CYBER
CITIZENS FOR JUSTICE, INC. “From
Justice As A Foundation All Rights Flow”
1156 Tall Tel.:
386-740-1503
E-mail: [email protected] |
2008
FLORIDA SURVEY OF FOR COMPLETE RESULTS |
David
I. Goldenberg, Ph.D. analyzed the survey data CCFJ collected, prepared
the tables based on that data, and wrote the findings and comments
forming this report.
Dr. Goldenberg’s relevant
experiential credentials include leading the consumer research
function at Monsanto Corporation for many years. During his career, he
conducted over 100 surveys from start to finish, that is, from the
design stage through writing the report and presenting the results.
Several of those surveys were used in legal proceedings. His
doctoral degree is in applied business economics. Dr. Goldenberg
has taught over 100 courses, mostly at the graduate level, including
survey research and statistics. As co-founder and chairman of
Systematic Forecasting, Inc., Dr. Goldenberg consulted to such leading
firms as: Asahi Chemical Industry America, |
HIGHLIGHTS INTRODUCTION: Cyber
Citizens for Justice, Inc. [CCFJ] surveyed owners of residences in Florida
Homeowners' Associations [HOAs] and affiliates of such HOAs in July and August
of 2008. The survey solicited
respondents’ views about 14 possible legislative reforms.
1,033 usable responses were collected via the Internet. Six volunteers
entered the usable responses into a standard database and forwarded it as an
e-mail attachment to a seventh volunteer with survey analysis expertise.
Those volunteers are: Kathleen
d’Angelo-Frazier, You can access the tables in this report by clicking on the indicated link. Links to the summary tables appear at the end of the discussion of the table in question. The links to the detailed tables appear in the left column of a list following this highlights section. Numbers in brackets [#] in the tables mean one of two things. If they follow the statement of a question or issue in a summary table, the number represents the order the issue was raised in the questionnaire and refers you to the corresponding detailed table with the same number for the complete analysis of that issue. Otherwise numbers in brackets refer you to a footnote in the list of footnotes appearing after the last detailed table. Dr.
Goldenberg’s analysis initially generated 14 tables with a standard heading
and stub and a narrative set of conclusions at the top.
Each of those 14 tables detailed the findings about a specific possible
legislative reform from six distinct viewpoints.
Those six viewpoints were an overall result as well as according to
five different traits of respondents. Five traits
of respondents were used to analyze the data.
They were:
The following four highlights presented come from summaries of data
from the 14 detailed tables.
OVERALL
% YES VS. NO TO ISSUES 1 – 14. Summary Table
1 lists the overall results of respondents’ views of 14 different
legislative reforms in descending order of favorable votes
received. The key finding
here is that every potential legislative reform examined in the survey was
deemed desirable. Affirmative
votes ranged from “only” 75.1% to 96.9%.
Those are notably high ratings. The
sizes of those affirmative votes are one indication of respondents’
priorities on these issues. Seven of the
14 potential reforms had ratings in excess of 93.0%.
Three other potential reforms garnered favorable ratings of 90.9% or
more but less than 92.1%. These
ratings are both notably high and remarkably consistent. Four potential reforms had somewhat less positive ratings. They concerned: Election Reforms, Education for Board Members, Shutters, and Rental Restrictions. These four items are the “hottest” issues among respondents.
SUMMARY TABLE 1: OVERALL % YES VS. NO TO ISSUES 1-14
CLUSTERING
OF VOTES Summary Table
2 deals with “clustering of votes” or block voting.
Almost 55% of respondents voted either YES on all 14 possible
legislative reforms or NO on all 14. 53.7%
voted YES across the board while only 1.1% voted NO to everything.
Some 42.8% of
all respondents voted YES most of the time, eight to 12 times out of a
possible 14. But only 1.5% of the
respondents usually voted NO. Block voting
varied considerably across respondents’ traits as one would expect.
