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

Published November 21, 2015


If you are board members feeling threatened by owners collecting recall petitions, the solution is very simple: Hire the law firm of Kaye Bender Rembaum PL, have them send a “scary” letter to these owners and demand legal fees to be paid by the owner who is obviously the leader of the “Owners Voting For Recall.”


It so happened in the Landings at Victoria Isles Association Inc. -- and to be honest the letter sounds really scary.


See: Letter Kaye Bender Rembaum PL -- October 23, 2015


The letter actually failed to threaten the owner with sending him to Siberia for his misdeeds, but otherwise it was full of threats:

If such behavior is observed following your receipt of this correspondence, the Board will have no choice but to contact law enforcement and avail itself of any and all legal remedies. Such action includes, but is not limited to, an action in State Court against you for injunctive relief and/or damages. Be further advised that should such legal action be required, the Association, as prevailing party, will seek to recover its costs and attorney's fees directly from you. Additionally, the Association reserves its right to issue a fine for any such violation.


Despite the fact that attorney Emily Gannon, who signed this letter, referred to legal fees to be collected by the prevailing party, she demands payment of $230.18 – just for writing this threatening letter. Does she consider she is the prevailing party without a judge ruling in her favor?


Following Florida statutes 720.303(10) – collecting recall petitions as described in the statutes, is an infraction of the law – according to this law firm? That really makes me wonder!


According to the attorney the board needs to give permission for owners talking to neighbors asking them to sign state approved recall petition forms. If that would be the case, a board has to be pretty stupid – or outright morons -- to grant owners such permission.


In the sixteen (16) years of me advocating for homeowners’ rights I have seen quite a lot of letters written by law firms trying to protect the folks signing their “paychecks.”


But this is in my opinion one of the most blatant attempts by a law firm to stop owners from pursuing their given legal rights.


But I have to admit: When you think you heard it all, there is always a law firm that tops the latest example of ideas to keep “their” board in power.