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Dear Governor Charlie
Crist, Dear Lt. Governor Jeff Kottkamp, Dear Senators
and State Representatives,
H
679 is clearly the most ill-advised community association bill that passed the
legislature in the last 10 years. The language is confusing, contradicts
existing law and creates more problems than solutions. My
letter “Please
veto House Bill 679” to Governor Charlie Crist points out the
major flaws of this bill. The ink of his signature under condo bill H
995 wasn’t dry when special interests enticed the legislators to
change some of the provisions, making a mockery out of the election
qualification provision for condominiums. FOR DETAILS PLEASE SEE: http://www.ccfj.net/CCFJGOVCRISTVETOH679.htm
In
short, the person(s), who wrote the language of H 679 must be not too familiar
with FS 720 and/or on purpose confused the issues even more. Latest after the
hearings of the House Select Committee on Condominium & Homeowners
Association Governance, all parties involved should be aware that the current
statutes regulating homeowners’ associations are totally insufficient to
solve the many problems homeowners are facing in their associations on a daily
basis. Please
never forget Representative Rich Glorioso’s statement: "It's criminal;
it almost appears as if white collar crime has taken over our homeowners' and
condo associations! The problem is that nobody is enforcing it. The current
law has no teeth. You don't have this kind of condo police or homeowners'
association police." Bill
H 679 never should have passed the legislature, because it leaves homeowners
with even more confusion and legal fees. The mediation/arbitration provisions
are convoluted and make it very difficult for homeowners to enforce rules and
statutes. Bill
H 679 will do nothing to solve any of the many problems homeowners testified
about at the hearings. It is high time to find solutions for the many problems
in Thank
you for listening to the concerns of many of
Warm Regards,
Jan Bergemann, President
Cyber Citizens For Justice, Inc.
Dear Governor Charlie Crist,
Dear Lt. Governor Jeff Kottkamp, Dear Senators, Dear State
Representatives,
We know that you don't like to listen to the
consumers, but that special interest has the ear of many of you. Many
of the bills we see passing prove that point! I'm just writing this so you
can't say later you didn't know!
Financial disaster looms over our community associations -- and by now you all should know it! Since many month the writing is on the wall -- the media reports about it nearly daily. We saw reports from all over the state, not just from the South. Many legislators from North and Central Florida always claim: Oh, it's just down South. Wake up, you are wrong! Last week we saw alarming reports from the West Coast and Central Florida.
This alarming article is
again from South Florida, but it just mirrors what we see in other parts. It's
state-wide! And it's not only condos, homeowners associations, especially the
newer ones, have similar or even worse problems.
PLEASE READ: Unpaid
fees trouble condos at: http://www.ccfj.net/condounpaidfeesforecl.html
But instead of trying to
protect the families who got lured into these associations under false
pretenses like "easy living" and "associations are protecting
property values" our legislature is still trying to cater to special
interest and service providers.
This means you are
destroying the "American Dream" of many families who will lose their
homes.
You are trying to pass
H679/S2504 -- a convoluted HOA bill that does nothing to
resolve the many problems the members of the House Select Committee on
Condominium and Homeowners Association Governance, but will add to the already
outrageous legal fees some associations and owners are already paying, no
matter what the sponsors are telling you.
There are other bills
running that will put further financial burden on our associations and the
owners. You are trying to protect banks and developers, with absolute no
concerns for your constituents.
CCFJ, Inc.
had offered changes to FS 718.116 and FS
720.3085 that would protect owners against frivolous foreclosures and
outrageous legal fees -- but, who cares? Some of these provisions
are being revised, but not to protect consumers! (See H 921/S1986)
It seems the battle cry in
our legislature is: Let's protect the banks, let's protect the developers and
let's protect the associations. But we barely ever hear: LET'S PROTECT
THE PEOPLE! BUT THEY ARE THE ONES LOSING THEIR HOMES!
If that's the way our
legislature operates, please don't be surprised if you face some very
irate crowds during the election campaign. Don't forget: This time HOMES
and the FINANCIAL WELFARE of FAMILIES are
at stake!
And for many of these
owners it will be much too late when you return next year! THEY HAVE
ALREADY LOST THEIR HOMES
Please consider this when
approaching the last ten days of this legislative session!
