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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! 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/
Our first question up for debate: Are Ten Basic Rights Too Much To Ask For in the "Land of the Free"?
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?
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...":
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
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