PRESENTATIONS TO MARION
COUNTY
LEGISLATIVE DELEGATION |
Bob Janauskas,
CCFJ, Inc.
Chan Gerber, CHIP PROPOSED JOINT RESOLUTION STOP FORECLOSURES IN COMMON INTEREST DEVELOPMENTS |
CYBER CITIZENS
FOR JUSTICE, INC.
TO: Marion County Legislative Delegation September 19, 2003 Dear Senators and Honorable Representatives, Our statewide organization, in conjunction with its current alliance, intends to continue to pursue issues we care about. One of our primary missions is to amend current laws re sale of land and real property in deed-restricted communities with/without a mandatory homeowners association We’re pleased to learn that Governor Bush heard our voices and those of many Florida citizens, expressing concerns. He was troubled by the experiences many of Florida's homeowners have had with their homeowners’ associations. Therefore, he asked his staff and Secretary Carr of the Department of Business and Professional Regulation to look into these issues. Secretary Carr put together a Homeowners' Association task force that begins a series of meetings in Tallahassee, Jacksonville, Miami, Orlando and Tampa. We’ve been invited and will attend the organizational meeting scheduled on September 24, 2003 in Tallahassee. Members of the task force will provide input and make recommendations for legislative change consistent with the vision of Governor Bush for appropriate governance and regulation. Our alliance members in the Miami/Dade area have been organizing town hall meetings with members of their delegation. It’s anticipated that three public meetings will be held in South Florida. House Speaker Johnnie Byrd created a Select Committee on Condominium Association Governance, appointing Representative Julio Robaina, (R-South Miami) to chair the committee. “Representative Robaina has the experience and leadership skills necessary to lead this important committee,” said Speaker Byrd. “Condominiums are a vital cog in Florida housing, and we must ensure they are being governed fairly and effectively, “ he said. This is ‘good news’ for consumer advocates, but we are unaware of a similar initiative by our esteemed delegate member and President of the Senate, Jim King. Tonight, we ask the good Senator to create a similar Committee, since the sale of property in other deed-restricted communities is part of the “vital cog” mentioned by the Speaker. Thank you, Senator King. We look forward to your announcement. The combination of these significant events, together with others, will be the basis for meaningful reform. Based on, but not limited to, the following discussions will insure that the rights of seniors and retirees enticed to relocate, and those already living in the Sunshine State, are protected from unscrupulous and abusive entities responsible for so many unnecessary problems in Florida.
We also expect members of the Legislature to amend U.S. Flag display provisions to permit the installation of a free-standing, portable, removable or telescoping FLAGPOLE, not to exceed twenty (20’) feet; in the front, side or rear yard of an owner’s lot regardless of where it’s located – period! My dear friends, in this day and age it’s inconceivable that we are not permitted to display the U.S. Flag on a free standing FLAGPOLE! Why are you allowing the stakeholders and industry partisans the power and influence to preserve the status quo they’ve enjoyed for more than twenty (20) years? It’s time for ‘ordinary Citizens’ with Legislative representation (our lobbyists) to have a final say in these matters. We know you’re able and, if you’re willing, together we can diminish and/or eliminate the power, influence, ongoing problems, expensive lawsuits, liens and foreclosures we’ve become aware of. To do so, we must remain steadfast in our advocacy for change and become beacons of light, while insisting upon full disclosure before and after contract for sale. To do otherwise is casting a dark shadow upon the ‘Sunshine State.’ Will you help us remove this dark cloud? Thank you for your consideration. We look forward to your reply and support. Sincerely,
Robert E. Janauskas - CCFJ Area 3 Contact
([email protected])
Attached: JOINT RESOLUTION September 19, 2003 |
