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AARP targets condo, homeowner boards COMMENTS ON BULLETIN BOARD |
I have been a realtor in South Florida since 1979 and I would love
to live in a Condo but because of the condo commandos, forget it. I
hate to show certain condos because of the problems within the board
and how hard they make it for someone to purchase it. They are
hurting the people they are suppose to help and protect. I have seen
boards sued and lose for stopping sales if they don't like someone.
Too bad they aren't put in jail...........
I am not sure what is worse a Commando, or a completely
non-functioning board.
My first experience with my Condo has left me with place my unit up for sale, and moving to a home with no associations whatsoever. My experience has been costly and unnecessary due to utter stupidity of our board members.
I think if the condo communities enforced rules that would make
a huge difference it condo residents lives. Too many people
purchase and rent to anyone not thinking of those people that
purchase and actually live there. I find not enforcing rules
makes problems multiply because residents feel that if they
aren't enforcing that rule they can break others and it doesn't
matter.
A lot of these condos are filled with old grumpy people that
have nothing better to do. They come here to die and take out
their suffering on everyone around them. Let the old people
live together in misery.....there should be communities for
people UNDER 55 ONLY!
And I'm still wondering why people pay so much for a
glorified apartment building just to be controlled by a
bunch of control freaks who run condo associations. Just
wondering how retarded people are down here?
It was about time that the AARP is getting involved. The
elderly on a fixed income are unable to fight for their
rights against condo-commandos and their high-priced
attorneys.
The comment of Robert Schulbaum,so-called "president of the Delray Alliance", shows clearly why owners need a Bill of Rights. His comment shows why owners need protection against condo commandos and why one of the ten rights listed is "The Right to Reasonable Associations and Directors". He seems to be a typical example for being unreasonable! And Donna Berger's comment: Her typical attempt to distract from the real issue. Her statement is false -- like many others we have seen from her before: There are many people who have left Florida because of bad presidents supported by attorneys who don't mind filing frivolous law suits. That started long before the hurricanes and insurance problems hit Florida's homeowners. And the hurricanes clearly showed that many things are wrong in Florida's associations. So, take off the blinders and face the real world! I can understand that Berger doesn't like the AARP getting involved, but the people she really represents are the cause for the many complaints consumer organizations all around the nation hear on a daily basis. This has to stop -- and the AARP Bill Of Rights For Homeowners is a great step in the right direction! Thank you, AARP! Jan Bergemann, President Cyber Citizens For Justice, Inc. http://www.ccfj.net/
Condo's, are "great" places to live,
especially for busy professionals. I would much rather
live in a quality high-rise, then a boring suburban
tract home with neighbors barking dogs and homes with 10
cars parked out front. The problems for condos arise
with owners who don't pay their assessments -- which I
believe is the crux of the problem.
Before you give Donna Berger much credibility, check
her status with the Florida Bar. There are six - count
them - pending complaints against her with the Florida
bar.
A lot of the reason is that the prices are more in line with what people can reasonably afford. And with insurance usually wrapped into the HOA, it is simpler than trying to find insurance as an individual homeowner. Plus I like apartments, but paying over 12k a year- I mean throwing 12k a year out the window- is senseless. I may as well reap the tax benefits.
We
served 35 pages of violations on our Board - their
response - NOTHING. Our Board President has a
violent temper and has turned off the lights
during evening meeting, leaving 150 people in the
dark. People who try to end this dictatorship have
been assaulted, battered, shouted down in
meetings, had their cars keyed, and several have
had their lives threatened. The response of the
Board - NOTHING.
I support AARP in their goal of protecting condo
owners from abuse from their board of directors.
Well I've got a one room shack out back (opps,
sorry that is a one bedroom condo). Price is
$250,000. I'll even insure it for you.
Freaking bunch of idiots down here in South Florida.
no wonder the area is so screwed up.
AARP will get another donation from me
pronto because this organization seems to
fully understand how horrible it can be when
a homeowner is targeted for termination by a
dishonest board for simply voicing a concern
at a meeting.
After reading their proposal on how to make homeowner associations a better place, I think AARP should get a medal of honor for caring more about all homeowners instead of pandering to the management companies and lawyers. Association boards are just flat lying when they say 95 percent of the people in homeowner associations are happy with their board. In my opinion, AARP should be running the country and I agree with everything they have proposed regarding HOAs. They fully understand the reasons for all the disputes in HOAs and have come up with a comprehensive plan, once again, to solve the problems. I hope legislators listen and adopt this plan into law. The first state to adopt these HOA rules, recommended by AARP, will be the best state in the union to own a home. As a result, homeowners and boards will be on an equal playing field where everyone has to abide by the law.
I sold a condo in Ft. Lauderdale just over
a year ago. The sale was almost stopped
because the board would not approve the
buyer with just a credit report. They were
requiring that he give them pay stubs, tax
returns, etc., as if he were trying to
qualify for a loan. When I moved in, I was
approved with a credit check. I asked the
president to provide me with the condo
by-law and any state law that supported
her position. She faxed me a newspaper
article/advice column about assessment
fees that had nothing to do with the issue
we were fighting over. After a quick call
to the association’s attorney, the
matter was cleared up and the buyer was
approved. The president was clueless when
it came to what her powers were and what
the limitations on those powers were. The
bottom line is many associations are being
run by people who don’t understand the
law. There is a fiduciary duty the
association member’s take on and a
breach of that duty may make them
personally liable to the residents.
