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NO REGULATORY AGENCY FOR HOAs?
By
Jan Bergemann
Published August 2, 2024
Since the
HOA TASK FORCE (2003-2004) we have been asking the
Florida Legislature to add HOAs to the jurisdiction of the
Division of Condominiums, Timeshares & Mobile Homes. Financially
it would be real easy: More than 2.5 million homes are located
in Florida’ homeowners’ associations. The units of the
associations are already under the jurisdiction of the Division
are paying $4 annually. Adding more than 2.5 million homes would
enable the Division to lower the cost for all units and homes to
$2 annually – and there would still be enough money to create a
Cadillac of a regulatory agency.
But that would not be in the best interest of the so-called
service providers – especially the specialized attorneys and the
community association managers (CAM). Unregulated associations
are much easier to fleece. Homeowners are forced to spend lots
of money to fights boards – supported by association attorneys
and CAMs – to fight expensive court cases in order to enforce
the laws governing homeowners’ associations.
Before they can go to court the owners even have to go to
presuit mediation, another expense that often doesn’t go
anywhere. There are association attorneys that drag out the
mediation, make owners believe that the association is willing
to settle “under certain circumstances”, but know
from starters that there will be no settlement. It’s just dome
to make the owner pay more money before even able to file a
lawsuit.
Don’t forget: In many of these cases associations don’t really
have a defense for the violation they are accused of. Their only
defense: Bankrupt the owner financially so he/she has to settle
before reaching the court room
because the owners are running out of money
.
We have often heard board members and even attorneys telling
owners complaining at board meetings: "Sit down and shut up! You
don’t have the money to sue the association".
All this abuse of owners couldn’t happen if there would be a
regulatory agency for HOAs. The Golden Goose for attorneys and
CAMs would be killed.
But
since these folks have serious lobbying power in Tallahassee all
attempts to create a regulatory agency for HOAs have failed so
far. Will that change one day, or will property owners in HOAs
continue to be easy prey for abusive board members, specialized
attorneys and CAMs?
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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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