CYBER CITIZENS FOR JUSTICE, INC.
DISPATCHES
ASSOCIATION BILL

 

Dear Governor Charlie Crist, Dear Lt. Governor Jeff Kottkamp, Dear Senators and State Representatives:

 

I hope you all had a great weekend and could sleep really well.


Considering the headlines of major Florida newspapers – and I’m not talking about the oil spill – you all should be really ashamed of betraying Florida’s homeowners and condo owners that live in mandatory community associations.  Community association bill S 1196 will do absolutely nothing to help these poor owners living in the communities mentioned in these articles.

 

I’m not sure what went on in your minds when you passed this bad bill.

Something like this?

  v     I really need some more campaign funds from special interest.

  v     We can always blame Governor Charlie Crist if he doesn’t veto the bill.

  v     These owners don’t deserve better because they believed in the false promises.

  v     These owners are stupid enough to believe that this bill will really help.

 

These are just three of the ugly headlines from this past weekend:

·        Woman, 85, ousted from her home of 20 years in On Top of the World (Ocala Star Banner) http://www.ccfj.net/condoTOWforeclosure.html     Her social security payments didn’t keep up with the increased condo dues which went from $115 to $397 per month.

·        Rampant foreclosures leave condo owners stuck with fees (St. Petersburg Times) http://www.ccfj.net/condorampantforeclosures.html                  The folks who invested their life savings into this condo-conversion will lose it all.    Don’t forget, bulk buyers (investors) normally have some brains and don’t buy into doomed places.

·        Residents at foreclosed Bella Vista project seek answers (Sun Sentinel) http://www.ccfj.net/condobankruptBellaVista.html  Just watch the video with all the great developer promises – and the weeds at the end!

 

All these articles reflect the “great value” of Community Association Living, allegedly improved by “great bills” passed by the Florida legislature.

 

By the way, no provision in S1196 will prevent these people from losing their homes and/or their life-savings!

 

And the legislator most responsible for the betrayal of Florida ’s homeowners and condo owners, Representative Ellyn Bogdanoff, isn’t even willing to face the music.  So far she has refused any interviews in regard to explaining her bill and the killing of the bill that would have created a 2% cap for the lenders.  Her cheerleaders – the folks that financed her Senate campaign – were sitting in the front row at the committee meeting where her Republican followers killed the bill that would have really helped Florida ’s homeowners and condo owners.  You may know that Bogdanoff’s telephone threats had already silenced the opposition.

 

Read the articles behind the above headlines and I have to ask: Can you still sleep while these citizens can’t sleep and soon won’t own a place called HOME any more?

 

Warm Regards,

Jan Bergemann, President
Cyber Citizens For Justice, Inc.

Dear Governor Charlie Crist, Dear Lt. Governor Jeff Kottkamp, Dear Senators and State Representatives:

 

We have seen a lot of bad bill proposals for community associations in the last few years. Special interest bills, pushed by lobbyists like Peter Dunbar, are attempting to destroy what little common sense is left in our community associations.

 

H561/S1196 is the typical example of an ill-advised bill that will do absolutely nothing to help our associations to deal with the serious problem of unpaid dues and/or foreclosures, problems that drive associations into bankruptcy. Every legislator who votes in favor of this bill either doesn't understand what this bill will do to our associations and owners, got his/her arm twisted by the powers that be or is driven by greed for special interest campaign funds.

 

The bill actually protects banks/mortgage companies - the guilty parties that promoted the whole disaster caused by their irresponsible lending practices - against any further liability, but throws the owners a few breadcrumbs by allowing them to harass their neighbors who are behind in their dues.  That is a solution that will not solve the problem of the huge budget deficits. Associations need solutions, not feel-good measures.

 

Among other problematic issues Community Association Bill H 561/S 1196 will allow:
  • Associations to forego retro-fitting with sprinkler systems
  • Associations to forego providing emergency power supplies for elevators.
  • Certain condos not to install fire alarm systems.
  • To enforce fines levied by association kangaroo courts with liens + foreclosures.
  • Association boards/owners to harass neighbors who don't pay their dues.
  • Profits for service-providers to increase.
  • Board members to officially compensate themselves.

It's all to increase power of association boards and service providers at the expense of life, health and safety of the owners.

 

The bill allows associations to forego important safety provisions, which associations could easily afford to install if banks and mortgage companies would be forced to pay their fair share.