Respondents who were CCFJ members and residents of either the Northern
or West Coast region were far more likely to vote in favor of all 14 proposed
reforms. Conversely, respondents
who were board members, lawyers, or community association managers were
significantly more likely to block vote against all 14 proposals. Clustering or
block voting may indicate the presence of a bias or predisposition to see
things as either black or white with no intervening shades of grey.
Almost 44% of all respondents split their votes in one of three fashions. Just under 1% voted for seven proposals and against the other seven. Some 42.8% voted in favor of eight to 13 proposals and against one to six others. Conversely, 1.5% of respondents voted against eight to 13 proposed legislative reforms and for one to six others.
SUMMARY TABLE 2: CLUSTERING OF VOTES
BIASES? Summary
Table 3: Presence or Absence of Bias within Respondent Traits signals the
direction, intensity and consistency of biases discerned. For those unfamiliar
with statistics, the following paragraph explains how this table was created
and why its findings matter. Each
of the detailed tables covering a given potential legislative reform used boldfacing
to mark those percent YES or NO answers in each respondent trait which
differed “significantly” from the overall average value.
If the percent YES or NO in a respondent trait section was three or
more standard deviations away from the overall average, then it was deemed
“significant.” The odds of a
particular value actually being the same as the overall average when that
value is three standard deviations away from that average is 1 to 332.
A significant deviation from the overall average can, of course, be
greater than or less than an overall average.
Three cases are possible with an overall averages for YES and another
for NO. Case
1: respondents in a given trait category have a significantly higher YES value
and also a significantly lower NO value than the corresponding overall
averages. Such instances
were noted in the appropriate cells of Summary Table 3 with a “B,” for
beyond the overall averages. Case
2: respondents in a given trait category have a significantly lower YES
value and also a significantly higher NO
value than the corresponding overall averages.
Such instances were noted in the appropriate cells of Summary Table 3
with a “W,” for within the overall averages. Case
3: respondents in a given trait category offered YES and NO answers
which did not significantly differ from the overall averages.
Such instances were indicated by leaving the appropriate cells of
Summary Table 3 blank. Eight of the
20 subgroups of respondent traits exhibited eight or more significant
deviations from the overall averages. Five
of those subgroups had consistent W biases.
They were CAMs with 9, Comment Only with 11, Lawyers and Other tied
with 12 each, and Board Members with 13.
The other three subgroups had consistent B biases with residents of the
Northern Region having 10 and CCFJ members and residents of the West Coast
tied at eight apiece. Given the odds of each deviation being significant
coupled with the internal consistency of the pattern of apparent bias in any
of these subgroups, the laws of probability warn that the odds of any of these
groups actually being unbiased is so vanishingly small as to be quite
literally infinitesimal, specifically [(1/333)^8] for CCFJ members and
residents of the West Coast. Only two of the 20 subgroups of respondent traits had YES and NO percentages to all 14 questions which essentially were the same as the overall average and so apparently were unbiased. Those subgroups consisted of non-members of CCFJ and residents in the Central Region of Florida. Another subgroup, Females, had just one B and one W which offset one another in signaling the presence of a bias. Three
of the 20 subgroups of respondent traits had only one significantly different
answer. Males had a B but
residents of the Southern Region and respondents who did not indicate a
priority and did not provide a comment had one W each.
The
Owners subgroup had three biased answers and, as might be expected, those
consistently were B. The
above information warns that responses of Board Members, Lawyers, and C.A.M.s
to these 14 proposed legislative reforms assuredly do not accurately reflect the views
of other homeowners in Florida HOAs. This
is a crucial finding in the light of previously circulated research [2002
National Coalition for Homeowner Rights, 2005 Community Associations
Institute/Zogby International, CALL’s 2005 Florida Community Living Survey
which relied heavily on the advice of HOA Board Members, and 2006
Survey by American Homeowners Resource]. This
survey could not examine the causes of the biases detected.