Warm Regards,
Jan Bergemann, President
Cyber Citizens For Justice, Inc. Dear Governor Charlie Crist, Dear Lt. Governor Jeff Kottkamp, Dear Legislators, Friends and Members,
You
may chose to ignore this e-mail as you have ignored the writing on the wall so
many times before. See
Final Committee Report: http://www.ccfj.net/HSCFINALREPORT.html
With establishing this Committee House leadership indicated that they would be willing to listen to the homeowners. And dedicated homeowners traveled hundreds of miles, packed the meeting halls to tell their story, well documented in most cases, and waited hours on a Saturday to be heard. The
answer of the Republican House Leadership: Rep. Andy Gardiner's HOA
Bill H 679, most likely the most pathetic special interest HOA bill filed in
the last few years. Please read my take about the bill at: http://www.ccfj.net/CCFJHSCOpenLetter.htm JUST
READ THE HIGHLIGHTS OF THIS BILL!
It really makes you really wonder!
But
as soon as the legislative session started all constituents' input was quickly
forgotten and the House leadership decided to put lobbyist Peter Dunbar and
his sidekick Travis Moore in charge of the HOA reforms. Don't ever forget:
Pete Dunbar influenced most of the existing HOA statutes that cause all the
problems the committee heard about. He
lobbies for the ATTORNEYS FULL EMPLOYMENT ACT AND GET RICH QUICK PLAN!
To the detriment of the owners! May be House leadership thought it to be a smart move to let a House representative sponsor this ugly piece of HOA bill, which is detrimental to homeowners' interest, who will most likely be re-elected by default. If this bill passes in the House in the proposed version you may have some fun for the next three weeks, but then we owners will have some fun at your campaign rallies for re-election -- all summer long. You have seen during the meetings of the House Select Committee that lots of owners are desperate and will do nearly everything to protect their homes and the welfare of their families, being destroyed by the twisted laws governing our homeowners associations. These bills make things even worse instead of creating necessary reforms!
And
since desperate times call for desperate measures, we will work it this year
the European way. In And then please ask Peter Dunbar and Travis Moore to get you the votes to get re-elected! Please consider that more than 70% of our membership are registered Republicans, who will have no quarrels to vote for any opposing candidate, no matter what party. That may show you that times are desperate!
You
may chose to ignore these fair warnings, but we homeowners will no
longer be willing to see our lives and retirement destroyed because you think
big campaign coffers will fix the problems for you in November. Don't bet on it!
Warm Regards,
Jan Bergemann, President
Cyber Citizens For Justice, Inc. Dear Governor Charlie Crist, Dear Lt. Governor Jeff Kottkamp, Dear Legislators, Friends and Members,
More
and more homeowners living in mandatory homeowners' associations are getting
the impression that Florida's legislators must seriously
"dislike" them. Despite the many problems -- everybody in the
meanwhile knows about it -- the Florida legislature tries to avoid regulating
homeowners' associations again. As the report of the House Select Committee on
Condominium and Homeowners Association Governance clearly stated: The
best laws are useless without enforcement.
Newspapers
and TV News are permanently reporting about the desperate need to regulate
homeowners' associations.
The
latest example: NBC 2 -- Fort Myers -- run last night a news
report headlined: NBC2 Investigates: Homeowners Associations,
see: http://www.ccfj.net/TVNBC2InvHOAreport.html
The
most pathetic statement in that report came from Michael Cochran, Division
Chief Division of Florida Land Sales, Condominiums and Mobile Homes (quote):
"Make sure you know your rules and regulations before you move in!"
Chief
Cochran was part of the House Select Committee on Condominium and Homeowners
Association Governance and listened to the testimony of many homeowners. Latest
then he should have realized that it's not about initial rules and
regulations, it's about the fact that these associations are not regulated and
everybody does what he/she wants. And for the service providers like attorneys
and managers it's plainly a cash cow. The final report of the committee says
so -- loud and clear:
But
as long as our legislators allow lobbyists like Peter Dunbar -- considered by
many as Enemy No. 1 of homeowners and condo owners in Florida -- to be in
charge of decision making in our legislature we will never see improvements in
these associations. Don't forget, he is one of the authors of Florida's
association laws, and we all know these laws create nothing but lawsuits and
allow scams and embezzlement -- in short they are pretty useless! But
that's what he is lobbying for!
The
public speaks -- legislators don't listen! Is that the idea?
The legislative language to regulate homeowners associations is ready to go. It's easy to implement and would even take quite some load of the overburdened court system. It would just make common sense!
Homeowners
wait to be heard. Do we have to wait until November?
Warm
Regards,
Jan Bergemann, President
Cyber Citizens For Justice, Inc.
