Dear Chairman and commission members, 

The following presentation includes: 

• Excerpts of several HOA stories in Florida
• A legislative staff analysis and final status of HB 887, our Property Reform Task Force bill, filed during the 2002 Legislative session 
• Excerpts of News Reports relative to the Homeowners Association concept in Florida and elsewhere.

We believe; each commission member has an obligation to insure our state and its agencies are prepared to protect the health, welfare and safety of current and future Citizens of our state. 

Purchasing property in deed restricted communities with a mandatory HOA is merely one aspect of enticing retirees and seniors to relocate to Florida. 

Therefore, the evidence provided is intended to encourage inclusion of provisions in the final draft to create a Property Reform Task Force during the 2003 Legislative session or earlier by an Executive Order of the Governor of Florida. 

Thank you for your consideration. We look forward to a review of your final recommendations. 
Sincerely, 
Robert E. Janauskas 
Ocala, FL 34476
Director - Public Relations - CCFJ, Inc. 
                   ***********************************************************************
Rise of HOAs part and parcel of erosion of U.S. property rights
Too many people in America have accepted the idea that they have the right to tell other people what to do with their private lives and their private property. And they believe there is nothing wrong with using the power of government to enforce those ideas. They have become the Sustainable Development lynch mob. Ask yourself these questions. Do you support zoning laws? Do you support land-development plans and restrictions? Do you support restrictions on where businesses can be placed? Do you support how waterways are used? Do you support historic preservation? Do you support restrictions on building designs to create uniformity? Do you support community growth management? Are you an active member of a homeowners association? In every case, you are licensing the government to infringe on someone else´s property rights. And what happens if a bigger mob doesn´t like what you are doing with your land? Once the precedent has been established the monster is out of the bag. There is no turning back. Tom DeWeese in Toogood Reports -- 10/23/02

Growth of HOAs an example of American propensity to give up freedoms
My dad has traveled to Europe on business on occasion and likes to hit up the taverns to talk to the locals. The most common comment he hears is, "You Americans; you talk about freedom but always take it away from yourselves. You folks don't know what freedom is." The omnipresent homeowner's association is another example of our perpetually choosing to dispose of our own freedoms. Ariel Urena in Technician Online.com -- 10/21/02

Gated living under private HOA governance falls short of expectations
A historic library with an overgrown lawn and rats. One narrow entrance for 72 homes in a gated community. Homeowner's association meetings that turn into shouting matches. Pioneer Village residents say this is what they've been dealing with since they moved into homes they were promised would be family friendly. ''The place is advertised as a private gated community, but we're not getting that,'' Frank Norman said. Since residents began moving into the downtown Homestead community three years ago, there has been continual controversy over the homeowner's association, the Historic Lily Lawrence Bow Library and a yet-to-be-built playground for neighborhood kids. Daphne Duret in The Miami Herald -- 10/27/02

Private HOA governance labors under ignorance, controlled chaos, conflict
Some Boards are dictatorial. Some are out to lunch and no one is steering the HOA's ship. But that's a people problem, not a governmental theory problem. HOAs are governments not unlike others. They just have special needs. And most Boards are doing pretty well considering their limited training. Governing an HOA is difficult even under the best of circumstances. Better Board education is the answer. In the past, information and education was difficult or expensive to get. The few that had it exacted a high toll for bits and pieces. Some promoted the myth of unresolvable conflict because it was in their interest to do so. By keeping Boards in the dark, they could control the chaos and get paid for doing it.
Richard Thompson in Realty Times -- 7/3/02

                  ********************* HOA Stories relative to Florida *********************
Florida HOA's CC&R commandos
In her silver Lexus, Mary Haslam patrols The Lakes in Weston, on the lookout for dirty mailboxes, mildewed houses and larger-than-approved For Sale signs. She points to the browning dead hedges on a house on Cameron Court and says, ``Bingo!'' Aided by her sidekick and neighbor Kathy Astley, Haslam is a volunteer foot soldier, one of five, in the fight against residential rule-breaking. By day, the five hold such jobs as Realtor and high school principal. By night, they roam the neighborhood in search of homeowner association rule violations, which carry fines as high as $100 a day for up to 10 days. Jasime Kripalani in The Miami Herald -- 10/27/02

Florida county to lease HOA common area for public park
West Boca· Loggers' Run residents have reached a compromise with Palm Beach County over leasing a 27-acre wooded area on the northeast corner of Palmetto Park Road and Ponderosa Drive and turning it into a public park. County parks director Dennis Eshleman said on Tuesday that attorneys for the homeowners association are restructuring the agreement to reflect the changes decided at a noisy board meeting Sept. 30 attended by more than 200 homeowners. Sar Perlman in the Sun-Sentinel -- 10/27/02

