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
the
benefit
of
tax
advantages,
etc.
They
will
not
understand
why
their
association
dues
will
be
sky-high.
It's
past
the
time
when
some
standard
of
'reasonableness'
is
'enforced'
not
just
written
into
law.
Anyone
that
has
had
to
live
with
the
overblown
egos
of
board
members
on
power
trips
will
be
able
to
appreciate
this.
Thank
you
AARP,
homeowners
need
all
the
help
we
can
get.
Many
boards
run
things
like
they
are
the
final
word,
and
throw
common
sense
out
the
window.
They
don't
care
if
the
unit
owner
is
right,
they
just
want
to
prove
they
are
all
powerful,
no
matter
how
unjust
their
actions
are.
Those
tyrants
should
be
held
personally
liable
for
damages.
The
boards
should
be
set
up
so
common
sense
prevails.
A
few
comments:
Donna Berger does not know how many people leave the state or move just to get out from under HOA's and Condo associations. Her comments clearly show she wants to redirect attention away from the problems in these associations and does not want homeowners to have any rights in my opinion. One of two major reasons that there are not more complaints filed or active participation in these associations is “apathy”. Many association members could care less what goes on unless it affects their personal pocketbooks! The other is that it is invariably always a “lose-lose” scenario for homeowners and very costly to try to exercise their rights to fight abuses, and try to enjoy their remaining years within the lost dream of your "home is your castle" concept. This is no Bill of Rights for homeowners in Florida! One must contest or sue the very association to which they belong, i.e. sue yourself against abuses, discrimination, selective enforcements or violations of governing documents. Moreover, the associations have unlimited funds and legal resources to fight you and even cause you financial ruin or take your home from you (after all their monies come from you and all of the other members!) If process and legal costs were non-existent for the owners I can most assuredly guarantee the complaints would go up very dramatically. However, under the current systems, the average owner would overwhelmingly decline to resist because of the consequences and costs they will incur. In addition, it is enlightening that boards of directors are never accountable, responsible, or liable for their actions. All of those organizations, developers, CAI, lawyers, lobbyists and other groups who seek greed and benefits of keeping things the way they are prevent progressive rights and freedoms to all owners. I hope the AARP and Robaina are able to bring the scales of justice into balance and not with the financial burden being placed on the home and condo owners. More power to them! They have my full support. Gary
The
Community
Associations
Institute,
a
trade
organization
representing
the
lawyers,
management
companies,
street
number
painters,
security
companies,
and
all
the
other
vendors
who
make
money
off
the
homeowner,
finally
has
some
organized
opposition.
It
is
understandable
that
the
AARP's
endorsement
of
the
Homeowner
Bill
of
Rights
is
bad
news
for
them.
They've
had
free
rein
to
run
roughshod
over
homeowners
for
twenty
years.
Hooray
for
the
AARP.
Thanks
for
coming
to
our
aid!
I
am
very
happy
that
the
AARP
is
representing
its
membership
in
the
controversy
of
HOAs
and
Condos.
The
absolute
power
held
by
officers
and
managers
of
these
organizations
is
unAmerican
and
probably
unconstitutional.
As
a
person
who
almost
lost
my
home
over
painting
a
driveway
the
same
color
it
has
been
for
10
years,
i
think
any
law
restricting
the
powers
of
HOA
and
Condo
Boards
is
sorely
needed.
Congratulations
AARP!
AARP
is
the
first
national
organization
to
recognize
the
need
for
protection
of
homeowner
rights.
State
and
local
governments
have
abdicated
the
responsibility
of
providing
residential
community
infrastructure.
They
have
ceded
it
to
private
organizations
resulting
in
HOA
homeowners
losing
their
constitutional
rights.
An
obvious
bluff
&
bluster
tactic
on
Donna
Berger's
account.
CALL
must
indeed
be
running
scared-I
can't
wait
to
hear
the
response
given
by
AARP
in
rebuttal
of
the
"
mind
their
own
business"
comments!
My
husband
and
I
are
senior
citizens
and
have
had
real
problems
with
our
homeowners
association.
We
could
not
afford
to
fight
them
so
they
got
away
with
their
abuse.
Senior
citizens
of
Florida
need
all
the
help
they
can
get.
The
dirty
little
secret
that
no
one
tells
you
when
you
buy
into
an
association
is
that
you
are
signing
away
your
constitutional
rights.
