10 RESOLUTIONS SOME ATTORNEYS SHOULD HAVE MADE FOR 2014

By Jan Bergemann

Published January 10, 2014

 

In this country it seems fashionable to make resolutions on New Year – resolutions often forgotten after just a few days! Since Eric described on Monday some resolutions owners should have made for the New Year, here is my Top Ten List of resolutions some (not all) community association attorneys should have made for the NEW YEAR:  

  

10.) When people ask you for sound legal advice never forget: These folks didn’t pass the BAR exam – otherwise they wouldn’t ask you; 
  9.) Read the Rules of Professional Conduct if you have a few minutes; 
  8.) Always remember: Not only BAR certified attorneys know what’s right or wrong; 
  7.) When you give advice to board members, don’t write lots of pages in Legalese; 
  6.) Don’t conduct elections with the goal to keep the board members in power who hired you; 
  5.) When giving advice to boards, always remember the statutes and the governing docs, not just the private agenda of some board members; 
  4.) When giving advice to boards, don’t be guided by the thought of increasing billing hours; 
  3.) Never forget, considering all court rulings, about 50% of all attorneys are wrong; 
  2.) Give advice advantageous to the association members, not just your wallet;   

  

And the NUMBER 1 Resolution some association attorneys should have made (drum roll):

  1. Always consider: The whole community pays the legal bills, not just the few board members who hired you!  

If quite a few community association attorneys would have made – and would follow -- these resolutions, a lot of owners of properties within community associations would be much better off financially in the year 2014 – and many future years to come!


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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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