THE “EMINENT DOMAIN BILL FOR CONDOS”

By Jan Bergemann

Published October 3, 2014

   

In my opinion it was bad enough when legislators pushed by attorney lobbying groups passed in 2007  bill we immediately named the “Eminent Domain Bill For Condos” – as soon as this bill was published.

 

We wrote e-mails and made telephone calls to the sponsors of the bill, Senator Steven Geller and State Representative Elaine Schwartz, warning them of the downfall of this amendment to FS 718.117(3) – allowing an optional termination of the condominium form of ownership for all or a portion of the condominium property pursuant to a plan of termination approved by at least 80 percent of the total voting interests of the condominium.

 

Despite the fact that both of these legislators are attorneys by profession and should have been able to read between the lines and should have realized the serious repercussions this bill would have on the remaining condo owners, who made every payment required, but could be kicked out of their homes being paid peanuts. That’s when the American Dream of homeownership turned into nightmares for the owners who – in good faith – believed that their home is their home as long as they pay mortgage, property taxes and insurance and monthly maintenance dues.

 

WAKE UP PEOPLE: That may be true everywhere but not in FRAUD FRIENDLY FLORIDA where legislators enact bills that allow greedy investors to kick families out of their homes paying them peanuts.

 

But what’s in my opinion even more disgusting is the fact that the attorneys and law firms that were publicly pushing this bill, even testifying in front of legislative committees, are now “washing their hands in innocence” – now that the media is tearing this bill apart, showing the downfall of these amendments to FS 718.117 enacted in 2007.

 

They now claim that they didn’t realize what damage the bill would do to good families who invested their life-savings into the American Dream.

 

MAKE NO MISTAKE: A very similar version of this bill was vetoed by Governor Bush, who wrote in his Veto Letter for SB 1556 (2006) that he vetoed the bill because of the “only” 80% requirement to vote on termination. What more obvious warning is needed to make these “smart” attorneys realize what issues this bill has?

 

If these attorneys, who normally claim they know it all, can’t see the clear writing on the wall they might look for other kinds of occupation since they are clearly unable to see obvious downfalls in the bills they are pushing.

 

To me it seems that lots of Florida families are now losing their homes because of the incompetence of these legislators and lawyers!


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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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