Florida city allows development to gate streets in privatization bid
TAMPA PALMS - Westover residents' longtime effort to privatize their village cleared the final hurdle Thursday with Tampa City Council approval. The unanimous vote to vacate city right of way allows Westover's homeowners association to install electronic gates, first proposed eight years ago. The laborious effort initiated in 1994 required unanimous approval of Westover's 61 homeowners plus majority approval of the Tampa Palms Community Development District and, finally, city council. George Wilkens in The Tampa Tribune -- 10/26/02

Florida AG "shocked" by HOA's challenge of its authority
The Florida Attorney General's Office is investigating an attempt by the Forest Lake Estates Civic Association to expel five foster children and is "shocked" by the association's "lack of cooperation." The civil rights division of the Attorney General's Office sent a letter to the Port Richey neighborhood association Oct. 9, asking for any documents related to the case of foster parents Steven and Corinna Gourlay. The letter demanded that the association produce the records within 10 days. Association attorney Donald Peyton responded with a letter dated Oct. 14 in which he questioned the "legal authority" of the Attorney General's Office to demand the records. Cary Davis in the St. Petersburg Times -- 10/24/02

Foster parents sue Florida civic association in federal court alleging violation of Fair Housing Act
TAMPA -- The Forest Lake Estates Civic Association has the right to tell families in the Port Richey neighborhood what their homes should look like on the outside. But the civic association has no authority, according to a federal lawsuit filed Tuesday, to regulate the makeup of families in the neighborhood. "At least not in America," attorneys for Steven and Corinna Gourlay said in a letter Tuesday to the civic association. The lawsuit, filed in U.S. District Court in Tampa, marks a dramatic shift in an escalating battle pitting the civic association's authority to enforce deed restrictions against the Gourlays' right to raise foster children in Forest Lake Estates. 
Cary Davis in the St. Petersburg Times -- 10/23/02

Flanked by attorneys and backed by the American Civil Liberties Union, foster parents Steven and Corinna Gourlay sued the civic group and its vice president over fair housing laws, the latest volley in an increasingly divisive dispute. "It's gone farther than we ever thought it would,'' Corinna Gourlay said, clasping her husband's hand outside the U.S. courthouse. "It has to be resolved one way or another.'' TBO.com News -- 10/23/02

Florida HOA wrong to threaten eviction of family with foster kids
The labeling of foster children as a piece of merchandise and the caring of them as a business is a capricious and callous attitude that has no basis in the law. To pursue this ligation is not only morally wrong but a waste of homeowners' funds. 
Letters to the editor, St. Petersburg Times -- 10/6/02

Another legal setback for Jupiter, Florida HOA flag flier
Jupiter "flag man" George Andres and his wife encountered another legal setback in their two-year fight over a flagpole the ex-Marine erected in the front yard of his Indian Creek home. Palm Beach County Circuit Court Judge Catherine Brunson dismissed motions by Andres' Boca Raton attorney Barry Silver to dissolve her previous rulings against the Andres and to disallow a motion from West Palm Beach attorney Steven Selz to seize one of Andres' bank accounts. The account in question is one set up by Andres for funds sent to him by supporters around the world who have been following his battles with the Indian Creek Phase III-B Homeowners Association. The association board sued Andres after he refused to dismantle a 12-foot PVC flagpole from which he flies the American flag in his yard. 
Randall Murray in The Jupiter Courier -- 10/21/02

Columnist blasts Florida HOA in flap over flying of Marine Corps flag
Just like the Marine Corps has its share of rule-happy martinets, homeowners associations are populated with a minority of horses' behinds hopped up on a little bit of power and unwilling to either salute the flags of freedom or, at a minimum, look the other way when passing by.
Brent Batten in the Naples Daily News -- 7/21/02

Florida HOA flag flying legislation unnecessary
Here's news for home- owners: The Florida Legislature will let you fly the American flag, as long as you do it respectfully. Next, lawmakers might consider bills allowing you to breathe oxygen as long as you do so in a prudent manner, or grow hair as long as it's appropriately styled. 
Guest editorial by the Daytona Beach News-Journal in The Florida Times-Union -- 4/6/02 

Florida HOA official enforces conformity
PORT RICHEY -- In the homogeneous, earth-tone world of deed restrictions, painting your garage door in a pink-and-purple checkerboard pattern is a risky proposition. Such displays of personal expression can earn you a quick and unpleasant visit from the deed restriction police. But here in picturesque Forest Lake Estates, where controversy over a foster family has polarized a neighborhood, Walter Lucas' pink and purple garage appears safe. Why? Because 68-year-old Walter Lucas is the deed restriction police. And if you don't fit in with his vision for the neighborhood, say those who've locked horns with him, watch out.
Cary Davis in the St. Petersburg Times -- 10/20/02

