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 [See 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 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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