Letter to Editor
South Marion Citizen
                    Homeowners’ Association Reform heading in wrong direction? 
Jan Bergemann (7-11-01)

Admittedly, after looking through the documents provided by CHIP, lots of work has been invested. The idea of proper disclosure and financial reports is definitely not new and is very necessary.
But, as the past has shown, all these efforts are wasted without the necessary state-enforcement. Many recent publications regarding abuses of homeowners living in Homeownners' Associations and Community Development Districts have sparked the interest of some of our more concerned politicians and it is about time to work on a general reform.

In my opinion it’s no miracle why politicians and lobbyists are jumping on the bandwagon to help pass this proposed bill. It really doesn’t change any provisions, leaves the industry where they want to be: "untouchable" and will give everybody involved a good excuse for the next few years again: we just enacted new HOA reform. Nothing will change for the homeowners, as long as the contents of the bills are not enforced by the State. Local enforcement has proven to be unsuccessful and, sorry, no disrespect intended, only got chuckles out of the bigger developers. According to legal sources county government is unable to deal with the deep pocket industry, because they don’t have the necessary means - see Marion County Ordinance 00-20, dated 7-11-2000.

Senator Anna Cowin pledged support for HOA reform during her last election campaign. All she mustered was a local bill in the very last minutes of the legislative session, after 6 drafts and visits to her office by 10 developers and/or lobbyists for the stakeholders, which was doomed from the outset. Hopefully, her constituents will present her with "the bill" during the next election campaign, if she decides to run again?

It is definitely of great importance for us, the citizens of Florida, to let politicians know how we feel about broken campaign promises. We really don’t need any more politicians whose interests are more in favor of campaign funds than that of their constituents. 

It will definitely not be to the homeowners' advantage, if half-hearted, local reforms will be enacted. The past has shown that reforms, even if they were more or less useless, gave politicians and lobbyists the excuse for the next few years, not to touch the same issues again. 
Please, don’t sacrifice years of hard work for HOA reforms for the cheap thrill of any small, but useless reform, no matter what. 

Please, don’t let small successes deceive us. Only a complete overhaul of existing laws with provided enforcement will help us. Let us all join forces, combine our experience and let us work together on something, which will really help to provide the necessary protection for the homeowners. 

Don’t give politicians, lobbyists and industry partisans the public excuse they are looking for: we just enacted some new Homeowners' Association reforms!
                        Determined CHIP group's on right path 
07/20/01

Trying to get a law passed or revised is not an easy task. Like small, businesses the great majority of bills fail. Probably little more than a tenth become enacted, and maybe that’s good, being protected from the lawmakers by the system. 

Still, it means that needed laws don’t come easy. There are many forces at play in the long and complex process. That’s why it’s heartening to see CHIP (Concerned Homeowners in Partnership) making real progress toward reforming the laws on financial reporting in deed restricted communities. 

The group, starting with nothing but a knowledge of an unfairness that needed to be righted, got all its lessons the hard way. But you have to give it to them, because the group of retired citizens did not fold, did not give up and ascribe blame to being overwhelmed by the system. 

To their great credit, facing that behemoth called “Tallahassee,” they refused to be squashed. they just got smarter and more tenacious. 

Like they say in Texas, “It ain’t the size of the dog in the fight. It’s the size of the fight in the dog.” 

This week they sat down with state Representatives Nancy Argenziano and Dennis Baxley and a most important ingredient in any equation for success in Tallahassee – the top dog lobbyist for the industry whose interests are in question. In this case it was the Florida Homebuilders Association, General Counsel Richard Gentry. 

Though Argenziano, R-Crystal River, does not represent the Corridor (the closest part of her district is Dunnellon), she is a senior Republican and known to be a little bulldog herself with a reputation for being a tough, free-voting representative of the people, not necessarily the leadership, and certainly not the special interests. That’s a good ally to have. 

And Baxley, now over that daunting first session, is committed to helping CHIP and knows a righteous cause when he sees one. 

The fact that Gentry came down from Tallahassee to listen to what CHIP is trying to do gives the group immense credibility, which it deserves because its cause is just and it has worked hard. 

