Property owners from all over Florida came to Tallahassee on Wednesday, March 30, 2005 to support our “Rally In Tally” -- asking our legislators to support our reform proposals for owners who live in associations.  And we definitely think that is was a great success.  Owners from as far as Miami drove to Tallahassee to make their demands known.  This was a great grassroots effort and it showed how many owners feel strongly about the existing laws -- and the lack of education, accountability and enforcement!

CALL is the lobbyist group of the law firm of Becker & Poliakoff, one of the specialized law firms that profits from the lack of actual government oversight.  CALL had also organized a rally to promote their own agenda.  It was no surprise that Becker & Poliakoff made every effort to fly some association board presidents to Tallahassee.   However, it would have been an honest effort, if they had supplied these well-meaning senior citizens with the correct information about the bills in question.  Instead, CALL supplied a twisted interpretation -- or even false information -- about these bills.

Legislators and members of Cyber Citizens For Justice, Inc. discussed the concerns with these long-term association board members and quickly found that the information supplied was faulty -- to say the least!  Most had never actually read the bills they sought to oppose.  In some cases it was even embarrassing to see how good people, acting in good faith, were clearly misled, simply to create the necessary numbers to oppose the bills.

In one case, a group of these senior board members even had to apologize to a representative for verbally attacking him  --  for issues that were not even included in the bill. These discussions made it very clear that neutral education is an absolute necessity.  I have never heard more misinformation in one afternoon as on March 30 in Tallahassee.  But I don’t blame these obviously well intentioned board members.  I place the full blame on CALL and the attorneys behind CALL for the misleading information supplied to these people.

And this discussion surely made one thing very clear:  People willing to oppose a bill should definitely read the bill first -- before publicly opposing it.  Don't just believe everything you're being told -- it could turn out to be embarrassing!

Highlight of the day was the press conference held on the rotunda of the Fourth Floor of the Capitol at 12:30 PM, attended by the media and supporters from both sides of the fence!

House Representatives Julio Robaina and Juan Zapata (both R -- Miami) clearly explained the reasons for the proposed House Bill 1229 that would bring owner-friendly reforms to condo associations and homeowners’ associations.  Both representatives think that it is obvious that the current system is flawed.  Lack of education, enforcement and accountability must be addressed by the legislature. "Reforms are necessary" was the theme.

George Andres, a.k.a the "Jupiter Flag Man", spoke about his legal ordeal -- his "crime" was flying Old Glory from a flagpole on his own property -- and his final victory and the efforts of saving his home from foreclosure! He thanked his pro bono attorney Barry Silver from Boca Raton, and Attorney General Charlie Crist for their help. Andres promised to turn his personal battle into public advocacy. Nobody in this country should go through the ordeal he had to go through.

Bill Reeves, attorney for "We The People" and former Director of the Division of Florida Land Sales, Condominiums and Mobile Homes, emphasized that the current regulation and enforcement definitely lacks teeth and has to be improved in order to provide the necessary consumer protection.

Jan Bergemann, president of the consumer alliance Cyber Citizens For Justice, Inc. -- the organization trying to unite Florida's owners and pushing for reforms -- thanked the legislators for their tireless efforts to make these reforms possible and to help owners achieve the goal: "GIVE ASSOCIATIONS BACK TO THE OWNERS!"

Rally In Tally was definitely a great success.  According to our information, this was the first press conference ever held by legislators in the Capitol to support reforms of mandated properties.  And it shows that a concentrated effort of citizens still can generate the necessary support from legislators to create more consumer-friendly laws -- and the necessary enforcement of these laws!  But only if we citizens work to unite our efforts!

This event was as well a clear warning for the members of the retired generation.  We grew up in a time where the opinion of an attorney was still something that could be relied upon.  The term “ethics” was still a valued part of the vocabulary.  And a so-called “officer of the court” was still considered a person who tried to uphold the law!

This has changed! 

We have to learn that these specialized lawyers only have one thing in mind: $$$$$$$$$$

Just one suggestion for the board members who feel that they have to side with these attorneys -- and not their fellow owners and neighbors:  Form your own opinion before opposing bills.  Opinions given to you by “helpful” attorneys cannot be taken at face value.  Educate yourself before opposing issues that are not even mentioned.  If you don’t seek the proper information, it could turn out to be very embarrassing!  I'm convinced that quite a few of our opponents would join hands with us, if properly informed.

On a similar note:  The attorneys are comparing apples and oranges in order to confuse many well-meaning board members.  HB 1229 (the bill sponsored by Representative Julio Robaina) contains only very few confrontational issues -- how can education, enforcement of existing laws and accountability be confrontational?  Senate Bill SB 2632 is the so-called anti-foreclosure bill.  To confuse the issue, the attorneys have mixed provisions from both bills. Just for the record:   HB 1229 and SB 2632 have nothing to do with each other. 

And to set the record straight, SB 2632, filed by Senator Gary Siplin, doesn't allow liens and foreclosures for unpaid dues under $2,500.  That means that boards can continue to use any regular legal action to place a judgment against owners who do not pay their dues.  Small Claims Court is a very effective way -- easy and inexpensive!
There is only one reason the attorneys don't like it  --  It doesn't create the big legal fees that liens and foreclosures do.

Don't forget:  The only ones who really profit from liens and foreclosures are the attorneys.  Do you know that the association is the last one paid, when an owner loses his home to foreclosure?  A board found out that many owners are anyway not in favor of foreclosing on a neighbor's home.  Read:  Residents Vote Out Top Board Officials Over Foreclosure Lawsuits

And legislators in California definitely agree with stopping abusive foreclosures for small amounts.  The CA anti-foreclosure bill (Used to create SB 2632) just passed the key Senate committee.  Read: Bill to ban foreclosures for small debts clears key Senate panel

It seems in California legislators finally woke up to stop this abusive method to collect dues.  There are more neighborly ways to collect dues, but just not as “friendly” to the attorneys!

HOMEOWNERS AND CONDO-OWNERS IN FLORIDA UNITE!

IT IS TIME THAT WE REGAIN THE POWER BACK IN OUR ASSOCIATIONS!

TELL THE LEGISLATORS THAT YOU WANT A PEACEFUL COMMUNITY!