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CAMs ARE UNDER MORE SCRUTINY
By
Jan Bergemann
Published March 22, 2024
Eric described in his blog on Monday the relatively easy parts
of HB 1203 for CAMs to follow – more education, participation
and transparency.
But if you read further down in the bill CAMs are as well named
in two other very important provisions:
FS 720.303(5)(d)
Any director or member of the board or association or a
community association manager who knowingly,
willfully, and repeatedly violates paragraph (a), with the
intent of causing harm to the association or one or more of its
members, commits a misdemeanor of the second degree, punishable
as provided in s. 775.082 or s. 775.083. For purposes of this
paragraph, the term “repeatedly” means two or more violations
within a 12-month period.
There are quite a few managers here in Florida who will surely
fall under this category!
And then there is:
FS 720.3033(3)
An officer, a director, or a manager may not solicit, offer
to accept, or accept a kickback. As used in this subsection, the
term “kickback” means anything or service of value for which
consideration has not been provided for an officer’s, a
director’s, or a manager’s his or her benefit or for the benefit
of a member of his or her immediate family from any person
providing or proposing to provide goods or services to the
association. An officer, a director, or a manager
who knowingly solicits, offers to accept, or accepts a anything
or service of value or kickback commits a felony of the third
degree, punishable as provided in s. 775.082, 775.083, or s.
775.084, and for which consideration has not been provided for
his or her own benefit or that of his or her immediate family
from any person providing or proposing to provide goods or
services to the association is subject to monetary damages under
s. 617.0834.
Talking kickbacks: Some management companies openly ask for “KICKBACKS”
by demanding contractors to sign up for a so-called “PREFERRED
VENDORS” list or their bids for contracts will not be
accepted. Guess what? They charge money for contractors to sign
up. What would you call it?
I just hope that all these new provisions – and a strengthened
CAM LICENSING DEPARTMENT will finally stop all this nonsense
that is going on – at the expense of the owners!
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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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