HOA DEVELOPER BAIL-OUT BILL: 

H1013 – NO MORE WARRANTIES!

By Jan Bergemann

Published April 14, 2012

 

This year the Florida legislature obviously tried to bail out everybody who helped to cause our economy and real-estate market to crash: From bankers to developers – all the folks who caused the serious problems in the Florida real-estate market obviously deserved to be bailed out – according to our elected officials – at the expense of the homeowners living in homeowners’ associations.

 

H1013 – soon waiting for the signature of Governor Rick Scott – made it through the legislature, with the YEA votes of 36 Senators and 106 House Representatives. This bill is another example that Florida's legislators listen to special interest and their lobbyists, not to the people who voted them into office. I call this method: Repayment of Campaign Funds!

 

This bill makes absolutely no sense and will deter even more retirees from choosing the former Sunshine State as their retirement home. Who wants to buy into a community where the law allows the developer to build subpar “offsite improvements” without being liable for his shoddy work?

 

According to the enrolled version of H 1013, the term "offsite improvement" means:
The street, road, driveway, sidewalk, drainage, utilities, or any other improvement or structure that is not located on or under the lot on which a new home is constructed. In other words: All the so-called common areas.

If this bill is enacted, developers can create subpar roads and drainage systems and charge homeowners a lot of money for those items -- and then leave homeowners with nothing but expensive repairs. No more warranties for faulty construction of common elements -- and this bill even wants to make this retro-active!

If this bill is signed into law by Governor Rick Scott, anybody who still buys into a developer-controlled community commits financial suicide!

 

Are laws like this supposed to help luring more retirees into financial traps?

Everybody in his/her right mind – living in a developer-controlled subdivision or not – should write to Governor Rick Scott to please VETO this ill-advised bill.

 

For more detail, please see: http://www.ccfj.net/LEGSESS12H1013VETO.html

 

Why are our legislators so hell-bent on destroying Florida's formerly stellar reputation as the Number One Retirement State?


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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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