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ELECTION DISPUTES?
By
Jan Bergemann
Published January 24, 2025
We have this week, because of the results of the general
election in November, a new President in the White House. This
time the election results were published rather fast, without
lengthy disputes and law suits. But there is still the serious
debate if voters have to show picture ID in order to prove if
they are eligible to vote.
Elections in community associations are the second most
litigated issues in these associations, closely behind record
requests. The language in the statutes regulating elections
differs widely. While condominiums and co-ops (FS 718 + FS
719) carry pretty detailed provisions, the provisions for
elections in homeowners’ associations (HOA ACT FS 720.306)
are more than just vague.
Add to these problems the fact that some communities now start
to claim that the existing provisions in these statutes don’t
apply to them since the wording in their governing documents
lacks the so-called Kaufman language:
“as it may be amended from
time to time,” or
words of similar import. As long as the Florida Legislature is
not taking care of the “Kaufman Language” problem, we
will have total chaos in our associations. What does it help to
create new laws if half of the associations don’t have to obey
by it?
We always hear that fair elections are the cornerstone of
Democracy, but it seems that our legislators are not very
interested in creating democracy in community associations – or
why don’t they create laws that would make cheating in community
association elections much more difficult?
We always hear people complaining about lack of money in
association funds. Maybe associations would save a lot of money
– and spend it on maintenance – if the laws would be clearer and
more detailed – so law firms can’t just read “between the
lines”.
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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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