An Opinion By Jan Bergemann 
President, Cyber Citizens For Justice, Inc. 

Published July 22, 2007

Below you see a typical example of a board willing to waste associations' dues for legal fees for a cause that will definitely not help the welfare and property values of homeowners. It plainly serves to protect the personal EGO of some board members!

Isn't it funny that an outfit doing business as "Cimarrone Property Owners' Association" is suing a member of the community who opened a website under the name "Cimarrone Golf & Country Club" with the big Disclaimer visible on first sight: "DISCLAIMER: THIS IS NOT THE OFFICIAL WEBSITE OF THE CIMARRONE PROPERTY OWNERS ASSOCIATION, INC."

The lawsuit even goes so far as to complain about the defendant registering the website address: cimarronegolfandcountryclub.com. Not registered domain names are free for all -- see rulings in many big court decisions in recent years.

The lawsuit talks about registered trademarks and trade names. Research showed that no such names are officially registered. 

I got the biggest laugh when I read Paragraph 11 of the complaint (quote): "Additionally. Defendant selected the Website address to capitalize on the goodwill associated with Cimarrone's trademark and trade names!"

Is the quoted "goodwill" the unwillingness of board members to let owners speak at open meetings or to express their opinion on the "official" bulletin board?

I really like the "confusion" claim (quote): "13. As a consequence of Defendant's actions, customer confusion as to the source and/or sponsorship of the website is likely and, in fact, has already occurred."

Admittedly, confusion always occurs if people can't read -- or don't want to read!

And if that wasn't enough, here comes the final "goodie" (quote): "14. As a result of defendant's actions, Cimarrone has been harmed."

Here comes the real question: Who actually is Cimarrone and who has actually been "harmed"?

The board members whose personal ego may have suffered by certain opinions published on the website?

Or the homeowners whose dues are wasted on legal issues that serve the private agenda of these few board members who tried to intimidate people to forego their "FIRST AMENDMENT RIGHTS" and abuse their power to squelch peoples' opinions?

I always wonder about the lawyers willing to take on a case like that and help a power-hungry board to waste owners' good money! And isn't the attorney supposed to represent all members of the association, not just a selected few called "THE BOARD?"

But, like the saying goes, everything for a fast buck! And even power-hungry board members who hate freedom of speech should have a right to their "Day In Court" -- but not at the expense of their neighbors!

Personal EGOS should not be protected by wasting homeowners' association dues.

The quickest fix for the neighbors: RECALL THE BOARD and stop the lawsuit before more financial damage is done. Homeowners' dues should be used for maintenance and for beautification of the community, not for board members waging a private war to subdue their neighbors!