By Jan Bergemann

Published February 15, 2019


In our sue-happy society it just happens all too often. Many of these lawsuits are in my opinion frivolous -- and there should be a serious penalty for attorneys who file these frivolous lawsuits that will do nothing but create income for the attorneys.


That already starts with these often useless cease-and-desist letters some attorneys are creating in mass-production  -- and charging lots of money for it – even if they know that their claims are about as ridiculous as it gets.


If common sense would prevail, the parties would sit down and talk things over instead of burdening the courts with nonsense.


But if you are being served with a lawsuit – no matter frivolous or not – make sure you observe the dead-lines. No matter if you think the lawsuit is frivolous or has absolutely no merits, make sure the court receives an answer in a timely manner.


Just ignoring the lawsuit gets you in deep doo-doo. Even if the claims in the lawsuit have no merits, ignoring the lawsuit you are being served with is just empowering the opposition.


No matter what you decide to do, make sure that your insurance carrier is informed in a timely manner. Not only associations are being insured if a lawsuit is filed against them, many homeowners carry certain types of insurance against lawsuits in their property owners’ policy.


Just a little hint for owners: If you have a dispute with your community association, make sure that the association has to sue you, the owner. Remember: If you are the plaintiff, you will fight the attorney of an insurance company with deep pockets. And many of these insurance attorneys have a tendency to fight you not with merits of the actual case, but by bleeding you financially dry, creating lots of cost trying to avoid you seeing the inside of a court room for trial.


As Darlys said in her blog: TIME IS OF ESSENCE!

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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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