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MATERIAL
ALTERATIONS – HOW DIFFICULT CAN IT BE?
By
Jan Bergemann
Published
January 17, 2014
It’s
just amazing how two simple words can create such a multitude of
interpretations. As you have seen in Eric’s
blog on Monday even the arbitrators from the same
Division come to different conclusions and makes things more
difficult than they should really be.
And
the fact that the provisions in FS 718 (condominiums) and FS 720
(HOAs) differ widely doesn’t make things easier to understand
for everybody involved.
You
often hear the simple rule of thumb: Anything that changes COLOR,
MATERIAL and/or the WAY IT LOOK are
Material Alterations. But it's just not that simple and the
fight is on – as you have seen in the arbitration rulings Eric
posted as examples.
Litigating
the issue of “Material Alterations” can be very expensive --
the “an arm and a leg” cost comes to mind.
The
only way to avoid serious financial damage – and lots of
frustration – is by making sure that all is done using common
sense, meaning: If you are not 100% sure that you are correct,
use the safe way!
You often get the advice: Ask your association attorney before
making any decision. Honestly, that maybe advice coming from
attorneys, but it’s not foolproof as you can see from many
arbitration rulings. And the attorney sure will not pay for the
changes the association has to make according to the
arbitrator's ruling.
My
advice to ASSOCIATION BOARDS – if in doubt: Rather go
through the burdensome requirement of getting the vote of
approval from the membership instead of losing in litigation and
having to redo the whole "alteration" again.
My
advice to OWNERS: Don’t sue until you are 99% sure you
will win in litigation. It may cost you a lot of money and the
mockery of your neighbors if you "mis"-interpreted the
wording of the statutes!
This
is just another example how association laws complicate issues
that should really be simple!
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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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