Who
would
have
thought
that
could
happen
in
America.
Thank
goodness
people
are
starting
to
wake
up
to
the
problems
with
these
associations.
Everyone
in
Florida
needs
to
be
assured
of
property
rights
and
the
AARP
bill
goes
farther
than
legislators
so
far
have
gone.
We
need
to
get
support
from
legislators
who
support
these
reforms
and
who
will
stop
caving
in
to
the
big
law
firms
and
their
muscle.
The
AARP
"bill
of
rights"
is
a
good
start
towards
leveling
the
playing
field
for
homeowners
who
are
usually
the
victims
of
an
overzealous
or
dictatorial
association
leadership.
I
live
in
Houston
Texas.
Both
Florida
and
Texas
rank
high
in
homeowner
association
abuse
incidents.
Both
states
also
have
a
strong
presence
of
lobbyists
in
the
state's
capitol
funded
by
the
HOA
industry.
This
industry
represents
attorneys
and
management
companies
who
favor
HOAs'
maintaining
a
strong
arm
in
forcing
homeowners
to
comply
with
the
dictates
of
their
HOA
board.
I’m
a
member
of
Texas
Homeowners
for
HOA
Reform,
Inc.
We
are
not
against
HOAs
or
the
benefits
they
provide
over
non-HOA
communities,
but
recognize
the
need
for
legislation
to
put
a
stop
to
HOA
abuse.
I
suggest
that
Bob
Schulbaum,
of
Delray
Beach,
and
others
who
feel
as
he
does
should
read
the
Bill
of
Homeowners'
Rights
carefully.
It
doesn’t
take
away
from
an
HOA
board’s
ability
to
enforce
deed
restrictions,
collect
maintenance
dues
and
provide
amenities.
It
adds
a
process
by
which
homeowners
and
their
HOAs
can
solve
disputes
in
a
fair
and
reasonable
manner
without
unnecessary
legal
involvement
and
the
high
cost
of
attorney’s
fees.
It
forces
those
out-of-control
HOA
boards
to
be
accountable
for
their
actions
and
gives
homeowners
the
less
expensive
recourse
they’ve
so
desperately
needed
to
bring
these
boards
under
control.
If
Mr.
Schulbaum
and
the
board
of
Delray
Beach
are
not
one
of
these
out-of-control
boards
then
this
Bill
or
Rights
will
have
little
effect
on
them.
However,
I
caution
Mr.
Schulbaum
and
all
other
homeowners
in
mandatory
HOAs
that
without
laws
such
as
this
Bill
of
Rights
every
HOA
board
has
the
potential
of
becoming
out-of-control
and
abusing
its
power.
Our
organization
whole-heartedly
endorses
Mr.
Kahne’s
Sample
Model
Statute
and
highly
commends
The
AARP
Public
Policy
Institute
for
their
involvement.
Our
website,
TexasHOAreform.org,
has
more
to
say
about
why
we
support
homeowner
rights.
Barbara Gatlin, President Texas Homeowners for HOA Reform, Inc. TexasHOAreform.org
I
hope
Joe
is
allowed
to
do
follow-ups
to
this
article
until
something
is
done
to
improve
the
plight
of
the
Condominium
Owners.
The
abuse
cited
is
only
the
tip
of
the
iceberg.
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. That is the case here at Southpoint. One Condo Commando dominates a group of weak board members who are afraid to stand up to him in public, although in private they acknowledge what he is. Last year, we hired a lawyer and served a 35 page complaint on the Southpoint Board, requesting mediation. Their response - NOTHING. The complaint is posted at www.ccfj.net 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/
If
this
comes
into
effect,
what
will
happen
when
the
association
attorney/association
managment
industry
dries
up
and
all
those
people
are
unemployed
?
Vampires never die - they just move on and find someone else's blood to suck.
I can't tell if the SVPT is more preposterous than Donna Berger, or vice versa. Can we have a reader's poll please?
Gary: Can you blame her? With all of the BAR complaints she has, she need to divert attention from the truth. Of course, she has no idea how many people left the state - for any reason!
It's hard to tell what you are. Are you a Fascist or simply a rich and indifferent person. Your "post" to this message board reminds me of Marie Antoinette's statement about the poor having no bread, "Let them eat cake." Thank goodness things like you are in the minority in the United States.
