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BASIC RIGHTS SHOULD NOT BE AMENDED
By
Jan Bergemann
Published September 20, 2019
Eric said in his blog on Monday: “AMEND TO YOUR HEART’S
CONTENT!”
I absolutely disagree. I think the Florida Supreme Court got it
all totally wrong with their decision in the case of
Woodside Village Condominium Association vs. Jahren in
2002.
For me a contract is a contract! In this country where a
contract can even supersede the US Constitution, it seems to me
that a contract is not a contract, if our justice system thinks
it’s “convenient” to ignore the contract.
Let’s be very honest, if I buy into a NO-PET community
because of my allergies I shouldn’t have to deal with a neighbor
claiming that he/she needs an emotional service pet. Don’t I
have rights too? The contract I signed said clearly: NO
PETS ALLOWED! So just because in this time and age
everybody wants to be political correct, I have to suffer from
my allergies? In my opinion the person who suddenly decides that
he/she wants a pet but decided to buy into a NO-PET
community should be the one to move, not the person who bought
into a NO-PET community for health reasons.
Another example for breach of contract rights: In order to
increase my retirement funds I buy four condo units in a
community where renting is allowed – no restrictions according
to the governing docs when I bought these units. I rely on the
wording of the contract when buying these units. But suddenly
some board members and some neighbors decide that they don’t
like to live in a community where renting is allowed without
restrictions. They amend the governing docs and suddenly I can’t
rent my units any longer. Since I can’t live in four condo-units
at the same time, I am forced to sell these units, often for an
amount that doesn’t cover my initial buying price.
WHERE ARE MY RIGHTS?
Honestly: I don’t care about being political correct: A contract
is a contract and my rights are my rights. No matter if some
judges on a Supreme Court feel otherwise!
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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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