By Jan Bergemann

Published February 1, 2019


The Florida Legislature – in its infinite wisdom – created FS 720.303(2)(e), another way to preserve the CC&Rs from extinguishment under the Marketable Record Title Act (FS 712).


But is there really a desirability among the owners to preserve the CC&Rs after the 30 years of living in a community where contract law supersedes our US Constitution? From the many e-mails I receive daily it seems to me that many owners realized over the years that living in an HOA actually means that you are leaving the American Zone as my friend Shu Bartholomew always says at the beginning of her weekly radio show.


Many owners seem to feel that they are living in a dictatorship where election laws are really non-existent and a sitting board can manipulate the bylaws so no other candidate but the chosen few can be elected.


Is that how you want to continue living after finding out what homeowners’ association living is all about?


Here is my suggestion to avoid the renewal of the CC&Rs if you so desire: Vote in board members that feel like you – and who will decide not to file the necessary papers to preserve the covenants and restrictions. Once the time passed you are no longer living in a mandatory HOA where board members can black mail you into paying unjust fines or foreclosing on your home because you criticized their actions.


And if the CC&Rs are not preserved, you can finally say: FREE AT LAST!

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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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