I find it offensive that Bob Schulbaum,
of Delray Beach, president of the Delray
Alliance would say We may be retired but
we're not retarded. If he is implying
"retarded" is equal to stupid
he should issue an apology. He should
think before he speaks.
There are many problems that can
plague a condo. But poor or uneducated
board members actually do the most
damage. I live in a condo where on
average 40% of the owners do not pay
on time. Just Lovely!
I think reform is need across the board. Regardless of age of the owner. Our only outlet is the DBPR, which is a joke. I have filed complaints months ago. Get this.... they still have not gotten to it YET!!!!! Our taxes paying dollars at work...It sucks. I as a responsible unit owner, I am victimized by the deadbeat within my association. Because they are shocked that the cost of living has increased right along with the value. DUH!
Hopefully, legislation will extend
to Homeowner Associations which have
the same problems as Condominium
Associations. The legislature's
reluctance to "regulate"
homeowner associations is
disingenuous. In addition to
legislation on the AARP issues there
must be a regulatory body
established to review complaints,
with accompanying supporting
documents, which has the authority
to render decisions promptly
(similar to Arbitration). Mediation
is a waste of time since there are
boards and their attorneys who will
not mediate the matters raised by
homeowners brought before the
mediator.
That both sides have valid points.
A weak association that doesn't
enforce he rules is bad for
owners. A strong association that
is overly picky in enforcing the
rules is bad for owners.
Most people who move into condos don't have any idea what they are taking on and what it means to be joint owners. They forget that they give up some of the "rights" of home ownership in exchange for the benefits of condo living (its the same or worse in homeowners associations). If people really want to solve the problem, rather than fighting or litigating, how about requiring boards and board members attend training and maybe even make prospective owners do it too?
AARP position is an excellent
one. Homeowners and condo-owners
has been victimized by
unscrupulous attorneys and
associations for decades.
The State Governments responsible for enacting laws that can be enforced has just sitting idle and, perhaps, enjoying the show, without really taking the issue seriously; it's our opinion that, sometimes, there are legislators that siding with these unscrupulous people, disregard homeowners complaints for the continuous abuses against their own constituents. IT IS ABOUT TIME TO STOP THESE ABUSES. THANK YOU AARP for your concern for homeowners and condo-owners. Abdon R. Obregon
If there were not so many
dissatisified HOA/Condo
members this would not be an
issue. At least, with AARP in
the fray, perhaps someone will
listen to the very real horror
stories and abuses of Condo/HOA's.
The fact remains that
directors have no
accountability and can
selectively enforce code and
make deals as they see fit
under the guise of
"benefit to the
community.
Hooray, maybe we can get
some justice. I had a Board
led by an attorney/Board
President sue me for a $350
wooden gate which other
homeowners and the developer
had put up all over the
community, and he ran up
$67,000 in legal fees on the
POA side making me comply.
The judge only allowed the
POA to collect $43,000 from
me. The reason he didn't
allow all of the expenses,
is that they were
unreasonable, and allegedly
there was a referral fee
back to the
attorney/Board/President. My
expenses came to $36,000 for
a whopping total of $103,000
spent strictly on attorneys,
over a $350 fence. In 6
years there has never been
any similar lawsuits, and
the rest of the story is
that I previously ran for
the Board challenging the
Board in power, three times.
They were obviously trying
to shut me up.
It's long overdue. Who
wags the tail?
We have been living in a Condo for 12 years (after retirement) and all the Board Meetings are run by the Directors but controlled by the Management Company. We pay the bills by high cost of Condo fees but have no say on how it's spent. They do what they want and the Board goes along with them.
Dear Sun Sentinel and
Joe Kollin:
Great article. I hope we see follow-ups to this article until something is done to improve the plight of the Condominium Owners. Thank goodness for the efforts of Jan Bergemann. Until Jan came along, the rights of the Owners were being trampled on by the lobbying organization of the state's largest law firm. Until Jan came along, the voice of the Owners were being gagged by such organizations as CALL. Thank goodness for the work of the AARP, in promoting a "Bill of Rights." How sad that any organization must fight for a "Bill of Rights" in the United States. Florida law is inadequate to protect the rights of the Owners of Condominiums and homes within home owner associations. The Department of Business and Professional Regulation (DBPR) is staffed with dedicated professionals. However, they are staggeringly overworked. Worse, they are limited to attempting to enforce Florida 718 and 61B. Although the key condominium documents are the Declaration of Condominium and By-Laws, these can only be enforced by a Civil Law Suit against the Condominium Association. The Association will then use YOUR money to fight your lawsuit. Even when the DBPR finds violations, they are not policemen or judges. When our Board was found to have violated our right to a secret ballot in the Board election, the only sanction was a letter from the DBPR. We need training and continuing education for those who would serve on a Board. They must have training similar to the Condominium Association Manager before they are elected to a Board, and then they must earn continuing education credits. Most Boards do not recognize that a condominium or homeowner's association is a corporation. A Board President is accountable to the other members of the Board, who can fire him/her at any time. The President of a Board may actually have less power, for s/he servers at the pleasure of the Board. Many confuse this, fact, probably because of the title of president. This has nothing to do with the INDEPENDENT powers exercised by a head of government, such as the President of the United States. In a corporation, the president has no special powers. I salute the efforts of Jan Bergemann – and hope that he stays the course. I salute the efforts of the DBPR – and hope that our Legislature will give them the powers to enforce not only 718 and 61B, but also our Condominium Documents! I salute the efforts of the AARP and its creation of a Bill Of Rights for Homeowners. I challenge our Governor and Legislature to give us the AARP's Bill of Rights, and to empower the DBPR to enforce our rights! Thank you, AARP! Grayson Walker, Ph.D. Southpoint Concerned Citizens http://www.Southpoint-Condominium.org/
Many Associations in
Florida abuse their
powers and need to be
more closely
controlled by
legislation. AARP
represents many people
in the USA and has as
much right to lobby as
any other group. I
urge the state
legislators to get
behind this movement.
