provisions for board members.

 

We see resident-owners campaigning against snowbirds: “They are never there when needed!” With today’s communication technology that is not necessarily true.


But then you have the boards in some associations where snowbirds are the majority of owners, who vote their fellow snowbirds into office. Much to the dismay of the year-long residents, who complain that there are no board meetings all summer long – with the board president making decisions by phone or by e-mail. That’s neither a good solution, because association business goes on – no matter if the snowbirds are in residence or not.

 

In recent years we saw fights popping up over the question: Should snowbirds be allowed to put up their hurricane shutters before they leave for the summer? I think it’s not really worth fighting over, since many hurricane shutters available on the market are more or less “invisible.” Boards should consider that option when making the rules regarding the kind of hurricane shutters that are “allowed” by the rules of the architectural review committee. If the hurricane shutters are barely visible, there is no argument over snowbirds installing the hurricane shutters before leaving for up North. They are “invisible”!

 

Many of the hurricane shutters on the market are in reality serving double duty as protection against burglaries. Some of the models on the market are imported from Europe, where they are actually used to prevent break-ins. In Europe they don’t have hurricanes – just lots of nasty weather sometimes.

 

There are lots of stories about fights between snowbirds and year-long residents. I have heard my share of these sometimes ugly stories over the years. Most of the fights really go nowhere – besides costing everybody lots of money in legal fees.

 

Year-long residents should see as well the advantage of neighboring units not being occupied all summer long: Pool much less occupied, tee-off times on the golf course more easily available and nobody coming home to the unit above at 2 o’clock in the morning wearing stiletto heels on tile floors. Always see the positive side!

  

This argument is like everything else in life: There are always two sides to the story – and life is too short to argue about it. Snowbirds or year-long residents – all are owners who, hopefully, pay their fair share to maintain the property and pay the bills.

 

Like Eric always says: “Why can’t we be friends?”


 
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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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