LET’S INVENT SOME EXTRA HOLIDAYS!
By
Jan Bergemann
Published
July 31, 2015
When I was first told that a condo board
waited six (6) business days to hold the recall meeting required
by law [FS 718.112(2)(j) ]: The board of
administration shall duly notice and hold a meeting of the board
within 5 full business days after receipt of the agreement in
writing.] I actually thought it was a joke – until I saw it
in writing in the arbitration filing.
Believe it or not: The reasoning of the
attorney for the association: One of the “business” days
in question was actually a holiday. And it
even gets better: He named Jefferson Davis’ birthday
(June 3) as the reason for having that holiday. Just in case you
are not familiar with American history:
Jefferson Davis was
the President of the Confederate States of America during the
American Civil War (1861–1865).
Let’s face it: Only winners make for
holidays. As you can imagine, the recall was certified by the
arbitrator [Se e
FINAL SUMMARY ORDER]
– no matter how many affidavits the association attorney filed,
affidavits claiming that Jefferson Davis' birthday
really is an official holiday.
Actually, I’m still laughing! That was one of
the funniest “excuses” I have seen over the years in recall
arbitration filings. I’m still not quite sure if the attorney
wasn’t kidding. In all reality: The affidavits actually got the
CAM in hot water. Obviously the CAM and the association attorney
forgot to read a recent Florida Supreme Court ruling.
The Final Summary Order contained another
very interesting sentence – especially aimed at the board
members who claim they know it all and file the ridiculous
“I-Know-It-All” affidavit instead of taking a few hours of their
time to visit one of the many Board Certification Seminars
offered for free all over Florida.
This is what the arbitrator had to
say: “The educational curriculum instructs board members on
the Florida Administrative Code. If the Association board
members decided to educate themselves rather than complete the
education curriculum, they did so at their own peril.”
On the other hand I think the attorney should
have known better and should have stated some other excuses in
the original arbitration filing – excuses that are not so
ridiculous.
For future references: Not every birthday of
a well-known historical figure is a
holiday – no matter how people feel about that person. Imagine
the outcry if Germany would make April 20 a national holiday?
So, the good guys won and can now work on
making the Aquarius a nice condo with beach view
again, not a place that looks like a war zone. In
case you have seen the news report: “Is
this the condo from hell?” you know why owners
recalled part of the board.
Remember if you have problems in your
community: Recalling the board is still the easiest and
least expensive way to remove board members who obviously have a
problem doing things right!
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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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