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MANDATORY WEBSITES?
By
Jan Bergemann
Published May 10, 2024
It seems like the
Florida Legislature is betting on websites in order to solve the
permanent problem of record requests. Record requests are one of
the most common grounds for litigation in community
associations. We have seen examples of boards spending hundreds
of thousands of dollars trying to hide the records – even trying
to convince a Federal Court that record requests are “illegal”.
In the recent
legislative session the Florida legislature enacted two bills:
HB 1021 (Condominiums) and
HB 1203 (Homeowners’ Associations). Both bills mandate
websites depending on the size of the association (Condos: 25
units – HOAs: 100 parcels) and even explain in detail the
documents that have to be published on these websites.
The idea is great –
but how is the government agency enforcing it? Remember: Florida
has no government agency regulating HOAs and legislators are
hoping that the Division of Florida Condominiums, Timeshares,
and Mobile Homes will seriously improve its enforcement of FS
718, giving them an extra $7.1M for new staff. Time will tell?
But associations
have to be very careful about creating websites: The association
has to make sure that domain name and website are in the
possession of the association. We already hear that CAM
companies are offering to create and maintain websites.
If these websites
and domain names are not in the possession of the association,
the association will have serious problems once they want to
terminate the CAM contract.
Remember the
associations that allowed CAM companies to take their money out
of state, to banks that don’t have local branches in the
neighborhood? After terminating the CAM contract they realized
that they don’t really have access to their money – and may only
get back when and how much the CAM company is willing to give
them back. Believe me – I have heard the weirdest stories!
The same can happen
to associations if they allow a CAM company to create and
maintain the website without making sure that all is in the name
of the association. If the termination doesn’t happen amicably,
the association may be suddenly without a website.
Then what?
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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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