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HOW TO KILL A PERFECTLY GOOD BILL?
By
Jan Bergemann
Published May 12, 2023
Ask the
EXPERT: Incoming speaker State Representative DANIEL
PEREZ (R-Miami- Distr.116)! In my opinion the great State of
Florida would have been much better off if he would have left
his dictatorial attitude in New York, where he actually came
from. The champion of special interests – mainly association
attorneys – butchered a perfectly good bill that would – in its
original form -- have helped Florida’s home-owners and
condo-owners dealing with scams, kickbacks, embezzlement, fraud
and fraudulent voting activities.
When
Senator Ana Maria Rodriguez (SB
1114) and State Representative Juan Carlos Porras (HB
919) filed the companion bills dubbed “Community
Association Bill of Rights”, all members of Florida’s
community associations cheered, hoping that this bill would
finally end the massive fraud and embezzlement we are seeing in
many of these communities. Remember: Juan Carlos Porras
represents the district that includes the
HAMMOCKS COMMUNITY
ASSOCIATION INCORPORATED, the community where the appointed
receiver is dealing with fraud and embezzlement in the amount of
more than $4 million.
HB919/SB1114 was a great bill that included great enforcement
provisions and was aiming at ending the financial bleeding in
Florida’s community associations.
But when Daniel Perez was done butchering this bill, there was
barely anything left for owners to cheer about. All provisions
helping condo owners (FS 718) were totally eliminated and the
provisions for HOAs (FS 720) were mostly cut back, with no
enforcement whatsoever left. Again: Homeowners have to use their
own money and litigate in order to enforce the provisions left
in the final version of the bill. We know where that’s going,
right? Let’s bankrupt some more families!
If the Florida Bar would hold a ceremony to award an OSCAR
for outstanding services in Tallahassee DANIEL PEREZ
would be the winner.
The sad remains of the once great bill (HB919
E2) are creating nothing but more lawsuits and will
definitely not deter the “bad” guys from continuing to fleece
the members of community associations.
From what I’m hearing in e-mails and telephone calls, the new
champion of Florida’s community association members will be
Miami-Dade State Attorney Katherine Fernandez Rundle. She
fought hard to go after the bad guys and to create a bill that
would help owners to get justice back into their communities.
The problem for Republicans: She is most likely running for
higher office – as a Democrat – and will get the votes of many
folks living in community associations.
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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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