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THE FIGHT OVER MONEY – OR ATTORNEYS VS. CAMS?
By
Jan Bergemann
Published
May 29, 2015
Since many years the CAMS are trying to get a bigger piece of
the apple – also called money! Let’s make no mistake, this fight
is not over “what’s good for the members of community
associations” – it’s a fight caused by greed.
The CAMs were trying to tell the association board that they
could do certain work less expensive than the attorneys.
That might be true – but what about the liability for such work?
Make no mistake: There are very good, knowledgeable CAMs, but
there are as well lots of morons with a CAM license. So what
would happen if the CAM makes serious mistakes?
Guess what: The owners would have to pay for it.
And if it comes to litigation over such work done by a CAM?
Never forget: Most CAM contracts include provisions that would
require the association to cover the legal expenses for tis
lawsuit.
I think it was a good
RULING FROM THE FLORIDA SUPREME COURT – more or less
keeping the status quo, referring to the ruling made in 1996.
You may or may not like attorneys, but they are specialized
professionals with a malpractice insurance. They would have to
defend any mess they created themselves – or have their
malpractice insurance step in and pay for possible damages.
Here is my opinion:
Community Association Managers (CAMs) are supposed to manage,
being (hopefully) the right hand of the board of directors. So,
let them manage.
Attorneys are specialized in legal work, so let them do the work
they are supposed to be good at.
Or do you hire a handy-man in order to do electrical work just
because he charges less?
Maybe you do – but is it wise?
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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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