ILLEGAL IS ILLEGAL!
By
Jan Bergemann
Published
March 17, 2017
I agree with Eric and Darlys on one issue: The bill has legal
flaws and needs some re-wording, but in my opinion the authors
of the bill did a great job pinpointing some of the serious
issues condo-owners in Florida are facing.
Otherwise the bill is a great start trying to fight scams, fraud
and embezzlement in Florida’s condominiums. What I don’t
understand is the fact that the bill ignores the owners of more
than 2.5 million owners of property within homeowners
associations (FS 720), who definitely have the
same problems.
I always have a
hard time understanding why many people in this country don’t
seem to understand the meaning of the word "ILLEGAL".
Why do so many people want to be “politically correct” –
and let people go unpunished who knowingly and willfully ignore
and/or violate the laws.
Hiding records, by knowingly and willfully ignoring official
record requests, is pretty common in associations – and we have
seen over the years that just creating stronger wording in the
statutes hasn’t changed one little bit. So, maybe criminal
prosecution of the guilty parties may be the right way to go.
Don’t forget: Why should boards ignore simple record requests if
they have nothing to hide? They rather spend lots of association
funds on their attorneys trying to drag out the required
inspection of the records.
Isn’t it funny that the “specialized” law firms are loudly
opposing criminal prosecution of their clients, the ones that
sign their checks?
And I really get more than a good laugh when hearing the most
ridiculous argument coming from these attorneys: We are losing
the volunteers willing to “serve” on the boards!”
Give me a break: I consider this argument outright stupid! Who
wants board members who knowingly and willfully ignore the laws
serving on our association boards ?
There are too many board members with private
agendas anyway, and, as we have seen especially through media
reports in the last year, quite a few of them
love to have their hands in the cookie jar.
Ignoring record requests shows me that the board – or specific
members of the board, have something to hide – and allowing the
association attorney to use association money to cover up the
wrong-doings is definitely the wrong way to go. In the end it
just creates bigger damages.
Let’s be honest: Many of our associations have serious issues
caused by board members – and “their” service-providers – who
act under the cover of being indemnified – and nothing can
happen to them, even if they are caught with the hands in the
cookie-jar.
Since nothing else helped, CRIMINAL
PROSECUTION is definitely the right way to go! I’m
definitely all for it!
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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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