Dear Governor Charlie
Crist, Dear Lt. Governor Jeff Kottkamp, Dear Legislators, Friends and
Members,
Actually, we should all be
ashamed that something like this can happen in Florida. An Englishman
spending $500,000 in order to see financial records of the condo
association that he has the right to see -- minimum on paper. Our justice
system obviously doesn't work and enforcement is more or less non-existent.
Please read this story -- with all the documents attached -- and come to your
own conclusion about our association statutes:
FS
718 says that unit-owners have the right to inspect records -- period!
NO
REASON NECESSARY!
But here comes a judge and says: "Well, you can't prove any harm, so it doesn't matter."
It
seems this judge doesn't care much about the Florida statutes!
Our
economy is down the drain, our real estate market is more or less dead -- and
we haven't seen the worst of it!
But
our legislators don't discuss how to protect our owners against frivolous
spending or foreclosures -- or protecting owners or their financial welfare by
creating necessary enforcement of the laws. Homeowners in mandatory
homeowners' associations don't even have a regulatory agency they could turn
to.
But
we see bills making progress that allow -- according to the bill analysis (quote):
"The
bill also authorizes the levy of special assessments without owner votes
regardless of declaration, articles or bylaws. It can also borrow money and
pledge association assets as collateral to fund emergency repairs without
unit owner approval."
See
H-1349 (Rep. Hudson) + S-2470 (Sen. Deutch)! WHY NOT JUST ASKING OWNERS TO
SIGN SOME BLANK CHECKS?
As
long as we don't see serious association reforms to protect the welfare of the
owners we will see more of these sad stories on a daily basis. Admitted, this
is an extreme case, but it clearly shows what is happening in our
associations. So, who do our legislators want to protect? The income of
attorneys and service providers? Definitely not the welfare of their
constituents!
That's the only explanation I can come up with after looking into these issues since many years!
MARK
MY WORDS: IF THE FLORIDA LEGISLATURE FAILS TO CREATE SERIOUS OWNER-FRIENDLY
REFORMS DURING THIS SESSION WE WILL SEE A DISASTER DURING THE NEXT YEAR WITH
OWNERS AND ASSOCIATIONS GOING BROKE -- AND EVEN MORE FAMILIES LOSING THEIR
HOMES! I'M NOT EVEN TALKING HURRICANE! THE WRITING IS ALREADY ON THE WALL!
WITH
ALL DUE RESPECT TO OUR LEGISLATORS:
CAN'T YOU READ?
Warm
Regards,
Jan
Bergemann, President
Cyber Citizens For Justice, Inc.
Dear Governor Charlie
Crist, Dear Lt. Governor Jeff Kottkamp, Dear Legislators, Friends and
Members,
The
final report of the Committee was finally published -- and honestly --
didn't contain any surprises for the folks that followed the meetings
closely. The testimony of the owners was just too overwhelming and even the
best "excuses" of the specialized attorneys (disguised as CALL or
CAN) sounded real pathetic. From stating that they were not informed timely
-- their lobbyist Peter Dunbar is on the official House mailing list and
knew about it from the very beginning -- to their claim it was all just
a scheme cooked up by CCFJ, Inc. to push for our reforms. Actually, we
should be honored about this statement. I
wish we had this kind of influence on the Florida House of
Representatives. But then I would just ask Speaker Marco Rubio to pass all
our bills and would not force 9 State Representatives and their staff
to work overtime on 5 consecutive weekends -- and then some!
All
Florida homeowners and condo owners should thank these Representatives and
their staff for their great efforts to find out what's wrong in our
associations. They did an outstanding job!
You
find the complete FINAL REPORT at:
During
the hearings all the Representatives realized one thing: The
specialized attorneys are the problem, not the solution! Not only
did these attorneys write their clients (association boards) not to
follow the invitations mailed out by the committee and wait for a subpoena
to be issued, they then dared to complain about their clients having to go
long distances after receiving these subpoenas. Attorney Randall Roger even
testified that his clients (board members) had better things to do on a
Saturday afternoon than showing up in front of the House Committee. "They
are just volunteers serving their community." That's correct for many
good board members, but the board members in question had already
violated Florida statutes by ignoring written record requests.
Just
one simple question: How are owners supposed to enforce their right to
record inspection if even a powerful House Committee with subpoena power
fails to succeed? Lots of the subpoenaed documents still haven't been
supplied -- board members on advice of their attorneys plainly snubbed this
Committee!
