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VOLUNTARY MEANS VOLUNTARY – NOT
MANDATORY!
By
Jan Bergemann
Published
August 2, 2013
I
always wonder why certain people don’t want to understand the
big difference between the words “VOLUNTARY”
and “MANDATORY”
– what’s so difficult?
A
community that was created as a voluntary association – or
civic association – can only be changed to a mandatory
association by the written approval of ALL deeded owners. So
says the law!
Some
“smart” board members and their attorneys have
unsuccessfully tried to use the revitalization process that was
created as result of the HOA Task Force Bill in 2004 (FS
720.403-720.407)
to turn a voluntary association into a mandatory association. A
little hint to these “smart” folks: You can only revitalize
what has been in existence before. Revitalization doesn’t mean
that you can create something that never existed before.
Especially
licensed attorneys, who supposedly passed the BAR exam, should
know better. I really have to laugh sometimes about the
reasoning used by these attorneys trying to make the impossible
possible – by twisting words.
And
it’s just amazing to see what methods certain board members
use trying to force neighbors into joining a mandatory
association that never existed before. From threats of shutting
off the water to threatening neighbors with a gun – we have
seen it all, especially here in Central Florida where many older
communities were created as civic associations, but have certain
amenities serving – and are common property of -- the owners
living in this “voluntary” association.
How
do you think some owners living since 30 years in a civic
association felt when they received a letter written by an
attorney telling them that their water would be shut off if they
don’t sign a joinder making them a member of a newly formed
mandatory homeowners’ association?
Owners
in another voluntary association looked into the barrel of a gun
when they tried to enter common property, fenced in by the board
president who wants everybody to join “his” mandatory
association. The real joke: A deputy called by these owners
after being threatened with a gun explained that the board
president was within his rights – he was “protecting” his
fence. Some deputies really don’t have much understanding of
the laws. I think that’s one of the reasons why a lot of folks
claim the name of this state should be spelled “FLORI-DUH!”
Neighborhood
wars are pretty common, but when these wars are based on the
totally false interpretation of the word voluntary, it’s
really getting ridiculous.
Before
starting a war over the interpretation of the word
“voluntary” board members should check the “Merriam
Webster” dictionary in case they just had the measles when the
word “voluntary” was explained in school:
Definition
of VOLUNTARY
1: proceeding from the will or from
one's own choice or consent
2: unconstrained by interference :
self-determining
3: done by design or intention :
intentional <voluntary manslaughter>
4: of, relating to, subject to, or
regulated by the will <voluntary behavior>
5: having power of free choice
6: provided or supported by voluntary
action <a voluntary organization>
7: acting or done of one's own free will
without valuable consideration or legal obligation
Lots
of good owners’ money has been wasted by dictatorial-minded
board members who were not happy to rule over a voluntary
kingdom. Their way of thinking: Any good “DICTATORSHIP” has to be MANDATORY!
And
these "dictators" try any “method” to
convince their neighbors that as of now – as soon as they made
the decision – the civic association is a mandatory
homeowners’ association – without asking for the consent of
neighbors.
From
plain blackmail to the threat of physical harm everything seems
to be allowed in these neighborhood wars – and not even
attorneys seem to be ashamed to support such dictatorships. I
guess billing hours are more important than ethics?
We
have seen many wars over this issue: Mandatory
-- or just voluntary Homeowners' Association?
To give all the folks living in
these civic associations a peace of mind: To my knowledge none
of these “dictators” ever won the war! But even the attempt
to create new dictatorships is really frustrating for owners who
choose to live in a voluntary civic association!
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