THE WAR OVER CAMPAIGN SIGNS!
By
Jan Bergemann
Published
February 5, 2016
Every two years – when the time for the
general elections comes close -- the fight over election
campaign signs heats up. Year for year we read the wildest
stories in the media. Stories about homeowners trying to defend
their constitutional rights and board members and community
association managers explaining that the Constitution is locked
out at the gate and only the association rules are valid!
A few years back even a candidate for city
mayor got a “violation” letter from her HOA telling her to
remove her campaign-sign from her front-yard – or else! She
complied – trying to be a good neighbor.
But look, last I heard Florida is still part
of America – the official language is still supposed to be
English – and campaign signs are part of our daily life. You
want your neighbors to know who your candidate of choice is.
That means you need to take the necessary action to outfox your
neighborhood fining committee.
They are using rules, so you have to use
rules to beat them in their own game. The rule you can use to
your advantage is FS 720.305(2)(b)
A fine or suspension may not be imposed by
the board of administration without at least 14 days’ notice to
the person sought to be fined or suspended and an opportunity
for a hearing before a committee of at least three members
appointed by the board who are not officers, directors, or
employees of the association, or the spouse, parent, child,
brother, or sister of an officer, director, or employee.
It gives you minimum 14 days to cure the
violation – after receiving a letter saying that the campaign
sign in your front-yard is actually violating community rules.
Ok – let’s do the counting: It definitely
takes the association a few days to send you the required letter
advising you of the violation. Receiving the letter actually
starts the clock ticking. In the meanwhile about three weeks are
gone by since you put the signs up in your front-yard.
The board, required to vote on fining you for
a violation of the community rules at a public noticed meeting,
is definitely not holding board meetings daily – giving you a
few more days to show your neighbors which of the candidates for
office you support.
With other words: You have more than four
weeks’ time to observe the constitutional rights of Freedom of
Speech.
Never forget: When entering a mandatory
homeowners’ association in Florida you are leaving the
AMERICAN ZONE!
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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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