DOES ASSOCIATION MONEY GROW ON
TREES?
By
Jan Bergemann
Published
June 18, 2016
If you see how often association money is being spent on items
that are not really common interest property one has to wonder
if some board members think that association money is growing on
trees?
The money owners are paying are normally called “MAINTENANCE
FEES.” And the name says it all: It’s supposed to
maintain – and beautify – the common interest property of the
association – and to pay for managing the community.
Not only do the Florida statues provide a list of things these
association funds can be used for, most governing documents even
have a paragraph headlined “USE OF FEES” – or some similar
language, which explain in detail where these “fees” can be used
for. Make sure you understand: What’s not on these lists can’t
be added by “inventive” board members, managers and/or
attorneys!
But from the many “stories” I hear nearly on a daily basis many
board members obviously think that the money is there to be
spend on whatever they feel fit.
Eric already mentioned in his blog on Monday Christmas bonuses
and similar expenses as a clear “NO, NO!” But you can add to it
Christmas parties for employees, dinners for board members etc.
I think you get the drift?
There is a long list of other things association money can’t be
used for, starting with lobbying fees and/or paying association
money to lobbying groups or political campaigns.
Or talking about spending “real” money:
-
Buying units/homes
after foreclosure, even paying off the existing mortgages.
-
Buying the golf course
from the bankrupt developer.
-
Buying “neighboring”
land that was not originally platted as part of the
community.
You name it:
IT CAN'T
BE DONE! The fees owners
are paying into the association funds are called maintenance
fees for a reason!
And despite other rumors: Money is not
growing on trees! Board
members should manage the funds wisely!
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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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