Judge orders Florida HOA "flag man" to allocate his supporters' contributions to HOA fines
JUPITER -- Jupiter "flag man" George Andres and his wife encountered another legal setback in their two-year fight over a flagpole the ex-Marine erected in the front yard of his Indian Creek home. Palm Beach County Circuit Court Judge Catherine Brunson dismissed motions by Andres' Boca Raton attorney Barry Silver to dissolve her previous rulings against the Andres and to disallow a motion from West Palm Beach attorney Steven Selz to seize one of Andres' bank accounts. The account in question is one set up by Andres for funds sent to him by supporters around the world who have been following his battles with the Indian Creek Phase III-B Homeowners Association. The association board sued Andres after he refused to dismantle a 12-foot PVC flagpole from which he flies the American flag in his yard. 
Randall Murray in the Jupiter Courier -- 10/19/02
WPBF TheWPBFChannel.com -- 10/18/02

                       ************ HOUSE BILL 887 - 2002 Florida Session *************
STORAGE NAME: h0887.sa.doc 
DATE: February 4, 2002 
                HOUSE OF REPRESENTATIVES COMMITTEE 
                     ON STATE ADMINISTRATION ANALYSIS 
BILL #: HB 887 
RELATING TO: Mandated Property Reform Task Force 
SPONSOR(S): Representative(s) Melvin and others 
TIED BILL(S): SB 1484
ORIGINATING COMMITTEE(S)/COUNCIL(S)/COMMITTEE(S) OF REFERENCE: 
                (1) STATE ADMINISTRATION 
                (2) FISCAL POLICY & RESOURCES 
                (3) FISCAL RESPONSIBILITY COUNCIL 
                (4) 
                (5) 

I. SUMMARY: 
Current law provides statutory recognition of homeowners’ associations and sets forth certain duties and responsibilities for such associations. Current law recognizes that it is not in the best interest of homeowners’ associations or association members to create a bureau or other agency of state government to regulate the affairs of homeowners’ associations. There are ongoing disputes between property owners and homeowners’ associations regarding the enforcement of regulations within communities, and many of these disputes have led to lawsuits. 
HB 887 creates the Mandated Property Reform Task Force. The Task Force is charged with reviewing and recommending appropriate changes to the laws of the State of Florida affecting land sales, exemptions, and mandatory homeowners’ associations and disclosure laws related to adult and residential subdivisions. 
The task force must evaluate the changes and additions, if any, to those laws which may be appropriate to protect the interest of consumers and property owners on certain matters. 
By February 1, 2003, the task force must submit a preliminary report; and, by February 1, 2004, the task force must submit a final report to the Governor, the President of the Senate, and the Speaker of the House of Representatives regarding any recommended changes and additions to those laws the task force was charged to evaluate. 
This bill does not appear to have a fiscal impact on local governments, but it does have a fiscal impact on state government. HB 887 appropriates $100,000 from the General Revenue Fund to the Office of Legislative Services for the purpose of paying administrative expenses and funding contracts necessary to carry out the provisions of this act. 
THIS DOCUMENT IS NOT INTENDED TO BE USED FOR THE PURPOSE OF CONSTRUING STATUTES, OR TO BE CONSTRUED AS AFFECTING, DEFINING, LIMITING, CONTROLLING, SPECIFYING, CLARIFYING, OR MODIFYING ANY LEGISLATION OR STATUTE. 

II. SUBSTANTIVE ANALYSIS: 
A. DOES THE BILL SUPPORT THE FOLLOWING PRINCIPLES: 
              1. Less Government Yes [] No [X] N/A [] 
              2. Lower Taxes Yes [] No [] N/A [X] 
              3. Individual Freedom Yes [] No [] N/A [X] 
              4. Personal Responsibility Yes [] No [] N/A [X] 
              5. Family Empowerment Yes [] No [] N/A [X] 
For any principle that received a “no” above, please explain: 
This bill creates a new commission. 
B. PRESENT SITUATION: 
Chapter 720, F.S., pertains to homeowners’ associations.
1 The purpose of this chapter is to give statutory recognition to corporations that operate residential communities in the state, to provide procedures for operating homeowners’ associations, and to protect the rights of association members without impairing the ability of such associations to perform their functions. This chapter sets forth various requirements for homeowners’ associations. The powers and duties of the associations include those set out in Chapter 720, F.S., as well as those set forth in the governing documents (2) of specific homeowners’ associations. 
Each member of an association, as well as a member’s tenants, guests, and invitees, and each association are governed by both Chapter 720, F.S., and the governing documents of the community and the association. 
Any action to redress alleged failure or refusal to comply with any of these provisions may be brought by the association or any member of the association against the association itself; a member; any director or officer of an association who willfully and knowingly fails to comply with these provisions; and any tenants, guests, or invitees occupying a parcel (3) or using the common areas.
4 Section 720.311, F.S., specifies that the Legislature finds that alternative dispute resolution has made progress in reducing court dockets and trials, and in offering a more efficient, cost-effective option to litigation in disputes regarding homeowners’ associations. 
---------------------------------------------------------------------------------------- 
    1) Section 720.301(7), F.S.. A “homeowners’ association” or “association” is defined as a “Florida corporation responsible for the operation of a community or a mobile home subdivision in which the voting membership is made up of parcel owners or their agents, or a combination thereof, and in which membership is a mandatory condition of parcel ownership, and which is authorized to impose 
assessments that, if unpaid, may become a lien on the parcel. The term ‘homeowners’ association’ does not include a community development district or other similar special taxing district created pursuant to statute. 
    2) Section 720.301(6), F.S., defines “governing documents” as “(a) [t]he recorded declaration of covenants for a community, and all duly adopted and recorded amendments, supplement, and recorded exhibits thereto; and (b) [t]he article of incorporation and bylaws of the homeowners’ association, and any duly adopted amendments thereto.” 
    3) Section 720.301(9), F.S., defines “parcel” as “a platted or unplatted lot, tract, unit, or other subdivision of real property within a community, as described in the declaration: 
     (a) Which is capable of separate conveyance; and 
     (b) Of which the parcel owner, or an association in which the parcel owner must be  a member, is obligated: 
1. By the governing documents to be a member of an association that serve the community; and 
2. To pay to the homeowners’ association assessments that, if not paid, may result in a lien.” 
     4) Section 720.305, F.S. 

