Thank you for the opportunity to address you today. 

According to the DBPR announcement, public input is limited to the previously established agenda items and the co-chairs’ were selected before this organizational meeting was convened. 

These actions create the perception that the conceptual integrity of this task force is not as envisioned by consumer advocates. There appears to be an obvious bias, by virtue of the fact, the task force representation is not equally balanced. In our circle of friends it could be concluded; the “scales of Justice” are tilted.

To be effective, the task force must decide if it is truly interested in reform of laws related to mandatory homeowners’ associations created by developers and the sale of property in deed restricted communities Your mission is complicated because there are a myriad of issues that must be laid on the table for discussion and consensus must be reached before meaningful reform can be advanced.

“Flags” and “Definitions” are not the driving force behind meaningful reform as implied by the task force agenda. 

I promise to make a concerted effort to maintain a positive attitude about the task force and look forward to worthwhile discussions of pertinent issues. The final report of the task force will be the defining critique. 

Comments About Agenda Items 

The Flag issue is not as important as HOW the flag is displayed. This agenda item brings into play more questions than answers, i.e., 

• Can the U.S. Flag be displayed from a free - standing flagpole? 
• Can all other flags be displayed on a free -standing flagpole below the U.S. Flag and never alone? 
• Shall the display of a flag or banner (other than the U.S. Flag) be limited to a display from a bracket on the front of the residence or garage or condo 
• Should current provisions of law re display of a U.S. Flag be amended to read; 

This proposed amendment is applicable to all Citizens of Florida not simply those residing in a deed restricted community with a mandatory homeowners’ association.

If this task force concludes that it can adopt the display of other flags, as enacted for condominium communities, there’s no reason to believe it couldn’t adopt the proposal to amend current provisions re display of the U.S. Flag. 

Who Should Govern? 

Developers create homeowners’ associations as defined in Chapter 720 and Chapter 617 F.S. and, if the developer relinquishes control, a HOA might/might not have the statutory power to manage the community. 

A developer can control the HOA and appoint the board of directors to serve his whims and pleasures. Through his surrogates, the developer retains unilateral rights and powers to amend the documents without approval of those enticed to reside therein.
 
Another part of my answer is; mandatory membership in a homeowners’ association without statutory recognition to manage the affairs of the community, as defined in Chapter 720, F.S., should not be required. 

Finally, Community Association Management companies and their agents must not be included in the HOA definition. The character of these companies, albeit some assume control by their own existence and the complacency of the HOA board of directors, must remain a separate, distinct and licensed entity responsible ONLY for services rendered, pursuant to statute. 

Once again, thank you for providing the opportunity to express my views. I wish the task force success in its deliberations and look forward to attending other meetings.

In closing, I want to take this opportunity to thank Governor Jeb Bush for requesting the task force and Secretary Carr for implementing the process. 

Robert E. Janauskas – Marion County Contact for Cyber Citizens For Justice, Inc., 
wishfer@att.net

CCFJ includes an alliance with:
Concerned Homeowners In Partnership (CHIP) 
Property Owners Association in The Villages (POA)
Fair Housing Center of Palm Beach (FHCPB) 
Consumer Advocacy Network (CAN)

Attached: HOA HORROR Stories