Given the absence of data, it’s advisable not to speculate about the
cause(s) of the biases found. One
should, however, bear in mind that differences in experience, professional
training, and some personal characteristics [such as altruism or selfishness,
apathy or energy level] may, and when data is available usually do, better
explain any biases found than a simplistic assumption of malice or stupidity. Two additional comments about bias. First, everyone is somewhat biased. What matters is the relevance of the bias and its consistency and intensity. This survey found some relevant, consistent and intense biases. Second, having a bias is not the same as being wrong. It only means one is somewhat different than the average on an issue or a series of issues.
SUMMARY TABLE 3: PRESENCE or ABSENCE OF BIAS WITHIN RESPONDENT TRAITS
REGIONALITY Some
information generated by this survey indicates that problems with boards of
directors of Florida HOAs are common — that is, an epidemic rather than
isolated incidents or endemic as some claim.
Responses to this survey came from all over the state in rough
proportion to both population and the local popularity of HOAs.
That’s one indication of an epidemic.
Another is the relatively high response rates from all regions. A third
signal derives from the fact that the five regions’ YES votes were
statistically significantly higher than the overall averages 27.1% of the time
[19 incidents out of 70 possibilities {5 regions * 14 issues}] but only once
or 5.0% of the time was there a response statistically significantly lower
than the overall value. The five regions are not alike according to the levels and frequencies of statistically significant responses differing from the overall average. The North is considerably more positive on almost every issue than any other region, especially the South. The responses from the Central region are consistently closer to the overall averages than the other regions.
DETAILED TABLES
The following section presents 14 tables in a standard format plus a list of their accompanying footnotes. Each of the tables details the responses to one particular question. The tables are sequenced in the same order as the question was asked in the survey questionnaire. Just below is a two-column list. The 14 questions asked appear in the right-hand column with a link to the corresponding table just to the left of each question. Click the underlined “Table #” in the box to the left of the question and the appropriate table will appear.
TECHNICAL
APPENDIX Cyber Citizens for Justice, Inc. sponsored a survey of owners, residents and
affiliates of homeowner associations (HOAs) in The
survey generated 1,033 usable responses out of 1,123 responses submitted.
Ninety responses were rejected for any of four distinct reasons.
48 responses were rejected because they were submitted anonymously in
violation of an announced requirement that every respondent identify
themselves. Responses submitted
after the deadline also were ignored. Another
37 responses were rejected as duplicates.
Only one response per person or household was permissible.
When a duplicated submission was found, the more recent one replaced
the earlier submission, provided, of course, that it met all the other
requirements. Three
responses were rejected because they came from people who did not own a
residence in a HOA in This
survey is a preliminary effort to learn the views of homeowners in and
affiliates of Florida HOAs about potential legislative initiatives to improve
conditions in Florida HOAs.
This survey represents the views of the respondents at the time it was
conducted. While indicative of the views of the general population of Florida
HOA owners and affiliates, this survey is not statistically representative of
the entire population of people owning, living in or affiliated with The
data collected formed a database in a Microsoft Excel spreadsheet.
The data on all 14 potential legislative initiatives were analyzed in a
consistent manner with three widely used statistical tools available in Excel.
Those initiatives were assessed from an overall perspective as well as
by five different traits of the respondents.
Those analytic tools were percentages, t-tests and Chi-squared tests.
T-tests were used to determine if any given
percentage response within a trait of respondents was or was not
statistically significantly different from the overall average.
Determinations of such differences relied on a much higher standard
than normally used commercially.
The conventional
criterion for a significant departure from an average is + 2 or more
standard deviations from the average.
A value of two [2] standard deviations from the average has only 1
chance out of 20 of actually being the same as the average.
This survey raised that criterion to
+ 3 standard deviations or less than 1 chance out of 333 of
actually being the same as the average.
The + 3 standard deviations used is almost 17 times more
rigorous than the one commonly employed.
