REVENGE IS SWEET -- BUT DOES IT PAY BILLS?

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

Published February 22, 2011

As the old saying goes: REVENGE IS SWEET. According to the National Geographic News now scientists say they know why.

A new brain-imaging study suggests we feel satisfaction when we punish others for bad behavior. In fact, anticipation of this pleasure drives us to crack the whip, according to scientists behind the new research.

All fine and dandy, but our community associations are actually corporations, meaning a strict business entity. And -- as we all know -- business is about MONEY -- raising the big question: Does revenge pay the bills? Does revenge put money in the associations' coffers to pay all the bills?
 
Many of our community associations have serious financial problems. Many associations have big budget deficits caused by unpaid dues. But the cost of running the associations hasn't changed, the amounts to be paid have rather increased. Last year's so-called reform bill S1196 have done absolutely nothing to put more money in the coffers of the associations. The provisions were all about "revenge" -- allowing boards and still paying members to retaliate against the neighbors who failed to pay their monthly dues. Not to forget the fact that these reforms created more billing hours for law firms and increased income (collection fees) for management firms.

This year the Powers To Be are debating the same useless REFORMS again. Haven't they learned anything from last year? S530 is all about giving boards more powers for retaliation and service providers more income. Nothing in the bills filed so far is dealing with the real problem: ADDING MORE MONEY INTO THE ASSOCIATIONS' COFFERS!

The bills are adding provisions to strengthen the powers to go after neighbors behind in their due payments. It's all about restricting their use rights for common areas, cut off their TV and Internet services, file more liens and revoke their voting rights. It all sounds like great ideas, but fail to achieve the most important goal: Put more money in the coffers.

Let's say associations have legally the power to do all this as proposed -- and more. What is the advantage? Associations will not get one more dime in their coffers. The legal and management fees will go up. With other words: Nothing gained! Cut off cable and Internet service? That threat is great for a good laugh considering today's technology. And folks who don't pay dues have bigger problems than going for a swim in the association pool.
  
Don't call anything REFORM that doesn't hold the industry liable that caused the whole disaster: Banks and mortgage companies with their irresponsible lending practices -- and their greed.

  
If associations don't get more money in their coffers any reform is actually useless. 
  
With all these "praised" reforms and bills, associations will not be better off than before. The ultimate goal for upcoming legislation should be: Financial relief for the owners who have to pay for the neighbors who stopped paying -- for whatever reasons. Bills have to be paid -- and for that associations/owners need money, not revenge on the folks who have stopped paying dues.
  
Revenge may make some people feel better, but it doesn't pay the bills needed to run the association.

Instead of creating laws to pit neighbors against neighbors, our legislators should work on enacting bills that deal with the improvement of the whole situation. There is lots to be done that would really help, but who cares in Tallahassee as long as the industry can rake in more bucks? So far the attempts for REFORMS in the bills are plainly pathetic. If nothing better than proposed so far will be enacted in the upcoming legislative session Florida's community associations will suffer even more for another year -- actually not the associations will suffer, but the owners living in these associations who are still carrying the burden of paying the bills.
  
Revenge may be sweet -- and some owners may feel better for being able to go after the "deadbeats" who don't fulfill their obligation. But how long will this sweet feeling last: Until the next announcement by the board that another special assessment has to be levied -- or the monthly dues have to be raised, again?