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ARE ELECTIONS REALLY “REGULATED”?
By
Jan Bergemann
Published September 3, 2021
This country really has a problem with holding election, but we
want to tell other countries how to run their election and even
sent ex-presidents to these countries to “observe” their
election.
The election provisions in the statutes regulating community
associations have more holes than a Swiss Cheese, not even
considering the uncertainty of associations having the "Kaufman"
language in their governing documents.
Elections in Florida’s community associations can be regulated
by the bylaws, meaning the board can make the rules in order to
make sure that they stay in power if so desired. Elections in
associations are a total mess and cause a myriad of arbitration
with uncertain outcome. Behind “failure to allow record
inspection” it’s the No. 2 on the list for lawsuits and/or
arbitration. And it’s really difficult to challenge the board
for “election fraud” since in election litigation the loser pays
all cost, meaning it could be an expensive deal for an owner to
file an election challenge.
And in the last 18 months many boards used the Covid-virus as an
excuse to either not hold elections at all or to rig elections,
giving opposing candidates no chance to really compete.
Elections are supposedly the cornerstone of democracy.
Well, I guess that’s why we always say that you’re “Leaving
the American Zone” when entering one of Florida’s tens
of thousands of community associations. Remember “CHECKPOINT
CHARLIE”?
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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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