OPEN LETTER TO GOVERNOR CHARLIE CRIST

PLEASE VETO COMMUNITY ASSOCIATION BILL S 1196


 CYBER CITIZENS FOR JUSTICE, INC.

CCFJ, Inc. Headquarters

1156 Tall Oaks Road

DeLand, FL  32720-1225

Phone:  (386) 740-1503

E-Mail: jan@ccfj.net

Web Pages:  http://www.ccfj.net/

 

 

The Honorable Charlie Crist

Governor, State of Florida

The Capitol, PL-05

400 South Monroe Street

Tallahassee , FL 32399-0001

 

“From Justice As A Foundation All Rights Flow”

 

DELAND, May 4, 2010

Please Veto COMMUNITY Association Bill S 1196

Dear Governor Charlie Crist:

   

With all due respect, I would like to ask you to veto the above bill for a variety of reasons:

   

1.)  The bill contains the same language as Senate Bill S 714, which you vetoed last year stating: "It poses an unacceptable safety risk, especially to Florida's elderly condominium residents."  No matter what you have been told, nothing has changed in regard to protection of lives, health and safety of our many elderly citizens. 

  

2.)  The bill again contains language that allows fines levied by associations to be enforced by liens and foreclosures.  That language had been removed in 2004 after the HOA Task Force heard lots of testimony from owners.  As a member of that task force during its meetings in 2003-2004, I heard horror stories of bully tactics and blackmail.  As you know, our Constitution allows only government entities to fine our citizens.  According to OPPAGA, about 2.5 million homes are located in homeowners' associations.  This provision, if allowed to be enacted, will create even more foreclosures, something Florida can ill afford.

3.)   Certain provisions in the bill allow the cost of record requests to seriously increase, while some important documents will be hidden from inspection by owners.  Instead of encouraging more transparency, these provisions would allow more business to be conducted behind closed doors, locking out the owners who pay the bills.

4.)  Certain provisions in the bill will give some boards and service providers even more dictatorial tools to subdue owners who may not agree with the actions of the board.  FREEDOM OF SPEECH and TRANSPARENCY will suffer another serious defeat – allowing community associations to turn into mini-dictatorships.

Many condo owners have been fed false information in order to gain their support for this bill.  As you know, many community associations are in serious financial distress.  The provisions in this bill will do nothing -- or very little -- to help community associations deal with the serious problems caused by unpaid dues and/or foreclosures.

As an attorney, you will have no problem looking through the smoke screen that was used to get many board members and owners to support the bill.

The list of anti-owner provisions in this bill is very long.  You can see more detailed information about the downside of this bill at: http://www.ccfj.net/LEGSESS10S1196ER.html 

About 4 million families living in homes and/or condos in mandatory associations in Florida need your help. This bill doesn't provide reforms and relief as promised.  In fact, it will actually increase the cost of association living and create more litigation, causing even more legal fees. Legal fees cost money that most of Florida's owners no longer have.

Association living is bankrupting many good families.  We owners need help -- not more hidden costs and dictatorial powers given to board members and service providers.  Owners didn't create the problems we are facing -- special interest did!  But we owners are paying the price.

 

With all due respect, I hereby ask you to veto Bill S 1196 for the above listed reasons.

 

Warm Regards,

 

Jan Bergemann, President
Cyber Citizens For Justice, Inc.


MAY 4, 2010                                       CYBER CITIZENS FOR JUSTICE, INC.                                   PLEASE VETO S1196 LETTER

 WHAT WILL COMMUNITY ASSOCIATION BILL S 1196 REALLY DO?

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