I
disagree
with
Bob
Schulbaum
statement
that
AARP
should
mind
its
own
business,
or
that
Surveys
show
that
94
percent
of
the
people
are
satisfied
with
the
way
their
communities
are
run.
Where
are
the
surveys
I
am
sure
that
there
are
many
more
disgruntled
owners
than
he
states
if
he
can
back
his
statement
show
us
the
proof
other
wise
he
is
playing
the
same
game
that
the
lawyers
use
make
the
statement
and
its
true.
You
are
nothing
but
a
person
that
enjoys
discriminating.
Who
are
you
to
speculate
that
trailer
type
people
can't
afford
to
live
along
with
you?
Dear S FL, I am in total agreement that somebody needs to step in to avoid the horror stories we hear from condo owners. I am very aware that there are those condo commandos out there that abuse their powers. I also have first hand knowledge in knowing that the attorneys thrive on the legal battles between owners and associations. It's disgusting. If you reread my original post, you might notice that I said in MY experience. We do not have a management company and all the affairs of the association are handled by 3 active board members. The other 2 can't be bothered. This includes all the clean up after Wilma, contracting for roof repairs, fence replacement, securing a loan with the SBA......the list goes on and on and all the while working a 50hr/wk job. Then the annual meeting comes up every year and nobody steps up to the plate for elections and we are warned by the attorneys (we used to retain Becker & Poliakoff but then we wised up) that if we don't have a legal board, we'd be forced into receivership. The only reason I step up, is to protect my property value because I've worked too hard to see what little I have go down the drain. It sucks to live in a development where the owners don't care what the property looks like or what goes on here. The cops are probably here once a week.........not association related. So before you go insulting me, just be thankful that you don't have to live a day in my shoes. You remind me of a thorn in my side....
I
know
that
every
good
article
takes
no
sides
and
interviews
both
sides
of
a
coin,
but
Donna
Berger's
claim
that
she's
not
seen
people
move
from
Florida
because
a
person
in
an
association
has
created
a
dictatorship
deserves
some
criticism.
Ms.
Berger
has
certainly
seen,
if
not
been
personally,
many
families
move
because
they
are
taken
to
ruins
by
ruthless
and
abusive
boards,
of
which
their
firm
has
very
gainfully
represented.
Come
on,
we
have
all
had
friend
or
relatives
tell
us
of
how
they've
had
to
move
from
their
association
because
of
restless
abuse.
Donna...
it's
time
to
retire
your
Juris
Doctor
degree
and
go
into
show
business!
You are opinionated and self serving with no regards towards people who genuinely want to live in peace in the homes they can afford. The crux isn't that people aren't paying their association fees. There are special interest groups with people like Donna Berger and Bob Schulbaum who oppose any form of legislation that is intended on protecting homeowners. I challenge anyone to contact their state attorney's office with a Public Records request and post the name of just ONE PERSON, post the name of one board member ever trialed or convicted of violating state laws while in the capacity of a board member in a condo or HOA. NOT ONE! Now... that is the CRUX OF THE PROBLEM.
The survey was paid for by CAI and the telephone numbers were provided by CAI. They got the answers they wanted by paying for them. There are polls taken by the advocates of homeowners that clearly show people are very unhappy with the associations, the boards and the all corrupt managers. Not one was paid for by the ill gotten gains reaped by attorneys, managers and vendors. Thanks AARP and everyone who contributed their knowledge and experience resulting in this Bill of Rights.
Thank
you
AARP
Never
in
my
days
have
I
ever
seen
such
disrespect
by
a
few
people
to
so
many
for
the
sake
of
a
dollar
and
control.
Kudos
to
the
AARP
for
shining
a
light
on
an
abusive
situation
which
has
been
shrouded
in
darkness
for
too
long.
Thank
you
AARP,
now
if
other
individuals
(in
government)
and
organizations
would
stand
up
to
these
Condo
Commando
watchdogs,
instead
of
worrying
about
how
many
votes
they
will
get
from
them.
