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?

HTML Comment Box is loading comments...
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 !

Join the 

CCFJ Email List

For Email Marketing you can trust