Gulag is an acronym for the former Soviet Union 's penal system. Since then, it has come into common use to describe any repressive system. I named my column the “Tales From The Galt Gulag,” because I write about the repression of condominium Owners on the Galt Ocean Mile. As publisher Steve Kelly wrote, “the Galt Ocean Mile is the biggest crime scene in Broward County.”

   

Condominium President Sentenced To Twenty Years

Christopher Winkelholz, the former President of the Whitehall at Pine Island Ridge Condominium Association, will spend twenty years in prison for embezzlement.

He must also serve fifteen years probation and make restitution to his victims. An owner described him as “a parasite living off of somebody else’s sweat.” Another owner described him as “a quiet, polite, helpful, charismatic, young man who was also a liar, athief and a manipulator.” Without State Representative Julio Robaina and CCFJ President Jan Bergemann, Winkelholz would have escaped prosecution and fled to Argentina.

DefinitionsThe first step in any serious discussion is to define terms. Why is a good definition important? Without a good, clear definition, one cannot separate the presence of the concept from its absence.

Without a good, clear definition, it is impossible to discuss the undefined term or concept. Many people own and live in them, but what is a condominium?

Since we are dealing with Florida Law, we must turn to the Florida Condominium Act, FS718, for answers. 

 

Condominium

According to FS718 718.103(11) “Condominium” means that form of ownership of real property created pursuant to this chapter, which is comprised entirely of units that may be owned by one or more persons, and in which there is, appurtenant to each unit, and undivided share in common elements.

 

Association

According to FS718 718.103(11)(2) “Association” means, in addition to any entity responsible for the operation of common elements owned in undivided shares by unit owners, any entity which operates or maintains other real property in which unit owners have use rights, where membership in the entity is composed exclusively of unit owners or their elected or appointed representatives and is a required condition of unit ownership.

Corporation
An artificial person created by and operating under law, thus possessing only the properties its charter gives it; a legal entity having an existence and personality distinct from that of the individual
members that form it, but having the capacity of acting as a single person in matters related to its purpose. There are “public” and “private” corporations. Public corporations are created by the state for political purposes, e.g., a town government or a school district. Private corporations are created by private persons for nongovernmental purposes.
Their shares are not sold to the public at large.

Association Must Be A Corporation
According to FS 718.104(3)(i) The name of the association, must be a corporation for profit or a corporation not for profit. Thus, a condominium is a form of real estate ownership that must be operated by a (Florida) corporation.

  

A rose by any other name would smell as sweet

In a classical example of unintended consequences, the Condominium Association exercises special powers that were not considered by the legislature. The Condominium Association is a de facto government, for it exercises governmental, executive, legislative, and judicial powers. These powers make the Condominium Association a government. The Condominium Association is a private corporation that is almost identical to the public corporations that Florida created for political purposes.

   

Powers of Government versus Condominium

Taxes
Governments and Condominiums have the power to levy and collect taxes. The Condominium’s taxes are called assessments. Taxes are created by the Legislature, County government, City
government, School Board, or other public corporation in a government. Taxes are enforced and collected by the Property Appraiser and the Courts in a government. Taxes are created by the Board in a condominium. Taxes are enforcedand collected by the Board in a condominium.

  
Laws
Governments and Condominiums have the power to make and enforce laws. Laws are made by the Legislature in a government. Laws are interpreted and enforced by the Courts in a government. The condominium’s laws are the declaration of condominium, by-laws and house rules. Laws are made by the Board in a condominium. Laws are interpreted and enforced by the Board in
a condominium.
 
Due Process and Appellate Rights
The Constitution of the United States, as well as the Florida Constitution, guarantee due process rights. For example, the decision of a trial court has a formal appellate process. Condominiums do not have constitutions, and there are no guarantees of due process or appellate rights. The owner must accept the decision or file a civil law suit against the Association.
 
Bill of Rights
The Constitution of the United States, as well as the Florida Constitution, establishes fundamental rights in a bill of rights. Condominiums do not have constitutions, and there are no guarantees
of individual rights. The AARP has a proposed a bill of rights for condominium owners, but it is opposed by the law firms that represent condominiums, and has not been adopted by Florida or any of Florida’s condominiums.
 
Separation of Powers
One of the fundamental elements of the Constitution of the United States, and of the Florida Constitution, is the separation of powers. This is also known as the system of checks and balances. There is no separation of powers or system of check and balances in a Condominium.
The Board is autonomous and makes unilateral decisions. This is known as a dictatorship when a government exercises such powers.
 
Assess and Collect Fines
Government organizations and condominiums have the ability to assess and collect fines. The governmental ability to collect and assess fines is moderated by due process rights and the ability to appeal fines through the judicial system. In a condominium, the owner has the right to pay the fine.

 

Foreclosed Homes 

The power to foreclose your home is vested in governments and condominiums.

Governmental are limited in their powers by your due process and appellate rights. Condominiums have greater foreclosure power than governments. There are records of condominium associations foreclosing for as little as a five-dollar fine.

  

Condominium As Dictatorships

A condominium association has all of the powers, and even more, of a government. Unlike governmental entities, condominiums associations are not limited a Bill of Rights, by separation of powers, and are not covered by the transparency requirements of the Sunshine Law. Condominium Associations are governments in all but name. Condominiums are not called governments because they are dictatorial, totalitarian organizations that are offensive to our American democracy. It is time for government to correct this problem, extend constitutional protections to owners of condominiums, and extend the Sunshine Law to cover condominium associations.

 

Three People Who Can Help Owners

Inger Garcia, Candidate for Fort Lauderdale District 1 City Commissioner. The Galt Gulag is in the heart of District 1. Inger Garcia can be reached at 954-394-7461, or at [email protected]. Visit her website at www.VoteForInger.com. Support the only candidate who has been fighting to protect the rights of the Owners. It is important to note that incumbent Christine Teel is squandering $40,000 to honor the Galt’s biggest thief. It is also important to note that Candidate Bruce Roberts stopped the investigation of one of the biggest crimes on the Galt, claiming a lack of money, despite the police having one of Florida’s largest budgets. Under Roberts, investigation of crime took a backseat to money.

Jan Bergemann of the Cyber Citizens For Justice can be reached at 386-740-1503 or at [email protected] 

 

State Representative Julio Robaina can be reached at 305-442-6868 or at [email protected] .