CYBER CITIZENS FOR JUSTICE, INC.
DISPATCHES
AARP

BILL OF RIGHTS

Dear Governor, Dear Legislators, Friends and Members,
The battle in the NJ Supreme court about constitutional rights in mandated properties (homeowners' associations and condo-associations) is heating up.
 
The AARP just filed their Amicus Brief in support of the homeowners, who are fighting for their constitutional rights! See: http://www.ccfj.net/twinriversAARPAmicus.htm

Definitely an interesting reading!

We have heard often enough from Florida attorneys that owners in associations signed away their constitutional rights at the gate! Not so -- last I heard we still live in the United States -- not Cuba or China!

  

Recently AARP and LULAC - two of the biggest consumer organizations - have entered the battle for the protection of these owners, caused by many complaints by their members about abuses in these associations. The AARP just published the "Bill of Rights for Homeowners".

Owners are fighting dictatorial and abusive boards supported by the trade-organization of the service providers, the Community Associations Institute (CAI). The New Jersey Supreme Court will hear the case dubbed "Battle at Twin Rivers", that pits owners against a board supported by the CAI. And it pits the AARP against the CAI, if you read the Amicus Curiae Briefs filed by these two organizations.
 
But I guess our founding fathers would turn in their graves if they would know that this lawsuit would even be argued in front of a Supreme Court.
Our founding fathers fought and died for the US Constitution -- for all US Citizens -- not only the ones living outside of associations!
 
Warm Regards,
Jan Bergemann, President
Cyber Citizens For Justice, Inc.


Dear Governor Jeb Bush, Dear Secretary Simone Marstiller, Dear Legislators, Friends and Members,
The newly published AARP BILL of RIGHTS for HOMEOWNERS in ASSOCIATIONS was this week introduced to Texas senators during a committee hearing actually dealing with TUPCA, the Texas version of the Uniform Common Interest Ownership Act (UCIOA) as it's called in other states -- like Florida. Homeowner advocates will fight this CAI proposal that is nothing else than another attempt of introducing a FEEL-GOOD BILL, with no teeth -- no enforcement and no accountability. In very impressive fashion Texas homeowners' advocates told the Senate panel that TUPCA, pushed by the Community Associations Institute (CAI) is another bill that would take even more constitutional rights away. Quoted was Florida's Richard Spears:"Buyers surrender their civil rights!"Spears, a propagandist for the CAI under the cover of being a homeowners' advocate, is actually a member of Florida's Ethics Commission.
And by handing the magazine cover of the CAI magazine "Common Ground" to the Texas senators they exposed the CAI for what it really is: A trade organization with little or no concern for the welfare of the homeowners! The picture on this cover says it all! Please see the complete report and watch the video of this testimony at: http://www.ccfj.net/CCFJUCIOA.htm
And if you still doubt what HOAs can do to unsuspecting homeowners watch the end of the video, where a distraught homeowner breaks down during testimony, threatening to take her own life to end ongoing horrors with her HOA.
Especially Beanie Adolph's presentation leaves no doubt that this bill proposal (TUPCA) is directed at taking even more constitutional rights away from owners. (Quote): "Look at the long list of laws CAI has had enacted against the homeowner.  Stop these anti-homeowner laws.  Represent your constituents! Support the Homeowner Bill of Rights.
 
We homeowners here in Florida fully support this statement and ask our legislators to finally take decisive action and use the model statute of the AARP BILL of RIGHTS for HOMEOWNERS in ASSOCIATIONS  to enact statutes that will finally protect homeowners against the permanent abuses in our communities!
 
WE WANT NEIGHBORLY COMMUNITIES -- NOT BANANA REPUBLICS!
Warm Regards,
Jan Bergemann, President
Cyber Citizens For Justice, Inc.


Dear Governor Jeb Bush, Dear Legislators, Friends and Members,
 
In order to discuss issues with all parties with a vested interest in association reforms CCFJ, Inc has created a WEBLOG, short BLOG, that allows to discuss issues of interest and gives readers the opportunity to comment on important questions. You will find the BLOG at: http://ccfj.net/wordpress/
The AARP recently published a BILL of RIGHTS for HOMEOWNERS in ASSOCIATIONS , not only because of many complaints they heard from their members, but as well in response to the claim of CAI attorneys that homeowners gave up their constitutional rights at the gate, meaning by signing a "contract" to become a member of a homeowners' or condo association. Hopefully the New Jersey Supreme Court will soon decide that they are absolutely wrong. Homeowners' activists claim since a long time: "Living in a mandatory homeowners' association means leaving the American Zone."
Is that what we homeowners really want -- or is it something the service providers want to force us into -- for even bigger profits at our expense? We all know in the meanwhile that their bogus excuse of increasing property values is just an advertising gimmick -- definitely not backed up by any facts!
 
Florida's homeowners are suffering threefold: Property Insurance, Property Tax and an Association System that fails the owners! We will see many owners selling their property -- if selling is even possible for a reasonable price -- and move to greener pastures -- back up North! The flow of new owners -- especially retirees -- will dry out, because being on a fixed income they just can't afford to move to Florida any longer.
 
And despite everybody being aware of the serious problems we are facing -- so far we only heard talk, but have seen no action whatsoever! But the cries for help from citizens are ever increasing, especially from people with fixed or lower income.
What say you: Is it too much to ask for these basic rights in the "Land of the Free"? Or are we even still "Free" as many politicians want us to believe?
Some food for thought!
 