 

One of the sponsors of this outrageous bill, Senator Jeremy Ring (D-Margate), is obviously a quick learner to defend selling his constituents to special interest. In a media statement he said: "There will not be a veto of this bill!'' Ring claims that the bill has been worked out with the governor's office and that his staff has signed off on it. Isn't that exactly what GOP Chair John Thrasher said about S 6 - the Teacher Merit-Pay Bill? And we all know what happened to that bill. Learning from a legislator who has a long history of being a fighter for special interest? That surely is a great source to learn for a Democrat. Maybe Ring hasn't figured out yet that there is a huge difference between Yahoo and the Florida legislature! Yahoo is supposedly about making lots of money, while being a legislator should be all about protecting constituents.

 

If Governor Charlie Crist signs this bill into law - or lets it become law by failing to take any action -- he will go into Florida's history book as the governor who sold lives, health and safety of his constituents to special interest!

 

Governor Crist vetoed this kind of bill once - and so did Governor Jeb Bush. What has changed since these Vetoes? The need to protect the life, health and safety of Florida's citizens surely hasn't changed!

 
Regards,
Jan Bergemann, President
Cyber Citizens For Justice, Inc.
Dear Governor Charlie Crist, Dear Lt. Governor Jeff Kottkamp, Dear Senators and State Representatives,
 
It seems that the Republican House and Senate "leadership" thinks that they have a captive audience -- you can't sell your home and move out of Florida in the moment even if you want to -- and is passing more anti-citizens bills than ever before. Don't get me wrong -- I have voted Republican all my life, a fact that annoys me even more if I see how hell-bent the Republican leadership in Tallahassee is to destroy what's left of the so-called Sunshine State. Looking at what happens in Tallahassee during this session makes many retirees regret their decision to move to Florida. It's more and more obvious that we were lured here under false pretenses: Actually the State and special interest needed cash cows!
 
While other states are realizing that the power given to community associations needs to be reined in, Florida's legislature is all gung-ho to give association boards more power and increase the profits of the service providers (H561/S1196). Greed and power hunger are ruling our Florida legislature.
Texas legislators are holding hearings and realize that foreclosure powers are abused to the detriment of homeowners. See:
Texas lawmakers hear testimony on homeowners associations at: http://www.ccfj.net/HOATXlawmakershear.html
Lawmakers consider reigning in TX homeowners associations at: http://www.ccfj.net/HOATXlawmakersreiningin.html
The only ones pleading for continuing to give associations foreclosure power are the CAI attorneys, like Roy Hailey, one of the top-ranked HOA foreclosure attorneys in Houston -- as seen in the news report! These attorneys claim to speak for the associations -- but their only interest in this is greed and profit!
 
But it seems that their Florida counterparts are giving more campaign funds to our House and Senate leadership, because here in Florida the facts and issues are the same, but our Florida legislators decide to vote against the interests of their constituents. Florida legislators push bills that even adds to the foreclosure powers!
 
And they are even protecting banks and mortgage companies, who caused most of the real problems in our community associations through their irresponsible lending, against any liability from their actions.
 
"Representative" and attorney Tom Grady, who sponsored the non-judicial foreclosure bill H 1523, and attorney/representative Eric Eisnaugle, who co-sponsored this outrageous bill, should be disbarred for unethical behavior. Being attorneys they should know better than calling this bill the "Homeowner Relief & Housing Recovery Act". This title is a clear attempt to knowingly deceive the public about the actual contents of the bill, which actually will do the opposite of what the title promises.
 
The bill should actually be titled the "Banks' Fraud Cover-Up Act", considering that banks are trying to circumvent court-supervised foreclosures, because they often don't even have the paperwork to prove their right to foreclose. Non-judicial foreclosure has created havoc in other states. But these are legislators which represent special interest, not their constituents!
 
I just love these representatives who state under Religious Affiliation: Christian, but don't have any quarrels to support bills that allow stealing families' homes without proper paperwork! Shame on you! And they are members of a party that claims to fight for "FAMILY VALUES!" Where is this State coming to?
 
Have a great weekend -- and I hope you can all sleep!
 
Regards,
Jan Bergemann, President
Cyber Citizens For Justice, Inc.
Dear Governor Charlie Crist, Dear Lt. Governor Jeff Kottkamp, Dear Senators and State Representatives,
Representatives Ambler and Robaina filed House Bill 115 -- a bill that should be headlined:
LONG LIVE DICTATORSHIP!
We all know that Florida's community associations are under siege. The failing economy and the mostly dead real estate market have caused chaos in many of our community associations. Families are losing their homes. Not because they failed to pay all their bills, but because they lived in an association where neighbors didn't pay their bill.
Here are the latest victims: Water to be shut off at Kissimmee condos (http://www.ccfj.net/TVFOX35condochaos.html)
 
Instead of creating solutions to help the owners HOUSE BILL 115 will create even more chaos and confusion in our community associations. It creates legal options to help dictatorial boards to stay in power, eliminate unwanted opposition in elections, allows board members to dip in the association funds and makes record requests outrageous expensive. This bill actually contains all the tools a dictatorial board needs to crush the opposition!
 