C. EFFECT OF PROPOSED CHANGES: 
HB 887 creates the Mandated Property Reform Task Force. The Task Force is charged with reviewing and recommending appropriate changes to the laws of the State of Florida affecting land sales, exemptions, and mandatory homeowners’ associations and disclosure laws related to adult and residential subdivisions. 
The task force must evaluate the changes and additions, if any, to those laws which may be appropriate to protect the interest of consumers and property owners on  matters including : 

• Control of the homeowners’ association’s operations; 
• Management and maintenance; 
• Disclosure of financial reports by developers or owners; 
• Disclosure of all governing documents governing the real property; 
• Penalties for noncompliance; 
• Oversight and funding for protection of consumers’ and property owners’ interests; 
• Alternative dispute resolution; and 
• Assistance in the formulation of rules to implement enforcement. 

The task force will consist of the following members: 

• Eleven members appointed by the Governor; 
• Five members appointed by the President of the Senate; 
• Five members appointed by the Speaker of the House of Representatives; 
• A representative from the Attorney General’s office; 
•  *** The following paragraph should not have been included in the original bill. *********************** 
• Twelve members representing homeowners’ rights and consumer interests selected from a pool of candidates solicited for appointment by the Governor, the President of the Senate, and the Speaker of the House of Representatives. Six of these members are chosen by the Governor, three are chosen by the President of the Senate, and three are chosen by the Speaker of the House of Representatives; and 
• Five members of the Legislature to serve as ex officio, nonvoting members, including three senators and two representatives. The senators, appointed by the President of the Senate, must include a member of the Senate Agriculture and Consumer Services Committee, a member of the Senate Judiciary Committee, and a member of the Senate Regulated Industries Committee. The representatives, appointed by the Speaker of the House, must include a member of the House Committee on Business Regulation and a member of the House Committee on Judicial Oversight. 

VI. AMENDMENTS OR COMMITTEE SUBSTITUTE CHANGES: N/A 
VII. SIGNATURES: 
COMMITTEE ON STATE ADMINISTRATION: 
Prepared by: 
Staff Director: 
Lauren Cyran, M.S. J. Marleen Ahearn, Ph.D., J.D. 
(9) http://www.ccfj.net 
(10) Pursuant to an email received from the President of the Cyber Citizens for Justice, Inc., on January 31, 2002

                     *************** OTHER State’s STUDY HOA's *****************

Public Policy Institute of California study of CIDs
Abstract: Individuals are increasingly opting to live in common interest developments (CIDs) such as planned developments, master-planned communities, condominiums, and cooperatives. These communities often resemble local governments in their scope of activities, yet they are not subject to the same public accountability and oversight as public entities. The rapid growth of CIDs in California has generated considerable popular debate and exhortations for enhanced state regulation of these communities. This project will provide an empirical basis for the debate using a variety of data sources merged to geographic information on the locations and attributes of common interest developments in California. Findings from this research will help policymakers to decide among proposed policy options, including enhanced state regulation of common interest developments as well as modifications to local land use planning, zoning, subdivision, and permitting processes.
Recommendations of New Jersey Assembly Task Force To Study Homeowners' Associations
"By authorizing homeowners' associations in certain planned real estate developments to exercise the power to levy fines on owners residing in the community and to impose liens in order to collect those fines, the Legislature, in effect, delegated governmental powers to private entities."