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 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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