Warm Regards,
Jan Bergemann, President
Cyber Citizens For Justice, Inc.

P.S.: You can subscribe to the Blog with your e-mail address, so you receive an e-mail notice whenever the Blog is edited!

Dear Governor Jeb Bush, Dear Secretary Simone Marstiller, Dear Legislators, Friends and Members,
 
Today's Sun Sentinel front page headline says exactly what we have been saying all along:
States are urged to adopt an owners' bill of rights.
AARP targets condo, homeowner boards

See: http://www.ccfj.net/HOAAARPbillart.htm

Links to comments and the actual Bill of Rights For Homeowners are added to the page!

See Sun Sentinel:

http://www.sun-sentinel.com/news/local/southflorida/sfl-scondo19aug22,0,787928.story

 

With "states" the AARP actually means the legislators of the states, like House Representatives and Senators.

 

May be now, when even the AARP, America's biggest consumer organization with more than 36-million members, is asking for desperately needed reforms, we will see some more legislators paying attention. 

 

And it should finally lay to rest the stupid fairy tale used by certain attorneys that just a few "disgruntled" and/or "unhappy" owners are complaining. The AARP wouldn't take on this complex issue if they wouldn't have received a multitude of serious complaints.

 

Why is it so difficult to understand that there is a real problem that effects many citizens?
Since 2004, when some good reforms were enacted, the attorneys and management companies supported by some power-hungry board members are trying to reverse the already enacted reforms.

 

You wonder why we didn't see minutes of meetings of the Condo Advisory Council posted for so long? Honestly, I would be embarrassed as well if I would be one of the attorneys, appointed by our executives to the Condo Advisory Council, who are trying to create statutes to render the office of the condo ombudsman and the election monitors useless. 

Wonder why? MONEY! GREED!

 

They are clearly using condo-owners' money to pursue their own private agenda. If you read their proposals to change the existing laws (See Minutes 4-6-2006) you can only come up with one word: SHAMELESS!

 

I can really understand why the powers-to-be didn't want to see the minutes posted!

The Ombudsman's Office -- plus election monitors -- was created because the DBPR failed to do the job, as intended by the legislature! When will that be understood? The failure of the DBPR is a big part of the failure of the association system!

 

When will this stop -- and when will our legislators finally realize that we are dealing with a problem that is not going away by being ignored?

 

We need THE AARP BILL OF RIGHTS FOR HOMEOWNERS enacted here in Florida to protect the rights of all owners living in any kind of association. It's long overdue! May be the involvement of the AARP will wake up some legislators who were fast asleep behind their office desks, not caring about the welfare of their constituents!

 

I loved Donna Berger's statement: "I don't see people leaving the state because a board president has been there too long," she said. "I see people leaving the state because insurance rates are too high."

Making such comments shows how desperate some attorneys are getting to defend their position. If she would have kept track she would have realized that owners left Florida because of bad boards, long before the insurance disaster was even discussed!

It just means that we now have two serious problems our legislature has to deal with for the welfare of Florida's citizens: Association Reform and Property Insurance Reform!

Warm Regards,
Jan Bergemann, President
Cyber Citizens For Justice, Inc.

 
Dear Governor Jeb Bush, Dear Secretary Simone Marstiller, Dear Legislators, Friends and Members,
 
The AARP Public Policy Institute published a sample national model statute for a BILL of RIGHTS for HOMEOWNERS in ASSOCIATIONS
For more detailed information please see: http://www.ccfj.net/HOAnatAARPbill.htm
 
The involvement of AARP in this pressing issue should finally stop the fairy tale used by association service providers -- like Leigh Katzman and Donna Berger (CALL) -- that only a few "disgruntled" homeowners are "unhappy"! The problem is nation wide and definitely not limited to a few uninformed owners, "who don't want to follow the rules". It is high time that people take off their blinders and see what is going on in the real world!
Author David Kahne, a well-known attorney from Houston, stated in his research report: "In advocating reasonability as the touchstone for all actions, the principles maintain that homeowners have the right to...":
  • The Right to Security against Foreclosure
  • The Right to Resolve Disputes without Litigation
  • The Right to Fairness in Litigation
  • The Right to Be Told of All Rules and Charges
  • The Right to Stability in Rules and Charges
  • The Right to Individual Autonomy
  • The Right to Oversight of Associations and Directors
  • The Right to Vote and Run for Office
  • The Right to Reasonable Associations and Directors
  • The Right to an Ombudsperson for Homeowners
In the foreword Andrew Kochera, AARP Public Policy Institute, states that "The Bill of Rights" contains the demand for fair and balanced procedures for information sharing, governance, and dispute resolution, which make for better communities.
 
This is exactly what homeowners' activists have demanded all along. During meetings of the Governor's HOA Task Force Karen Gottlieb and I have voiced the demand for certain basic rights, easy enforcement of the rules reducing frivolous litigation and accountability of the people in charge. So far to no avail! May be now, with the AARP voicing these demands as well, legislators will finally listen?
 
This Bill demands basic rules to bring democracy and our constitutional rights back in communities governed by mandatory associations. A bill using this model statute is being written for Florida as we speak and will be ready in time for the next legislative session.
It will be very interesting to see if our elected officials are interested in the basic rights of their constituents or if they rather support useless statutes without teeth -- just giving lip service to basic rights of Florida's homeowners?
 
Warm Regards,
Jan Bergemann, President
Cyber Citizens For Justice, Inc.
For comments please send e-mail to : [email protected]