OPEN LETTER TO GOVERNOR JEB BUSH

PLEASE VETO COMMUNITY ASSOCIATION BILL HB 391


 CYBER CITIZENS FOR JUSTICE, INC.

CCFJ, Inc. Headquarters

1156 Tall Oaks Road

DeLand, FL  32720-1225

Phone:  (386) 740-1503

E-Mail:  board@ccfj.net

Web Pages:  http://www.ccfj.net/

 

DELAND, May 9, 2006

Dear Governor Jeb Bush,

   

Please Veto Community Association Bill HB 391.

 

Revitalization of covenants of older communities is a good idea, but since the opt-out provision in FS 720.407(5) had expired long ago, it will just create many more lawsuits.  Many owners had moved into these communities on purpose to avoid associations.  Therefore, they will not agree to be part of an association again.

 

Revitalization without an opt-out clause is a clear violation of private property rights, which you always defended as our Governor. You vetoed Senator Fasano's bill that attempted to achieve a similar goal, and the HOA Task Force clearly defeated another attempt to force owners into associations without their agreement.  Revitalizing mandatory associations by using FS 720.403-407 -- enacted in 2004 -- turned out to be a disaster that created more legal fights in some associations instead of creating nice communities.  Result: Neighbors are not talking to neighbors any more!  The only winners -- as usual: The attorneys!

 

You heard the outcry about eminent domain: This "revitalization" is very similar on a smaller scale, because it will force owners to either go to court or agree to something they don't want!

 

Postponing the time limit until 2025 for retrofitting the sprinkler system in high-rise condos (above 75 feet) is absolutely ridiculous. It unnecessarily endangers the elderly, the disabled, and the firefighters, who have a hard enough job anyway in these high-rises.  Proponents claimed that recent hurricanes drained the funds of the associations.  Do these attorneys, who used this excuse, have a contract with Mother Nature that there will be no hurricanes from 2014 until 2025, so the associations can save money to pay for the cost?  Honestly, I doubt that!
If there were not so many high-cost legal battles in our condo associations, there would be more money in their coffers.  Many condos down South are still not repaired because the Condo Act is so badly written that it creates more lawsuits than repairs. The proposed condo bill would have taken care of it, but......!

 

And last but not least:  Initially created by your HOA Task Force to help many owners and associations avoid high-cost legal battles, mandatory mediation will undergo changes that are just a cover-up for actually removing the mediation requirements!  This bill is a partial attempt to turn back the clock on good achievements that had been created by your HOA Task Force.
The ambiguous wording of this bill will do nothing but create more problems for owners in these associations!

 

Please veto this bill!
Thank you for listening to our concerns!
 

Warm Regards,

 

Jan Bergemann, President
Cyber Citizens For Justice, Inc.
http://www.ccfj.net/


MAY 2006                    OPEN LETTER TO GOVERNOR JEB BUSH            CYBER CITIZENS FOR JUSTICE, INC.
NEWS PAGE HOME Legislative Session 2006