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 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: 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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