CCFJ LEGISLATIVE WISHLIST

By Jan Bergemann
President, Cyber Citizens For Justice, Inc.

Published February 19, 2019

If our new leadership is willing to make the necessary personnel changes in the Division of Florida Condominiums, Timeshares and Mobile Homes and creates again a functioning agency, Florida’s homeowners living in HOAs (FS 720 – the HOA Act) should come as well under the jurisdiction of this agency. (Use language of FS 718.501).

Condo Trust Fund (FS 718.509): By adding estimated 2.5 million paying homeowners to the trust fund – a trust fund that already uses each year less than half of the collected funds for the purpose intended – the actual amount to be paid by each owner could easily be reduced by 50% ($2 instead of the momentary $4). That still leaves more than enough money to fund the Division with more – and even better paid - employees.

Never forget: The best laws are useless without enforcement!

BILL PROPOSALS:

For all community associations statutes (FS 718, FS 719, FS 720 and FS 723):

1. The website requirement for condos [FS 718.111(12)(g)] should be included in all the above statutes and the requirement should start at more than 20.

2. Board member certification should be changed in all of the above statutes: Remove provision that allows directors to certify themselves by signing a written statement that he or she has read the association’s declaration of covenants, articles of incorporation, bylaws, and current written rules and policies; that he or she will work to uphold such documents and policies to the best of his or her ability; and that he or she will faithfully discharge his or her fiduciary responsibility to the association’s members.

This self-serving provision has been proven to be outright dangerous and useless.

FS 720:

Change FS 720.306 (Elections) to the election language in FS 718.112(2)(d).

This language prevents a lot of the election fraud rampant in Florida’s HOAs. It’s easy to administer and been has proven to be very effective. Lots of helpful case law is available.

Change FS 720.305(2) … A fine ~~of less than $1,000~~ may not become a lien against a parcel.

Same as FS 718.303(3) (Condo Act)

FS 718:

Change the language from FS 718.112(2)(j) - Recall of board members – back to the original language [still in FS 720.303(10)]. For more than 10 years it worked great, with disputes easily resolved (lots of good case law), until the changes to the Condo Act (FS 718) in 2017 created havoc. The idea behind the changes were laudable, but turned out to have serious legal flaws, as well caused by the interpretation of the Division’s arbitrators. The original language didn’t cause these serious issues.

These changes would make millions of Florida’s community association members really happy!