By Jan Bergemann

Published January 18, 2019


No doubt, the idea behind requiring condo associations to have a website where all official documents are accessible for owners on a password-protected site was great. It was supposed to limit the number of record requests and the number of complaints and litigation for associations not fulfilling these record requests in a timely manner – or not at all.


These problems with record requests are mainly caused by the fact that the Division of Florida Condominiums, Timeshares, and Mobile Homes under the so-called leadership of Director Kevin Stanfield plainly ignores the fact that FS 718.501(7) requires the Division to issue a subpoena requiring production of the requested records where the records are kept pursuant to FS 718.112 “if a unit owner presents the division with proof that the unit owner has requested access to official records in writing by certified mail, and that after 10 days the unit owner again made the same request for access to official records in writing by certified mail, and that more than 10 days has elapsed since the second request and the association has still failed or refused to provide access to official records as required by this chapter.


It seems to me that Stanfield thinks that his politically connected wife gives him enough cover to ignore the laws created by the Florida legislature.


But, as usual, the Florida legislature failed to add enforcement to this new law. The wording of the law clearly fails to tell associations of more than 150 units what happens if the website with all the detailed requirements is not published on January 1, 2019. Most likely nothing, because the Division will again find ways not to get involved – or drag their feet without getting anything achieved. I already received complaints from unit-owners looking for the website of their association in vain after January 1.


Will this new law turn out to be another waste of paper?


Let’s face it: The $4 paid by condo owners annually into the so-called Condo Trust Fund (FS718.509) is just a waste of money and in reality only serves the purpose of creating extra funds to be spent by the legislature without being used for the purpose intended.. Nothing has changed since I wrote in 2011 the Op-Ed:




And if our new Governor Ron DeSantis is thinking of more deregulation and making our government smaller, the Division of Florida Condominiums, Timeshares, and Mobile Homes is most likely the place to start here in Florida. I don’t think that there is another government agency here in Florida that is wasting more money of Florida citizens without being in any way useful for the people paying for the salaries of the Division employees.

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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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