Retirement to a
community
governed by a
HOA and a Board
with its own
personal agenda
has turned
retirement for
my husband and
me into a
nightmare. At
this time a
State ordered
audit, voted on
by the
community, due
April 1, still
has not been
produced. The
Board refuses to
respond to
Owners requests
for monthly
financial
statements as
thousands of
dollars have
been spent on
lawyers hired to
support the
Boards self
interest agenda
(using common
grounds to
support their
illegal building
of screen rooms
with out county
permits,
inspections and
most of all
building on
grounds the did
not own.) In
their effort to
discredit and
intimidate
owners that dare
to question
their motives
and actions. The
have sued 16
residents in a
DECLARATORY
JUDGMENT
ACTION...Their
reason,
"these
residents asked
too many
questions".
Results of the
mediation will
be discussed at
a special
residents
meeting in
October. At that
time seasonal
residents will
return. However
it can be noted
since that time
two residents
have filed civil
suits against
the
President/his
wife. One has
already been
"won"
by the resident
who requested
that the
President issue
a public apology
with in ten days
or pay a fine.
Other issues included elections, ballots written to cause confusion, colored by improperly worded amendments, A board President who has by total control of the community letter, viciously attacked any resident who dared oppose them. The Board claims they are a cooperation and that makes them all powerful. They can not understand residents are willing to serve as "watch dogs" and take them to task when they question spending or see violations. It was suggested to the Board if those who worked for ENRON and other Corporate thieves those people would still have their retirement benefits. In plain English...this Board has used residents money to sue their own residents, refused to obey the law and produce an audit, caters to it's "friends", (those residents who also have illegal screen rooms on common grounds ) They have lied, bused power and used residents funds to hire lawyers in an effort to support their agenda. I THANK AARP FOR THEIR INVOLVEMENT. HELP IS NEEDED> RESIDENTS CAN NOT AFFORD TO HAVE THEIR MAINTENANCE FUNDS AND PAY SPECIAL ASSESSMENTS TO SUPPORT THE LAW FIRM THAT SERVES THE BOARD and at the same time hire a legal firm to protect the rights of the residents.
Our Homeowners
Association
had completely
ignored the
wishes of the
homeowners
living in our
subdivision.
Telephone
calls to our
state
congressman
are not
returned. It
is as if some
of us do not
matter and no
one will
listen and
help us
protect our
major
investment,
our home.
Perhaps now
our
legislators
will stop
listening to
the special
interest
groups that
claim
complaints
about
homeowners’
associations
only come
from a small
handful of
disgruntled
dissidents.
The
36-million-member
AARP would
not waste
its
resources or
lend its
name to an
issue that
only
involved
inconsequential
numbers of
malcontents.
AARP’s mission is to enhance the quality of life for persons age 50 and over, and to advocate for positive social change. Promoting security within our own homes certainly falls within the realm of quality of life; and any measure that “ensure[s] amicable and equitable relations between homeowners and their associations” qualifies as a positive social change. AARP’s Bill of Rights for Homeowners in Associations benefits not just those of us over 50, but every American homeowner not matter what their age. Thank you AARP for providing yet another benefit of membership. Perhaps the name AARP will be adequate to stimulate the legislative changes necessary to protect homeowners. If not, I hope that AARP will utilize its substantial lobbying force to counter the misrepresentations proffered by the lobbyists for special interest groups who benefit at the expense of homeowners. Thank you to Joe Kollin for keeping this issue in front of our lawmakers and other policy makers.
Thanks
AARP and
all those
who worked
on the
bill of
rights. I
have seen
one too
many
bilked of
their life
savings
standing
up for
what's
right.
They pick
their
victims
carefully.
If it
didnt
happen to
me I would
have a
hard time
believing
that the
very ones
paid to
protect
are
sometimes
the ones
who
conspire
to take
away
valuable
property
rights,
and drive
unsuspecting
citizens
into
costly
lawsuits.
As a past
member of
the Task
Force to
reform
HOA's and
member of
the Condo
Advisory
Council
each story
gets worse
and people
are being
driven to
their
graves by
so much
that is
just plain
WRONG!!
Thanks Sun
Sentinel
for
putting
this on
the Front
Page where
it
belongs.
We need
reform so
people can
live in
peace.
This
legislation
is desperately
needed
in
Florida.
My HOA
is a
classic
example
of why.
The
board
members
do not
know
what is
contained
in the
restrictive
covenants,
nor do
they
think
they
have a
duty to
learn
them
since
they
"are
not
paid."