Marion County Legislative Delegation September 19, 2003 Purchasing a home in Florida is much like walking through a swamp sometimes literally. Instead of being bit by swamp critters homebuyers are bitten by unscrupulous developers, builders and real estate sales persons. After being bitten they turn to the government for first aid. They are told to see a lawyer. John Doe vs. Alligator a waste of time and money. This situation has resulted in many retirees to pack it up and move elsewhere. They leave disgusted with a state that is disinterested in the rights of homeowners and consumers in general. Our state appears to be run by special interests. The old adage “money talks” appears to be the real motto of Florida. As a result, Florida is no longer considered the place to retire. Many persons who purchase homes in deed restricted communities find themselves living in an Orwellian world where the American style of government doesn’t exist. In one community the residents were told their first amendment rights did not extend to the community clubhouse and that they couldn’t speak against the developer in his clubhouse. Homeowner associations are flawed in concept and practice. There is no separation of powers. The board of directors are the executive, legislative and judicial branch of community government. After being elected many feel they have absolute power. They feel they have been elected to rule the community not to serve the community. Owners at odds with the board find they have little recourse other than the courts. Residents have been fined had their homes taken away if they didn’t pay a disputed fine. This is not the American dream it is a nightmare. The current homeowner laws in Florida allow this to happen. The courts of this state are loaded with litigation involving homeowners and homeowner associations. It is interesting that Conspicuously absent in CHAPTER 689 CONVEYANCES OF LAND AND DECLARATIONS OF TRUST and CHAPTER 720.303 HOME OWNER ASSOCIATIONS are any references to legislative intent or providing a state agency with enforcement powers. As a matter of fact 720.303(2) states: “ The Legislature recognizes that it is not in the best interest of homeowners’ associations or the individual association member thereof to create or impose a bureau or other agency of state government to regulate the affairs of homeowners’ associations.” While at the same time the legislature takes the approach that a state agency is necessary for condos and mobile home parks. Why are homeowners being discriminated against? Most of the reasons that are given for having a state agency overseeing mobile home parks and condominiums apply to homes in deed restricted communities. Developers and HOAs assess money from homeowners and under existing law are required to make an annual financial report to the homeowners. There is no penalty for not filing this report. There are no requirements for the detail of the accounting either. Hundreds of thousands of dollars are not
accounted for. Contracts are confidential so that the markup on services
such as cable and garbage collection to the individual homeowner can be
hidden. Essentially we have state sponsored extortion.
THE RIGHT TO EQUAL PROTECTION UNDER THE LAW IS GUARANTEED BY THE 14TH AMENDMENT OF THE CONSTITUTION OF THE UNITED STATES: NO PERSON OR CLASS OF PERSONS SHALL BE DENIED THE SAME SAFEGUARDS PROVIDED BY LAW AS ARE ENJOYED BY OTHERS UNDER ITS JURISDICTION PERSONS OWNING PROPERTY IN A DEED RESTRICTED COMMUNITY THAT REQUIRES MANDATORY MEMBERSHIP IN A HOME OWNERS ASSOCIATION AND PAYMENT OF AMENITY FEES ARE NOT BEING AFFORDED THE PROTECTION THAT OWNERS OF MOBILE HOME AND CONDOMINIUMS ARE Concerned Homeowners In Partnership and others have been working over the past few years to bring about legislative reform. We have had support from many legislators as well as from the Marion County Commissioners. So far the special interests that want to maintain the status quo have won. As you may know an Alliance headed up by Cyber Citizens For Justice submitted a bill that would form a Property Reform Task Force. This task force would have recommended ways to provide for homeowner rights as well as allowing builders and developers to conduct legitimate business. It was withdrawn after it was rewritten in the Senate and made worthless. Despite our failure to enact a Task Force bill, Governor Jeb Bush, at our urging, has directed the DBPR Secretary to create a Homeowners Association Task Force. The initial organizational meeting will convene in Tallahassee on September 24,2003. Representatives of our alliance have been invited to attend. In addition our alliance will meet with the Miami/Dade Legislative Delegation, et al., later this month to present their views of similar issues outlined in this presentation. Please don’t mistake our resolve toward meaningful reform. We will not rest until Full Disclosure not ‘Caveat Emptor’ become the “Buy Words” during real estate transactions in Florida. We intend to submit legislative reform during the 2004 Legislative session and suggest you can be part of the solution of ongoing HOA Horror stories. Thank you for your consideration in these matters. We look forward to your support. Sincerely,
Channing A.Gerber
Channing A.Gerber – VP. Concerned Homeowners
In Partnership, Inc.
Robert E. Janauskas - CCFJ Area 3 Contact
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