DREAM ON , Mr. Spears! In defense of HOA boards? |
An Opinion By Jan Bergemann August 8, 2006 During the last couple of years more and more homeowners and condo-owners are finding out that the people who are supposed to have a fiduciary duty to serve their neighbors have caused lots of problems. The very same people have endangered the financial welfare of these owners. Many
board members are not rocket scientists, as shown by the way they
mishandled hurricane damages to association property all over Florida.
Expensive mistakes were made -- more mistakes than their neighbors’ wallets could stand. But it's not only incompetence that creates the problems. Total lack of enforcement of the existing laws and lack of accountability has attracted quite a lot of scam artists to run for these board positions. Helped by managers with financial interests and attorneys, who are interested in money not in justice, they are fleecing associations to the detriment of the owners. Here in Florida board members are not prosecuted, even though they embezzled association funds! Association funds disappear, are used for board members' pet projects -- and nobody cares, except the owners whose money is wasted. In his letter below, Richard Spears makes some random comments. If Spears would be finally willing to face the truth, he would have to admit that the majority of complaints and lawsuits are not directed against the "disgruntled" homeowners, but against the board members for failure to follow the laws and the governing documents! A huge number of complaints are about elections -- and it is obvious that some Banana Republics have fairer elections than some of Florida's associations. Spears is proud to have "founded" the Coalition Of Community Associations (COCA). Founded? It's actually just another name for the same players we have seen before! Just check the list of board members of COCA -- it's the Who’s Who of Community Associations Institute (CAI) of Central Florida and the Orange County Homeowners' Association (OCHA). See all of the attorneys and service providers – Spears’ buddies for many years. Add a few wanna-be community leaders -- like Robert Schulbaum, president of the Delray Alliance, who was all gung-ho for association bill HB 391, but then declared that he was thrilled that the Governor vetoed the bill, because (quote) "it would add nothing to the management of associations." I am sure these kinds of statements add to the "credibility" of an organization that's just another cover-up to push the interests of attorneys, service providers and power-hungry board members! Whether
Spears likes it or not, the trend all over the nation goes in the
direction of protecting the people -- the taxpaying citizens.
He suggests in his letter that imaginary communities deserve protection, but the fact is that taxpaying citizens deserve to live in harmony with their neighbors in pleasant communities. No system can function without the rules being enforced and the people in charge being accountable for their actions. The demand for reforms goes towards easy enforcement of the rules and accountability of the people in charge! You don't have to be a rocket scientist to understand this! FAIRNESS IN ASSOCIATIONS is the goal of much needed reforms! Homeowners have suffered long enough from greedy attorneys, incompetent community managers, and power-hungry and/or dishonest board members! Owners
want PRO-OWNER reforms, not the PRO-COMMUNITY reforms that Spears is
asking for! We care about the total welfare of the human beings who reside in community associations -- not the financial welfare of the ones who make a killing at our expense!
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