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HB 437 – WILL THE BILL REALLY HELP OWNERS?
By
Jan Bergemann
Published June 16, 2023
I don’t think the provisions of this bill (CHAPTER
2023-64) will really help owners. There is
absolutely no enforcement provided in the bill – and owners are
again on their own. Enforcement of these provisions: Litigation
– at the expense of the owners!
Since the year 2000 the fight over flying flags in community
associations is being waged on in courts and the Florida
Legislature. It all started with the “Jupiter
Flag Man”, a veteran flying “Old Glory” in his front
yard, much to the dismay of the board members of the Indian
Creek Phase III-B
HOA in Jupiter. After a lengthy court battle George
Andres finally got a very favorable ruling in Appeals Court!
Since 2002 the Florida Legislature is enacting laws dealing with
the right of owners to fly flags. Every few years some more
flags are added, but some can only fly on specific days.
But if you think, that all these laws would have prevented
associations from suing owners who “dare” to fly flags – you are
dead-wrong. On our website “The
Battle over Old Glory” you’ll find a collection of
articles dealing with fights over flying flags. I’m not very
optimistic about this bill stopping litigation over the right to
fly flags on one’s own property.
A last minute added provision to the bill creates FS
720.3045: Prohibiting homeowners’ associations from
restricting parcel owners and their tenants from installing,
displaying, or storing items on parcels under certain
circumstances.
This will be very much a fight over the interpretation of the
wording of this provision. Even backyards of property located in
HOAs can be viewed from different angles, making it nearly
impossible to hide certain “items” from being seen. Don’t
forget: A wide majority of governing docs disallow the erection
of fences. So, how can you hide your boat or camper – for
example – from public view?
Or was this bill meant to protect owners from drones with
cameras some HOAs have used to “spy” on neighbors backyards?
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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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