One
sentence stands out in this FINAL REPORT:
According,
the Select Committee recommends that homeowners associations be regulated
like condominiums and cooperatives through DBPR, subject to the same $4 per
home per year fee.
But
the committee members heard the same excuse we heard in 2003 during the
meetings of the HOA Task Force. "Uncertain regarding the number and
scope of homeowners associations!" This may be a difficult problem to
solve for specialized attorneys and DBPR executives, but for people with
common sense the solution is real easy:
Add
two questions to the Annual Business Report Form:
Are
you a mandatory homeowners association regulated by FS 720? CHECK YES or NO!
How
many lots belong to your association?
PERIOD!
PROBLEM SOLVED WITHIN A YEAR!
That
sure solves that problem in a heartbeat!
There
is plenty of money in the condo trust fund to start the HOA Division. The
money can quickly be repaid with funds coming in from HOAs -- estimated more
than $10-million annually!
That
solves many of the big problems HOAs are facing -- our economy and the real
estate market create havoc in our associations. It creates new jobs -- may
be in Gainesville? -- and takes some of the burden of our court system that
has financial problems.
I
will never understand why nobody is willing to use this simple solution that
would go a long way!
Warm
Regards,
Jan
Bergemann, President
Cyber Citizens For Justice, Inc.
COMMON
SENSE:
A
REGULATORY AGENCY FOR HOMEOWNERS' ASSOCIATIONS
March 17,
2008
Dear Governor Charlie
Crist, Dear Lt. Governor Jeff Kottkamp, Dear Legislators, Friends and
Members,
Everybody talks about the bad economy, the
budget crunch and the many problems homeowners living in associations face on
a daily basis. The House Select Committee on Condominium and Homeowners
Association Governance sure heard its share of horror story. In case you doubt
my words, ask the members of the Select Committee. What more is necessary to
convince everybody that there are real problems, not just imaginary like some
specialized attorneys always claim? Whatever changes will be made, without
strict enforcement it's all a waste of time! Each year we see the legislature
add new provisions to FS 720, but the problems continue to increase, so does
the number of homeowners with huge problems.
The solution is real easy -- was already
discussed and proposed during the meetings of the HOA Task Force in 2003/2004
-- it's just a matter of common sense! Create a regulatory agency financed by
the homeowners with $4 annual, same concept as the Condo Division of the DBPR.
A Regulatory Agency
If
that's not enough reason I wouldn't know what is? Add an Ombudsman's office
for information, education and election supervision!
It's
clearly a WIN-WIN situation for everybody -- may be not for a few specialized
attorneys, but who will still be making a good living!
Why
don't we see this obvious solution for many problems running through the
legislature like a wildfire?
It's
just what common sense dictates!
And if our legislators see fit to finally enact this solution, please make sure that the new jobs pay good money -- there is plenty to go around. You get what you pay for -- and if you pay low salaries you'll only get the folks nobody else wants -- causing even more problems. We are dealing with a sad example on a daily basis!
Please
help homeowners living in associations by creating this long overdue
regulatory agency. Owners need a regulatory agency with strong enforcement
powers that will finally stop the financial mismanagement, uncontrolled
spending and even clear embezzlement in our homeowners ' associations.
The
language for a regulatory agency is ready to use -- what are you waiting for?
Warm
Regards,
Jan Bergemann, President
Cyber Citizens For Justice, Inc.
Dear Governor Charlie
Crist, Dear Lt. Governor Jeff Kottkamp, Dear Legislators,
Friends and Members,
"If displaying a
mezuzah outside a condo is prohibited, then we've hit an all-time low,"
said State Rep. Adam Hasner, R-Boca Raton. "I can't
believe that in South Florida this is even an issue."
State Rep. Julio
Robaina, R-Miami, has added a provision to a proposed condo bill that
would specifically allow "the attachment of religiously mandated objects
to the front-door area of a condominium unit."
You better believe it -- common sense is no longer used in Florida's associations. Just read this editorial -- it hits the nail right on the head!
"Condo
board's stance against mezuzah is totally meshuganeh" at: http://www.ccfj.net/condomezuzahop.html
Donna Berger (Becker &
Poliakoff + CALL) loves to use the word "micromanagement". It's her
excuse for any bill proposal she wants to oppose -- and that's about
every bill that doesn't give attorneys and board members more power and
decision-making power over the finances!