That more stringent test was selected to minimize the possibility of
drawing an incorrect conclusion from the data produced by the non-random
sample. Chi-squared
tests were used to determine if a particular trait of respondents was related
to or explained part or all of the answers to a given question in a
cross-tabulated table or, alternatively, if the answers were independent of
the trait. The respondent traits
were: Interest, Gender, CCFJ membership or non-membership, Region, and
Additional Remarks Made. A table
of the results of the Chi-squared tests is appended to help future researchers
design more robust samples in the future and to focus on the more likely
causal variables in those studies. For
all practical purposes, the Interest of respondents was by far the most
important explanatory variable. It
mattered in ten of the 14 issues. Membership
or non-membership in the Cyber Citizens for Justice was much weaker
explanatory variable as it only mattered in four of the 14 issues mostly in
conjunction with Interest. Gender,
Additional Remarks Made, and Region essentially were unimportant as
explanatory variables. Three
important conclusions follow logically from this latter point.
First,
the problems of conflicting Interests and viewpoints exist throughout to Second,
the problems are independent of Gender save in two instances, once in
conjunction with Interest alone and the second time in conjunction with
Interest, CCFJ Membership and Region. Third,
whether or not a respondent indicated which issues took priority with her/him
or provided a comment only influenced the respondent’s vote on two issues,
Willingness to fund a state regulatory agency of HOAs and Barring developers
from changing deed restrictions without homeowners’ approval.
However, the priorities and comments given represent potentially
valuable additional sources of information which will be explored later.
Respondents’ age, income, length of residence in a Florida HOA, nationality, and/or education/profession are potential demographic variables which may influence respondents’ votes. However, neither those demographic variables nor a number of psychographic ones were explored in this survey. Nor were such additional potential explanatory variables as a HOA’s age, size in terms of number of residents, history of trouble [complaints to the DBPR, law suits by or against the board, recalls, etc.], identity of the developer, identity of the management company, and so forth taken into account in this preliminary survey. SUMMARY TABLE 5: CAUSAL RELATIONSHIPS FOUND QUESTIONNAIRE FOR 2008 HOA REFORM SURVEY *************************************************************************** END OF WRITTEN REPORT THE SUMMARY USING THE ORIGINAL POSTING OF SURVEY:
SURVEY QUESTIONS
|
NOTE: All private information contained in the survey submitted will be absolutely confidential. The requested personal information is necessary to create a credible survey. Everyone who participates will receive updates about the progress of the survey and the final results and evaluation of the responses. |
1*
ARE YOU WILLING TO PAY $4 ANNUALLY FOR A REGULATORY AGENCY?
Homeowners'
associations are not regulated in
The regulatory agency should have these duties and powers: To enforce and ensure compliance with the provisions of these statutes and rules promulgated pursuant hereto relating to the development, construction, sale, lease, ownership, operation, and management of residential property; To conduct inquiries and investigations upon complaints; To subpoena documents and witnesses; To issue orders to cease and desist; To bring action for declaratory relief, injunctive relief, or restitution; To impose civil penalties; To adopt rules to implement and enforce the provisions of the statutes; To issue declaratory statements; To conduct mediation and voluntary and mandatory arbitration; To provide training programs for residential association board members and lot owners; To provide information and education materials on request. |
2* CREATE HOA OMBUDSMANS OFFICE: For HOAs using language from the Condo Act Act [FS 718.5011 - 5014]: Act as liaison between all affected parties; Provide resources, information and education for board members and homeowners; Providing election monitor service if petitioned; Resolving disputes not within the jurisdiction of the Division. |
3* HOA ELECTION REFORM USING CONDO RULES (FS 718) AS A MODEL: Prohibits opt-out of Election Process; Determines location of annual meeting; Certification form for candidates; Election process as described in FS 718.112(2d); Requires several election notices; Voting by written ballot; Petitioning for election monitor. |
