By Jan Bergemann

Published February 9, 2024


Many provisions were added to Florida Statutes 468.431-438 – the statutes regulating community association management, but nothing really worked. The DBPR division of CAM Licensing is a toothless tiger, unwilling to do their job. And they still allow the CAM defense – also known as the Nuremberg defense: The board told us to do it! That defense didn’t work in Nuremberg, but it works in Tallahassee.


No matter what the excuse: There are many ad actors among community association management companies and managers. Over the years I have heard the weirdest stories about total incompetence or willful violations of existing laws.


We see it all over our nation: Only serious punitive damages work in order to deter bad actors from ignoring and/or violating the rules and laws.


I have to applaud Representative Vicki Lopez (HB 1021) and Senator Jennifer Bradley (SB 1178) for finally pushing bills in Tallahassee that will finally create punitive damages for bad actors.


Management companies should pay a high price when it comes to non-compliance of giving back ALL association documents after their contract was terminated. Just being mad about their contract being terminated doesn’t justify violating the laws.


I heard once the story of a management company using the excuse: All records were destroyed by a hurricane. Guess what? There was no hurricane in the time-period! But CAM Licensing accepted the excuse!


Hopefully one of the companion bills (in a not watered-down version) will end up on the Governor’s desk for his signature!


It is high time that CAMs are finally reined in and have to fear serious punitive damages for violating the laws.

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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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