When, for example, Senator Cowin was dragging her feet at the last minute on drafting a bill for CHIP, the group sat down and wrote it’s own. It may have been a bit far-reaching for having chances of passing, but it was darn well written. 

Baxley even quipped the other day in amazement that it was better than some of the stuff that comes out of the legislature’s official bill drafting department. 

The important thing is that Gentry listened to CHIP and straight out told them what he thought the industry could live with and support and what it would have problems with. 

That kind of candor and advice you can’t buy, and CHIP, learning this ain’t Civics 101 anymore and learning how law are really made – through a lot of jawboning and compromise — was listening. 

If CHIP is reasonable, pragmatic and willing to compromise, there’s a good chance it will get what it wants, some reform on the financial reporting law for deed restricted communities, which will be an on-going process. 

The Corridor can be proud to have a group of citizens who have no reason to know how to pass a law but who are willing to give their time and stay the course to see the right thing is done. 

Here’s what they didn’t teach you in school. Here’s your real civics class. 

With Baxley’s and Argenziano’s help, and Gentry has pledged to work with them, the group has a good chance. This is the kind of citizen involvement and commitment this nation needs. 
CHIP meets with lobbyist 

By Jim Hunter  ©  South Marion Citizen
07/20/01

Some Corridor residents campaigning for reform of state law regarding financial reporting in deed restricted developments met with two area legislators and a key building industry lobbyist July 17. 

The small group discussed how the Concerned Homeowners in Partnership (CHIP) could get meaningful legislation passed this coming session that would help homeowners get financial information on their amenity and maintenance fees from their deed restricted developments. 

Currently, the law requiring an accounting of funds collected by developers in those communities is vague and lacks oversight and penalties. In many cases developments are exempted from the reporting rule altogether. Some residents complain they can’t get a real accounting from their developer. 

CHIP has been trying to change that and though it got a bill filed last year, the bill did not get out of committee. 

This year the group vowed to do better and so a meeting was set up with state Representatives Nancy Argenziano, R-Crystal River, Dennis Baxley, R-Ocala – who represents the Corridor – and Richard Gentry, the general counsel for the Florida Homebuilders Association. 

CHIP President Buddy Catledge said Gentry is one of the top lobbyists for the building industry. The idea was to explain CHIP goals and motives and find out what the industry could live with and what it would oppose. 

He told Gentry at the meeting that in problematic developments if residents protest not getting the information about how their money is used, they are often told, “Sue me,” by the developer, which is usually not much of an option for retirees. 

After going over specifics CHIP wants in regard to reporting requirements, Gentry said he could see working with nine of the 13 points CHIP listed. 

The places where he saw they would get resistance, he said, involved requiring independent audits, which he said were very expensive. Providing for enforcement and penalties would be another thorny issue, he said. Neither he nor Argenziano felt that authorizing the county to enforce such laws would be popular. 

As to requiring specific information about the monies collected, however, he said they appeared to have some ideas that were “doable.” 

He promised to work with Baxley and Argenziano and important members of the industry to see what they could agree upon in revising the requirements in the reporting law. 

Argenziano, who explained the political realities of all-encompassing or drastic change approaches for legislation, also said she felt it only reasonable for a homeonwer to be able to find out where his money was being spent and how it was being spent. 

``I really think we can get something done,” she said. 

As to a sponsor in the state Senate, CHIP members told Gentry that Sen. Anna Cowin of Leesburg, who had sponsored last year’s bill in a rather stormy relationship with CHIP, has said she won’t have anything more to do with the issue. 

Gentry said, ``If we can find some agreement, I guarentee you it will have a Senate sponsor.” 

Baxley said he felt if CHIP kept its scope limited it could find a win-win situation that would result in some changes in the law. 

Afterwards, in light of Gentry’s remarks, CHIP members seemed to feel that they will have a much better chance this legislative session to see some changes made. 

Though it did not apply to the proposed legislation, Catledge also explained to Gentry how many residents have no idea what they are getting into when they buy in a deed restricted community. With Baxley’s help, CHIP has proposed a pamphlet to the state Department of Consumer Services that would tell prospective buyers what they need to know about a deed restricted community before buying.