4* ACCOUNTABILITY OF DIRECTORS: Removal from office of director or officer charged with a felony theft or embezzlement offense involving association funds or property; Liability for monetary damages if in violation of criminal law or a derived personal benefit or an act or omission in bad faith, with malicious purpose, or in a manner exhibiting wanton and willful disregard of human rights, safety, or property; gives regulatory agency power to levy civil penalty and/or removal from board for willfully and knowingly violating a provision of the statutes; allows to levy civil penalties against person who knowingly or intentionally defaces, destroys, or fails to create or maintain accounting records; Obligation to cooperate with investigation. |
5* ELIGIBILITY + TERMS OF SERVICE OF BOARD MEMBERS: A board member has to be a deeded owner of the association; Terms of all board members expire at annual meeting, 2-year staggered terms if so allowed by bylaws; Prohibits any owner suspended or removed by Division or any owner delinquent in payment of fees or assessments to serve on the board of directors; Prohibits co-owners of a property from serving on any board at the same time in an association of greater than 10 units; Prohibits paid manager or employee of the association to serve on the board of directors; Owner convicted of felony with civil rights not restored for less than five years is not eligible for board membership [FS 718.112(2)(d)1.]. |
6* PROHIBIT SALARY OR COMPENSATION OF DIRECTORS: A director, officer, or committee member of the association may not receive directly or indirectly any salary or compensation from the association for the performance of duties as a director, officer, or committee member and may not in any other way benefit financially from service to the association. |
7* EDUCATION + TRAINING REQUIREMENT FOR BOARD MEMBERS AND HOMEOWNERS: Requires certification form for candidates for board of directors; Requires the regulatory agency to provide training and educational programs for homeowners' association board members and homeowners; Training may include web-based electronic media, and live training and seminars in various locations throughout the state. |
8* RECORD REQUESTS + ENFORCEMENT: Clarifying provisions for record requests; Owner can bring own copying devices; No mandatory mediation; Subpoena Requirement for Requested Records (2 certified letters) by Division [FS 718.501(5)] |
9* SAFEGUARDS BEFORE LIEN AND FORECLOSURE FILINGS:
Changes to FS
720.3085(4) + (5);
Requiring notice by certified mail 45 days prior to filing lien before
turning delinquent account over to a third party for collection, |
10*
OWNERS RIGHT TO SPEAK AT BOARD
MEETINGS: FS 720.303(2)(b) Members
have the right to attend all meetings of the board
and to speak on |
11* RESTRICT LONG-TERM RENTALS IF NOT PERMITTED BY ORIG. DOCUMENTS: Renting the home is for many owners the last resort to avoid foreclosure; Investors and future retirees bought homes for purpose of renting these homes; If original deed restrictions allow rentals, governing documents can't be amended to disallow rentals; add FS 720.306(1)(c) An amendment restricting owners' rights relating to the rental of homes applies only to parcel owners who consent to the amendment and to parcel owners who purchase their parcels after the effective date of that amendment. |
12* CREATE TIME RESTRAINTS ON CLOSING HURRICANE SHUTTERS: Prohibits associations from creating rules that restrict installation of hurricane shutters; Restricts rule-making of time-limits for closing approved shutters! |
13* EXTENSIVE DEVELOPER REGULATION: No amendment of deed restrictions without vote of approval by owners; Change of percentage for turn-over requirements; Conveyance of title; Requirements for financial reports; Rights of use of common areas; Liability for failure to disclose material facts; Giving regulatory agency jurisdiction over developer controlled associations; Transfer of association control if developer files petition seeking protection in bankruptcy or if receiver is appointed and not discharged after 30 days. |
14* REVITALIZATION CONTROL + ENFORCEMENT: Renew the outdated opt-out clause: Require written approval of 75% of all deeded owners; notice of revitalization by certified mail to the property owner's address; Changes to Section 720.405(6) + 720.407(4) |