CCFJ, Inc. Presentation
CYBER CITIZENS FOR JUSTICE, INC.

3345 Kings Rd. S.
St. Augustine, Fl. 32086
Phone: (904) 794-0888 

E-Mail: [email protected]
WebPages: http://www.ccfj.net/

January 9, 2004

HOA TASK FORCE AGENDA ITEMS:
Government Agency/Ombudsman’s Office

After we have listened to all the testimony and have read all the supplied documents, it is very obvious that the current system is not working in the interest of the homeowners.  FS 720.311 -- Dispute Resolution – doesn’t function and doesn’t produce the results as intended when created by the legislators.

The only obvious solution for this growing problem is the creation of a powerful government agency with enforcement power. This can only be achieved if all mandated properties – regulated by FS 718 through 723 – will be united under one roof. This would as well create the necessary finances for a well-funded agency.  A $4 door-charge would give this agency an estimated annual budget of more than $20 million.

Other resources would be freed also.   Paid for by the Florida taxpayer, our legal system  is overwhelmed with full dockets.  Courts all over Florida are calling for more judges and more finances. Taking away the onslaught of many of these association lawsuits would definitely create some air for the besieged courts.

We won’t gain one inch toward solving the many problems that exist, unless we create a regulatory agency.  Fancy proposals and suggestions won’t help us without an agency empowered to enforce the statutes and regulations.  Without adequate supervision for mandated properties, we will clearly fail the job envisioned by Governor Bush when he formed this task force.

Or is it the idea of the legislators that homeowners should have to spend more than $10,000 to receive a copy of the minutes of last year’s board meeting, because they have to go through an expensive legal system to get what’s rightfully theirs?

But we sure need a good independent, strong agency, financed by the consumers whose lives are affected when they purchase real estate in a mandatory property owners’ association.  Vital checks and balances can empower the agency to protect the  consumers’ rights.  Our citizens deserve the best security we can help them achieve!

This AGENCY should serve the following purpose:

Regulation Of Mandated Properties FS 718 - 723

Among the tasks: 

  1. Mediation -- with no cost to parties. System like California Small Claims Court: No attorneys, if not direct party to complaint.
  2. Investigation Of Complaints -- with the power to levy fines and penalties against violators of laws; to remove board members if necessary. Include the power to pull permits for industry professionals. Include supervision of meetings and elections, if so requested by owners.
  3. Auditing Financial Statements Of Associations -- to consider embezzlement  complaints.
  4. Call-in Hotline -- to respond to quick questions to simple interpretations of the laws. The quick: How-To! Telephone, mail and e-mail access!
  5. Education By Agency Employees -- The necessity of education –  homeowners and board members – is obvious. But we need education  by an independent entity, not by a trade organization with a vested  interest. Homeowners and board members deserve an education on “How To Get  Along” NOT on “How To Enforce.”
  6. Control Of Disclosure Procedures -- to investigate complaints of non- disclosure, according to the Florida Statutes FS 689.26.
  7. Regulation Of Community Association Managers -- Since the DBPR tried to deregulate CAMs, it would be in the best interest of all parties to add the regulation of this profession to the agency created for the purpose of regulating mandated properties. Many of these issues are directly related to the proper functioning of the associations.

An agency created under these guidelines would definitely harmonize and improve relations among homeowners, homeowners’ associations and other related entities, as envisioned by Governor Bush, without adding an extra tax burden to the Florida taxpayer.

Respectfully,
Jan Bergemann
President Cyber Citizens For Justice, Inc.

IN ALLIANCE WITH: 
League of United Latin American Citizens (LULAC)
Concerned Homeowners In Partnership (CHIP) 
Property Owners Association In The Villages (POA) 
Fair Housing Center Of Palm Beach (FHCPB) 
Consumer Advocacy Network (CAN)
Property Rights Florida (PRF)

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