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ILLOGICAL JUDGE REQUIRES CHANGE
OF STATUTES
By
Jan Bergemann
Published April 13, 2018
Among all the nonsense contained in HB 841 is a
provision that actually makes sense, even if it was only
necessary to clarify the language after the nonsense
ruling of an illogical judge.
Imagine a judge who rules that a vote to allow a material
alteration can be held long after the material alteration took
place? Remember: If the vote wouldnt pass the whole work would
have to be redone and all the money would be wasted? There are
various arbitration rulings where material alterations had to be
redone because the board had the work done without having the
required membership vote.
Any person with a normal mind would have assumed that a vote
allowing a material alteration if so required by law would
have to take place before the work started. Not so this
judge! He allowed the vote to take place long after the work was
done and allowed the board in my opinion to violate the
Florida statutes.
The newly added language [before the material
alterations or substantial additions are commenced. This
paragraph is intended to clarify existing law and applies to
associations existing on July 1, 2018.] should
definitely convince even an illogical judge that the vote has to
take place BEFORE the work for the material alteration
commences.
I guess you know my reasoning for the in my opinion
incompetence of many lower court judges: Many of them are
attorneys who failed in private practice and needed a paying
job. For them the step to become a judge is just a necessity to
make good money. And thats why we are often get rulings that
make no or very little sense.
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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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