“From Justice As A Foundation All Rights Flow” February 2, 2006 WHY HB 957 Is Another Really Bad Bill! Open Letter To Representative Tom Anderson Honorable
Representative Anderson, I
hope you are aware that HB 957, a
bill sponsored by you, is only serving special interests and is
detrimental to the welfare of Florida's homeowners living in associations.
It blatantly attempts to remove owner-friendly reforms that had been created by
the legislature in 2004 -- proposed by Governor Jeb Bush’s HOA Task Force. It
was always my impression that elected officials should uphold the Constitution
of this country. Associations are
non-government entities with no accountability.
Therefore, the Supreme Courts of Virginia and Rhode Island have
already ruled “unconstitutional” the power of associations to levy fines.
The
HOA proposal had been a kind of a compromise – “yes” to fines, but with
court supervision; but “no” to liens and foreclosures. Your bill
is trying to remove this safeguard created for the welfare of the
homeowners, especially the elderly and owners on fixed income. Considering
that you are the Vice Chair of the House Committee on Elder & Long-Term
Care, it is even harder for me to comprehend that you are willing to sponsor
such a bill. The
provisions regarding covenant revitalization are another blatant attempt to
force members of voluntary associations into mandatory associations. Senator
Fasano has tried for the past four years to push this issue through the
legislature, pushed by his special-interest friends. One attempt was stopped by
the veto of Governor Bush, who quoted constitutional concerns when vetoing the
bill. To me, it sometimes seems that Senator Fasano is not very familiar with
the United States Constitution. Another
attempt was stopped by the Governor's HOA Task Force, where the proposal
was utterly defeated after members listened to lengthy testimony!
Here we are again with your bill. The dispute
“voluntary vs. mandatory association” already creates enough lawsuits. Courts
have struck down attempts made by certain interest groups! This is a sneak-in
attempt for issues already defeated before under different disguises. Totally
removing FS 720.311 -- Dispute Resolution?
This is the only provision created by the HOA reforms that has so far attempted
to stop frivolous litigation. Considering the attorneys who have Senator
Fasano's ear, I'm sure that they are against mediation first – judging by some
of the lawsuits they have filed before! There
is already plenty of trouble in associations in your area.
Please don't help to create even bigger problems for homeowners in your
district by pushing this bill! HB
957 is an attempt to remove consumer
protection that had been created by reforms to FS 720 by the 2004 bills, SB 1184
and SB 2984. You voted on the
House floor in favor of both
bills! Now you sponsor a bill that
takes away lots of the progress made by enacting these bills. Do
you have any explanation for your total change of mind? Warm
Regards, Jan
Bergemann, President |
