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MATERIAL ALTERATIONS – OR SECURITY?
By
Jan Bergemann
Published
February 3, 2017
I always have to laugh when reading
some of the rulings of the Division arbitrators. In my opinion
these guys should have long been replaced by some attorneys who
really know what they are doing.
There is plenty of money in the condo
Trust fund, to made these higher-paid positions, attracting some
talent to make these kind of rulings as Division arbitrators.
Florida condo law is very precise when
it comes to “material alterations”:
FS 718.113(2)(a)(b) + (c) are
very clear as to the requirements of the association to make
material alterations to the common elements or property. There
is no mention of any exemptions – not for security purposes or
otherwise. The decisions of the arbitrators again leave me
baffled. Where do these folks think they get the authority to c
change the written laws – the will of Florida’s legislators –
with a stroke of their pen? They don’t have it – but they
obviously don’t understand that.
Claiming that the exemption can be
permitted for security reasons – like building a wall – is
plainly ridiculous – and makes no sense at all.
Let’s make no mistake: There is no
real “security” – no matter if the association builds a wall,
adds a gate or adds security guards. Yes, it gives the people
living in the community a higher (false) sense of security, but
it adds as well some higher liability that can get very costly
for the members of the community. One example:
Vazquez v. Lago Grande Homeowners Association, Inc. (3.DCA)
And please don't
forget, the "same" arbitratorsruled that the installation of
"security" cameras is a material alteration and requires the
vote of the membership.
That leaves board
members and owners with the question: Where does "SECURITY"
start or stop -- in the opinion of these arbitrators?
People who bought into this community
bought it as is – and figured that the maintenance fees would be
accordingly. Adding “security” to the community costs more money
– money the owners have to pay – like it or not!
That’s why I think that material alterations require the vote of
the super-majority of the membership as required by the Florida
statutes – security or not!
In my opinion these arbitrators should
rethink their job: They are supposed to make rulings according
to the written laws, not interpretations to law that plainly
doesn’t exist.
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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
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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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