This is just another great
example why we need detailed laws that protect the owners: Power-hungry board
members that lack common sense -- supported by attorneys out to make a fast
buck!
But the much bigger threat
for owners is the financial insecurity, caused by financial
mismanagement, uncontrolled spending and even clear embezzlement in
our associations!
Here is another
example where owners' money goes, due to lack of enforcement and
accountability: "Hallandale police say ex-condo head took
$200,000" at: http://www.ccfj.net/condoprestook$200000.htm with
the follow-up story: "Hallandale police probing condo's
finances" at: http://www.ccfj.net/condopresfinances.htm.
It seems everybody had the hands in the cookie-jar!
A few weeks ago it
was $650,000, see: "Homeowners group's ex-leader
accused of theft" at: http://www.ccfj.net/HOAFLBocaRiotheft.html
And these
are not just isolated cases -- more will be revealed in upcoming
weeks -- investigations are already pending! Others are covered up, to protect
the "property" values. Other cases are hard to prove, because boards
with the help of attorneys refuse to release financials documents -- violating
some more Florida statutes!
You
may ask why community association reform is so important Many owners paid much higher special assessments to their associations than they paid for property insurance and property tax together!
Warm Regards,
Jan Bergemann, President
Cyber Citizens For Justice, Inc. Dear Friends and Members,
the
big community association bill has been published and been assigned official
numbers. In the House it's bill number H 1373 (Sponsored by
Representative Julio Robaina) and in the Senate S 2816
(Sponsored by Senator Alex Villalobos). Both are very
consumer-friendly legislators trying to help us owners deal with the many
problems we are facing in associations! They filed the bill -- now it's up to
us to do our job! We need to contact our local legislators and ask
them to support this bill!
If you are only interested
in the parts of the bill that concerns your association, please click on the
links on top of the bill. It makes it real easy!
If you haven't seen the
report on FOX35News-Orlando about problems in homeowners' associations, please
take a look at: http://www.ccfj.net/CCFJwagewarFOX35.html and
watch the video!
And it's very easy to understand why they are fighting easy enforcement, accountability and education. Their business blooms if owners are fighting each other. Peaceful nice communities are not good for their business!
Ask your local legislators
to co-sponsor this important bill. We are complaining about high insurance
premiums and property taxes? Quite a few owners have paid a lot more in
special assessments. We need to stop
the waste of our association dues caused by financial
mismanagement, uncontrolled spending and even clear embezzlement! See: Homeowners
group's ex-leader accused of theft at: http://www.ccfj.net/HOAFLBocaRiotheft.html
Don't
know who your local legislators are? Send me an e-mail with your zip code and
I'll send you the contact addresses!
Here is your chance to protect your financial welfare! Write your legislators to support the bill! A little hint: Always write the bill number in the Subject line!
Warm Regards,
Jan Bergemann, President
Cyber Citizens For Justice, Inc. Dear Governor Charlie Crist, Dear Lt. Governor Jeff Kottkamp, Dear Legislators, Friends and Members, The owner-friendly association bill is ready to roll. Lengthy research and much work has been invested to create this bill that will finally create much easier enforcement, accountability of the people in charge and information and education for owners and board members alike. This bill was long overdue to protect owners against abuses and financial hardships!
Sponsored by two well-known consumer advocates in the Florida Legislature, Senator Alex Villalobos (Miami) and State Representative Julio Robaina (Miami), this bill aims at stopping many of the abuses owners in associations face on a daily basis. Other legislators have already promised their active support for this bill.
In a time, where owners in Florida already face financial hardships through high property taxes and outrageous property insurance premiums our legislators need to protect homeowners and condo owners against financial mismanagement, caused by arrogance, incompetence or straightforward greed and -- as we have seen in recent times -- plain criminal misconduct. Just today another condo reported more than $1,000,000 being embezzled. More details to come as soon as I have received the documents from the new board! Law enforcement again wasn't interested in this clear case of embezzlement! This has to stop! We owners just can't afford that any longer! The bill has many highlights, all aimed at owner-protection. Please read more details at:
Representative Julio Robaina made it very clear why he
feels so strongly about the much-needed reform (quote): "Without
enforcement we have no laws! If a system didn't work for ten or
twenty years, don't expect a miracle. We need to change it!"
Florida's homeowners
and condo-owners are hoping that legislators finally recognize the many
problems owners living in associations are facing and will vote in favor of
this bill!
Warm Regards, Jan Bergemann, President |
For comments please send e-mail to
: dispatch@ccfj.net
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