Michael Brown Punta Gorda, FL
Good News for
Homeowners
everywhere! I will
join ARRP just to
help promote their
actions towards this
issue!
In my experience
as both a condo
owner and a
board of
director, it's
the directors
that are abused
by the unit
owners.
We work as volunteers, but it doesn't stop unit owners from knocking at my door at all hours, expecting me to handle matters that are not in the realm of my responsibility. We have owners that look for every opportunity to make our job more difficult with constant complaints, but when told that we would welcome their participation and involvement on the board, they want nothing to do with it. As far as term limits for the board of directors, I would fear that the development would go into receivership because nobody wants to take on the responsibilities it involves. Each year, it's the same people, the ones that are concerned about the investment they have in their homes. I know that some unit owners think that I'm high and mighty because I'm on the board, but I would gladly give up the positions I hold so I could have a life of my own again!
Good for AARP
and its
members. For
too long, many
homeowner
associations
and their
managers have
run roughshod
over the
constituents
they are
supposed to
serve.
The homeowners bill of rights is a great step in the right direction.
Joe and Sun
Sentinel, I
sent in my
reply but
did not put
the name of
my
community.
It is 14
Gardens West
in Weston.
Thanks.
In every
Condo/homeowners
association
I have
ever heard
of there
are
serious
problems
with the
management
and the
board...If
I told my
story it
would be a
rehash of
someone
else's
story...Therefore,
I applaud
the AARP
in their
efforts to
help make
the
government
realize
their sole
purpose is
to protect
the
citizens
that hire
them...whether
that be
from
terrorists,
corporations
or condo
commandos.
The
problems
with
HOAs are
the
parasitic
attorneys
who make
their
living
off of
them.
Knowing that the law states otherwise, these attorneys inform the boards that the law is whatever the board decides at their discretion. Many boards, due to the deliberately misleading advice they get from their attorneys, operate these HOAs under the false belief that they are part of a strong central government, empowered with the authority of legislative and judicial review. Then when the board asserts authority that they do not legally have, legal disputes are created that allow the attorney to collect legal fees, no matter the outcome of the dispute. These HOA board members simply do not understand that they are not empowered to write the law or interpret the law, instead, they are only empowered, and obligated, to obey the law. The people who serve on these boards simply do not understand that just because they govern the community, does not mean that they are the government, and that they and their personal inadequacies which cause them to seek out an opportunity to dominate their neighbors, are being exploited by a lawyer who is just trying to make a fast an easy buck.
Absolutely
right-on.
I'm on
the
board
of
directors
of our
HOA
but
I'm
also a
homeowner.
Let's
make
sure
our
personal
freedoms
are
protected
as
well
as our
right
to
quiet
enjoyment
of our
homes.
Go get 'em, Jan, et al.
it's
time
for
the
unit
owners
to
get
their
heads
out
of
the
sand.
Wake
up,
I'm
sick
and
tired
of
hearing
from
these
old
folks,
well
I
won't
be
around
to
see
the
changes
so
why
should
I
get
involved.
Well
I
bet
these
are
the
same
people
who
didn't
get
out
and
vote
and
look
at
the
mess
this
country
is
in
now.
it
doesn't
take
much
effort to really see these associations and management co's are enjoying spending YOUR MONEY and you say you don't have time. Well that's about all. A lot of you have plenty of time. A lot of you are just passing time doing nothing but waiting to die. Get involved maybe you might find out there are a lot of nice people in your building. So get out and care what happens.
This
is
only
the
tip
of
the
iceberg.
These
apartments
that
are,
and
still
are,
being
converted
to
condos
will
be
a
nightmare
in
the
future.
They
were
originally
approved
by
the
permit
process
to
be
fully
managed
by
the
owner/investor.
Basically
for
short
term
residences.
Now
owners
have
bought
into
construction
that
was
designed
to
make
money
via
a
ROI.
That
is
the
rent
would
go
up
to
cover
the
expenses.
They
will
not
get
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