We have
been
subjected
to
unauthorized
assessment
increases,
Gestapo
tactics
to
intimidate
homeowners,
and
sexual
predators
serving
on
committees.
One
homeowner
had a
sexual
predator
on her
property
when she
was not
home.
This
person
is on
the
architectural
review
board
committee
and was
claiming
to
inspect
improvements
to the
property.
That's
trespass,
if
nothing
else.
Try to
get the
board
recalled
and you
are
harassed.
Florida
law
places
term
limits
on the
state
legislature
- it
is
time
for
HOA
and
Condo
Board
term
limits.
It
almost
passed
last
year,
but
was
defeated
by CAI
and
CALL.
With
the
AARP
on our
side,
it
will
be
different.
Bob
Schulbaum
and
Donna
Berger
are
today's
equivalents
of
George
Wallace
and
Lester
Maddox
-
standing
with
their
ax-handles
to
keep
the
"negroes"
from
exercising
their
rights.
The difference is that Schulbaum and Berger are fighting to keep the OWNER's from exercising their rights. I have a message for Schulbaum, Berger, CAI, CALL, Becker & Poliakoff, and all others who try to prevent Owner's from exercising their rights. This is an old message: WE SHALL OVERCOME! Run as fast and as far as you can, Schulbaum, Berger, CAI, CALL, Becker & Poliakoff, etc. You will not get away, and you will lose this war to deny me my rights as an Owner! God bless you, AARP. God bless you, Jan Bergeman. God bless you, David Kahne.
My
wife
and
I
our
members
of
the
AARP
and
CCFJ.
We
would
like
to
Thank
You
for
acknowledging
and
trying
to
help
the
retirees
and
those
of
us
who
are
in
the
50
plus
range.
The
owners
of
condo
and
Homes
need
protection
from
associations
that
infringe
peoples
rights
of
ownership.
People
should
not
lose
their
homes
and
be
left
homeless
because
they
didn't
agree
with
the
ever
changing
rules
of
Homeowner
and
Condo
Owner
Associations
We are Retired but definitely not Retarded that is why we need and urge AARP to back us and help us keep our homes and condo's from greedy attorneys govern HOA and CONDO Association. We hope remarks made by Ms. Berger and Mr. Schulbaum shows you the mindset of what the home and condo owners are up against. It seems for many it is more important to protect the welfare of attorneys and greedy investors than the welfare of families. WHAT A SHAME! We are not dead beats or disgruntled like as the industry specialist label ever one that fights for their rights of ownership. We are hard working citizens trying to make ends meet. God Bless you on what you are doing because some bigger trees need to be shaken. Sincerely we need your help. Warm Regards Bob and Sandra Crapo
Think
about
it.
AARP exists for the protection of the ordinary, hard-working citizen who already is or soon will be living on a fixed income. How many in this category can afford to fight the association boards that insist on total control and put down anyone who dares to challenge or question them. You know the answer. Those kinds of boards have a high-priced lawyer in the wings and the legal fees have to be paid by every owner in the association. That's a lose-lose for unit owners! I applaud the AARP for recognizing the need to establish laws that truly protect individual owners. Regarding the comments from the lobby groups and high priced lawyers that give personal opinions rather than facts to say this isn't a problem ... Think about it again! Do you hear the "ka-ching" as they continue to benefit from what they privately call their "cash cows?" Do you think the big law firms and their spokespersons have the best interests of the little person in mind when they speak against the need for a condo owners' bill of rights?
Thank
you
AARP.
I
am
going
through
at
problem
at
my
condo.
I
lived
at
my
condo
for
13
yrs
complaint
free
and
then
three
months
ago
I
got
a
complaint.
When
I
moved
in
this
same
condo
13
yrs
ago
people
respected
each
other.
The
condo
was
a
nice
place
to
live.
Now
I
wouldn't
recommend
this
condo
to
anyone.
This
complaint
has
gone
into
my
file
and
the
board
members
each
have
a
copy.
This
is
very
much
abuse.
It's
too
bad
people
have
to
feel
like
they
are
powerful
if
they
are
in
control
of
others
people
life.
I
have
a
feeling
that
this
was
from
much
younger
new
neighbors.
Now
I
have
to
set
up
a
meeting
with
the
management
company
regarding
this
complaint
to
answer
for
my
actions
and
a
possible
fine.
