Fairness For Homeowners Is The Goal

 

An Article Published In The POA BULLETIN, November Edition
By Jan Bergemann 
President, Cyber Citizens For Justice, Inc. 

We are rapidly closing in on the 2006 session of the Florida legislature.  It is important that we, the taxpaying citizens, make our wishes known to our local legislators.

Many of them have an open ear – if you make enough noise!  You can read all the time that industry and lobbyists are running the show.  That is absolutely true, but politicians still need votes!  And that’s where you all come in!  Always remember:  The industry can easily outspend us, but they can’t deliver your votes to elect these legislators.

Changes are not achieved by sitting on the sofa, watching TV, and complaining to your neighbor that you have given up because “They don’t care anyway!”  

Believe me -- they DO care, if we make our requests for changes in an organized way.

And this is the reason why organizations like the POA and CCFJ are needed.  We find out what our neighbors want, put it together in a bill proposal and talk to our legislators.  Admittedly, some legislators are more willing to listen than others.  Sometimes you just have to mention that there is always a next election – and that you have a long memory!

But if we, the citizens, work on it in an organized manner, we have a good chance to make quite an impact on Florida’s legislature.

In March, 2006, in Tallahassee we are aiming for several important bills that will definitely influence consumer 

protection in mandated properties.

Our friends living in condominiums need more protection against abusive lawsuits, mismanagement and financial problems.

Citizens moving into Community Development Districts need to be fully informed about what they are getting into.  Potential buyers need full disclosure prior to purchase, not a bad awakening after they have moved in.  Full Disclosure, not Caveat Emptor, must now be the "Buy Words" before contract for sale and during real estate transactions in CDDs.

Community Association Managers must be more strictly regulated – the enforcement is lacking and allows financial mismanagement, kickbacks and abuse of owners.  We need law-abiding managers running our communities!

Our main target for the upcoming legislative session will be the regulation of homeowners’ associations.  I guess we all have already laughed about Banana Republics.  Here in Florida we have them right next door -- they are called “homeowners’ associations.”

HOA boards and their attorneys often  knowingly violate the statutes. You ask why?   Easy answer: There is absolutely no enforcement and no accountability!  This has to change!   None of us has money, time, and energy to waste on lawsuits.  Especially retirees and people on a fixed income who do not have the finances to file a lawsuit every time their rights are violated!

To protect members of these homeowners’ associations, it is imperative that legislators enact laws that will:

  • Create A Government Agency With Enforcement Power

  • Create An Ombudsman Office

  • Stop Abusive Liens And Foreclosures In Associations

  • Enforce Fair Elections In Associations

  • Reduce Costly Litigation

  • Educate Board Members

  • Protect The Vested Rights Of Florida’s Real Estate Property Owners

Without these safeguards members of homeowners’ associations don’t even have the rights guaranteed by our United States Constitution.  Our rights all disappeared under the cover of “Contract Law”!

By helping each other, we citizens have the power to create the necessary changes to protect all our rights.  We can’t outspend the industry and we can’t outspend the attorneys, but we can get organized and fight together for our rights:

UNITED WE STAND!

Please join our cause and help to make Florida a better place for all of us to buy a home and to live in peace and harmony!

You can contact CCFJ, Inc at: [email protected]

 


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