Dear Commission Members,

Thank you for allowing me to take up your valuable time to voice my concerns.

According to the announcement of Governor Jeb Bush this commission was created in order to enhance Florida’s senior friendly image and attract even more senior residents and retirees to our State.

According to the commission’s agenda one of the major concerns is Housing. And I absolutely agree with the importance of this issue.

Today is the last day of the month of October, as well known as Halloween. I don’t want to tell you scary stories. Even if some of the following stories may sound very scary, especially for retirees living on a fixed income, unable to pay huge legal fees to fight for their rights. 

I just want to give you some headlines, accumulated in the month of October.

• Tampa – Condo Board wants to evict service dog of handicapped person. Reason: dog is too heavy according to deed-restrictions.

• Tequesta – Board decides to sign contract to erect and maintain sign on city property at the cost of $ 1.200.00 for each of the 19 homeowners. Couple legally challenges this decision, since dues are according to deed-restrictions only supposed to pay for maintenance and improvement of common property. Judge renders judgment against couple, involving legal cost of about $ 70.000.00. Couple will most likely lose home over it!

• Ft. Lauderdale - Condo board votes on mandatory installation of hurricane shutters without bids – violating Florida Statutes. Cost: about $ 12.000.00 for each owner, payment due in December, otherwise threat of liens. Estimated legal fees for challenge: minimum $ 10.000.00. Lady decides to rather sell her property.

• Boynton Beach: Lady hires painter to paint driveway same color as it has been for the last 10 years: pink! Violation letter from board: Color regulations have changed, no more pink allowed, $ 100.00 a day fine. Added attorney cost $ 1.800.00, attorney threatens with foreclosure. Lady wants to hire attorney, who asks for retainer of $ 5.000.00. Result of color “violation”: lady is losing lots of money, one way or the other.

• St. Augustine: New board president decides that homeowners who are maintaining easements – so-called greenbelts  - since 8 years are in violation of deed-restriction. Law suit has been filed against 21 owners. President demands maintenance workers to cut shrubs and hedges. Six maintenance workers refuse – claiming pending law suit and possible infraction on private property. President fires all of them. They file law suit in return, with big chances to win against association. Homeowners, mostly retirees, will pay for cost, no matter the outcome.

• Tampa : Condo Board votes : pets no longer allowed on premises, not even in the apartments. Get rid of your pets within a month! Board threatens with filing a law suit. Three scared elderly ladies are willing to give up pets (in-house-cats) under tears, because they can’t afford legal fees. Younger neighbor is willing to fight for their rights. Law Suit will commence.

• Dade City – Homeowners complain about shoddy workmanship by developer. Judge grants injunction request by developer: homeowners are no longer allowed to complain in public or take pictures of problems. Reason: workers felt threatened by homeowners taking pictures of repairs.

• Delray Beach – Developer leaves homeowners with $ 280.000.00 debts, to be paid by special assessment. That’s a lot of money for people on a fixed income. Civil law suit has been filed.

• Miramar – Woman goes out of country to attend father’s funeral. Forgets to pay association dues in the amount of $ 90.49. Within four weeks it turned into $ 280.16 – late fees and attorney’s cost. Law firm threatens foreclosure on home, more legal fees.

• Dade City – High priced lake view promised by developer turns out to be smelly wetland mitigation pond. Despite the fact that Florida Land Sale Statutes 498 consider fraudulent acts a third degree felony, the district attorney’s office refuses to prosecute violator – civil matter, no funds available! Couple has to file expensive civil law suit. 

• New Port Richey – Foster parents sued by association for violation of deed-restriction for running business out of home. Foster kids are considered business by association attorney since the parents are being paid by State for the care. General attorney’s office, asking for documents from association, being rebuked by association attorney claiming that GA’s office lacks legal authority.

• Jupiter – Circuit Judge decides to seize bank account of veteran fighting for his right to fly Old Glory from a flagpole in his own front yard. That bank account was established for donations to help him with his legal expenses. This included $ 100.00 donated by Governor Bush at a personal visit on Flag Day. Despite a new bill, signed into law by the Governor, the court battle goes on, possibly costing the veteran his home.

Boards and homeowners’ association attorneys, the fastest-growing group of legal specialists, are violating the rights of homeowners all over Florida. But many, especially retirees, lack the financial means to fight for their rights. And the industry is well aware of it. They know that nobody, especially no government agency, will come to the aid of these abused homeowners, whose dream home is quickly turning into a nightmare. 

Many angry homeowners have asked the Governor and the legislators to create changes. A Task Force, already established in many other States with a big population of elderly people, was proposed in the last legislative session and passed the House committees with flying colors, but was stalled in our Senate, too busy fighting for industry advantages.

The AARP has been approached many times for help, so far without success. The excuse for not getting involved: it’s not on the national agenda.

I have talked to Linda Whitefeather, an attorney for the Department of Elder Affairs, who admitted getting many complaints from abused homeowners. But, she states that these complaints come mostly too late to get legally involved.

It is my opinion that necessary steps have to be taken by the legislature to protect seniors from abusive boards and ridiculous charges. Other States, competing with Florida for being Senior friendly, have already realized the problem and are acting on it. If Florida doesn’t want to fall seriously behind in the race for attracting more retirees, the problems have to be faced and solved, before enticing more seniors to move to Florida.

As long as kids have to come down here to Florida to rescue their parents from abusive association boards and attorneys, or make them move back up North where they came from, Florida is obviously not the senior friendly place many of our politicians claim. We need changes and we need it fast.

I am happy to supply you with details about these and many more cases. These are not just stories, but actual cases happening daily in Florida, mostly documented by court records.

I hope that you find it in your heart, to note all these problems in your final report and to make sure that our Governor sees the necessity of taking action.

Thank you for your time!

Jan Bergemann
St. Augustine, Florida