Even
at
work
I'm
treated
like
an
adult.
This
is
how
inefficient
the
board
is
in
my
condo
the
meeting
notes
are
only
to
Feb
2006
but
then
the
board
can
go
on
vacations.
This
has
been
asked
by
another
resident
but
was
ignored.
All
the
help
in
the
world
would
be
very
much
appreciated.
Homeowner's
association
abuse
of
property
rights
regarding
condos
and
subdivisions
should
be
recognized
as
a
consumer
protection
issue.
AARP
involvement
is
necessary
to
get
our
legislature
to
understand
property
ownership
should
be
void
of
harassment
by
neighborhood
bullies
and
tyrants
!!
I
also
applaud
the
AARP
for
their
efforts
since
I
unknowingly
bought
into
one
of
the
dirtiest
HOA's
that
exists
in
the
state
of
Florida
(Summer
Brook
Preserve,
Melbourne).
It has been a constant nightmare for our family day in and day out, with a commando board that I just recently had to file suit against to view the HOA's documents. If I ran my business the way these boards run the so called "non profit corporations" I would be in federal prison. The rico act was designed for this type of behavior, and I pray the government steps in and fixes this awful disaster and lack of oversight for the criminals that are allowed to repeatedly ruin peoples lives.
God
bless
you,
AARP
God bless you, Jan Bergemann God bless you, David Kahne WE SHALL IN DEED OVERCOME! Let the millions of unit owners and homeowners in associations vote for elected officials who have proven that they care about the welfare of everyone, not just those who fund their electoral campaigns! Let us also carefully choose elected officials who have shown, and will continue to show that they have done something about the unfair insurance industry practices. Let us choose Governors and Presidents who demonstrate their commitment to their spoken ideals through commitment to those ideals, and not just give meaningless token gestures instead. The opposition to our human rights and justice are few in voting numbers and WE SHALL OVERCOME AT THE POLLS!
It
is
wonderful
that
AARP
has
come
around
to
help
protect
seniors
who
own
units
in
common
interest
ownership
communities.
I
applaud
them
and
also
the
hard
work
of
reformers
like
Jan
Bergemann
of
Cyber
Citizens
for
Justice
(www.ccfj.net
)
and
the
champion
of
all
unit
owners
-
Florida
State
Representative
Julio
Robaina.
That said, with this good start, AARP has not gone far enough. Unit owners need to be protected from intrusive life-style diminishing deed restrictions. It is time to take a more modern approach that allows people freedoms they are used to having as American citizens. In the case of no-pet deed restrictions, they should be eliminated in favor of pet guidelines. Let the responsible animal guardians have pets; put the onus on the few irresponsible people who ruin it for everyone else. Even the head of the most powerful condo law firm himself has pets (3 cats, a dog, and some turtles). It is time to stop denying rights to everyone else, to the less fortunate seniors who cannot afford to fight back. AARP policymakers, please look at the documentation on the health benefits of animal companionship and at the sample pet guidelines on our web page, Citizens for Pets in Condos, www.petsincondos.org .
Or condo owners who let their teenagers in the clubhouse to break cue sticks and throw pool balls through the windows. Or let their small children screw around on the exercise equipment and then when injured, sue the association. Or condo owners who forget that community property doesn't mean a boom box out on the common grounds blasting in the middle of the night. It has it's good and it's bad.
Some
of
us
see
this
hate
for
others
like
Jews
suffered
in
Nazi
Germany
and
the
comparison
has
been
made
many
times.
The growth and perpetuation of much is due solely to the thirst and hunger of the all mighty dollar by some legal professionals. If CAI and management companies couldn’t make millions at getting legislators to pass laws allowing them to further their interests perhaps living comfortably in condos and homeowner associations would be enjoyable. As it stands now neighbors can not speak to neighbors in tones of understanding and acceptance, they see mistrust and vengeance as the norm. Thank God for AARP taking this new position. I hope the day will come when IJ institute stand along side of AARP.
Thanks
for
your
great
reports,
its
about
time
we,
associations
owners,
get
together
and
force
the
legislation
to
legislate
laws
that
protect
property
owners.
Specially
stop
the
non-judicial
foreclosures,
and
all
these
attornies
making
millions
out
of
abusing
people,
after
all
we
don't
live
in
Iraq
or
Cuba.
A
lot
of
good
work
is
being
done
by
groups
like
CCFJ
headed
by
Jan
Bergemann,
and
Mr.
Bergemann
should
be
applauded
for
his
relentless
efforts
that
benefit
all
condo
owners
throughout
the
state
of
Florida.
Yes
I
am
a
member
of
CCFJ
but
I
am
not
writing
this
comment
just
to
pat
Mr.
Bergemann
on
the
back.
This
insurance
crisis
is
real.
Although
much
of
the
blame
could
be
placed
on
insurance
companies
attempting
to
recover
their
recent
loses.
How
about
corrupt
association
presidents
like
the
one
at
Bayou
Breeze
Condominiums
in
Pensacola
Florida.
I
know
this
president
is
corrupt
and
the
DBPR
has
been
notified
that
this
president
is
corrupt.
Yet
the
DBPR
is
reluctant
or
refuses
to
take
action
against
this
president.
The
insurance
industry
should
be
taking
a
close
look
at
the
insurance
claims.
I
know
we
have
an
approximate
$250,000.00
wind
fall
from
our
insurance
claim.
Yes
its
great
for
our
reserve.
But
it
seems
like
the
insurance
company
over
paid
us.
Or
were
the
figures
worked
out
to
defraud
the
insurance
company.
Hopefully
we
will
have
someone
from
the
insurance
commission
look
at
our
claim.
so
before
you
place
all
the
blame
on
those
insurance
companies.
The
insurance
companies
may
have
valid
reasons
for
raising
those
rates.
If
you
would
like
more
information
about
fraud
at
Bayou
Breeze
Condominiums.
Contact
John
Frances
at
[email protected].
Thank
you!
For
one,
I
am
glad
AARP
is
stepping
in
to
help.
Someone
has
to,
the
state
and
there
lawyers
aren't
going
too.
There
is
far
too
much
abuse
of
power
in
the
front
office
and
it
is
time
the
owners
take
there
communities
back
from
the
condo
commandoes.
I
say
good
luck
and
go
after
the
bad
presidents
and
there
cohorts
and
get
a
better
system
in
the
communities.
There is alot of corruption in condominium associations. The police are reluctant to arrest. The State Attorneys are not willing to investigate. The DBPR the very government agency that regulate condominiums send you back to the police and State Attorneys. Some big circle. None bigger than mine. I have reported the corruption at Bayou Breeze Condominiums and its President and manager in Pensacola Florida for years. Not only has it fallen on a face without ears. The faces contend that corruption and theft of my money is not illegal. That is right crime is ok as long as it is done under the operation of a condominium. If you want to do something illegal. Just open up a condominium. So here is a challenge to anyone who is reading this comment. My name is John Frances and I can be reached at [email protected]. If anyone knows someone who can assist me in having these corrupt individuals arrested and my money returned. Please do not hesitate to contact me.
There
is
NO
Logical
reason
NOT
to
SUPPORT
a
State
Home
Owners
Bill
Of
Rights
protecting
home
owners
from
abusive
Associations
and
frivolous
law
suits.
State
and
Local
Politicians
who
do
not
support
a
home
owners
Bill
of
Rights
and
fail
to
enact
legislation
that
PROTECTS
(Home/Condo
Owners)
Consumers
need
to
be
VOTED
OUT
of
OFFICE.
Until
recently
I
was
a
member
of
a
mandatory
HOA
in
Punta
Gorda,
FL
One of the former members of that HOA board often stated that "OUR GOVERNING DOCUMENTS DO NOT SAY THAT THE BOARD CAN NOT DO THAT"- THAT being whatever was the wish of the board Of course this is diametrically opposed to an opinion (fn1) by the FL ATTORNEY GENERAL; a portion of that opinion follows: "The powers of a corporation are distinctly different from those of a natural person. A natural person can do anything not forbidden by law, while a corporation can do only what is expressly or impliedly authorized by its charter." fn1 AGO 2000-31 Obviously, this board member was convinced that the board authority was completely unbridled and could do anything not specifically forbidden in the documents Association members need protection, such as that in the AARP BILL, from this kind of lunacy Jerry Gould Sun Sentinel Article: AARP urges state to adopt condo owners' bill of rights A BILL of RIGHTS for HOMEOWNERS in ASSOCIATIONS (HTML Version) |