And mediation? We all know that mediation hasn't worked (FS 720.311). Now even more of the same waste of money? Mediation only works if the parties come to the table in good faith. And GOOD FAITH is the last thing you find in these HOA wars. Otherwise 90% of the cases we see wouldn't exist!
Please read my more detailed analysis of H 115 at:
 
We need bills enacted that will help the owners -- not drag them deeper into financial chaos. We need to stop the ugly headlines in the media if we want to entice retirees from up North to come back to Florida. Without new retirees coming to live in all these empty homes and condos Florida and its associations will soon be totally broke.
We need association laws easy to understand and easy to enforce -- not a FULL EMPLOYMENT ACT for attorneys!
Why do you think that homes outside of HOAs are selling like hotcakes with property values still intact?
Read here yesterday's article from the Palm Beach Post:
Quiet, tiny Pepperwood safe, yet convenient -- see: http://www.ccfj.net/HOAFLNOHOA.html
The interesting quote from the realtor: A draw for some people might be that there's no homeowner association, a lack of organization that hasn't hurt the neighborhood's aesthetics. "A lot of people are not fans of the HOAs," Martinsen said. "So it's obviously a perfect situation for them."
 
Let's make it very clear: Every legislator willing to push or even cosponsor House Bill 115 must be a friend of dictatorial boards and an enemy of private property rights! This bill should be quickly discarded. In short: It's a piece of TRASH!
 
Regards,
Jan Bergemann, President
Cyber Citizens For Justice, Inc.
Dear Governor Charlie Crist, Dear Lt. Governor Jeff Kottkamp, Dear Senators and State Representatives,
 

Instead of using the money from the Condo Trust Fund for the purpose intended, the Governor rather raided the trust fund -- again -- to the tune of $6 million.  Was there any developer who needed a new hangar for his planes?

    

But there was no money available to hire special investigators who could help owners reining in the financial fraud, scams and embezzlement in their associations. And if the owners find out that their hard earned money is gone nothing happens to the guilty party. The owners of Charlotte Square Condominiums in Punta Gorda know since more than 9 months that their money is gone -- more than $1,2 million according to the latest numbers. The management company fired the manager -- oh my ..., what a daring move! The police conducted an "interview" and the DBPR wrote a report and the "investigators" exchanged a few e-mails. That's it -- in 9 months! But the condo owners -- most all of them retirees on a fixed income -- had to pay a special assessment to pay for an audit and "legal representation".  So the owners got "punished" to have their money stolen.  

Please see my opinion, more details and documents at:
 
This is just one embezzlement case of many -- the number is steadily increasing. And the media reports about these cases -- not only in Florida.
Last week we could read about the manager who embezzled about $500,000 up in Pensacola.
So it must really come as a relief if yesterday's headline of a Tampa news station reported that the treasurer of an association only embezzled about $10,000! What a relief considering the amounts embezzled in other associations!
 
The legislature did absolutely nothing to help the owners living under financial siege in Florida's community associations. The nightmare of bankrupt associations, ever increasing maintenance fees and special assessments continues! How long are the owners, who are still paying their dues, able and willing to pay under these circumstances?
Do you honestly believe that any retiree is still willing to come to Florida to fill the estimated more than 300,000 empty homes and condos?
Honestly, they must get their heads examined if they still believe in the fairy tale of easy living in the sunshine! But it was obviously important to pass growth management bills. What growth -- with no new retirees coming to Florida?
 
A little juicy tid-bit about "investigations" on the side: During this week's "Quality on the Line" office hours DBPR Secretary Drago asked a condo owner for patience. "The Division of Condominiums has prepared a notice to show cause. Currently this notice is under legal review in an attempt to take them [the developer] to an administrative hearing. I appreciate your patience in this matter as this can be a complex and time consuming investigative process."
Sounds great -- doesn't it? Does it still sound great to you if you know that the complaint was filed more than 2 years ago?
 
Warm Regards,
Jan Bergemann, President
Cyber Citizens For Justice, Inc.

Dear Governor Charlie Crist, Dear Lt. Governor Jeff Kottkamp, Dear Senators and State Representatives,

   

The attorneys' lobbyist groups "CALL" and "CAN" are always claiming that they represent Florida's community associations. But it seems that's only the case when it comes to issues that help these attorneys' wallets.

    

Their support was for sure totally lacking when it came to supporting Rep. Julio Robaina's bill H1397, the bill that would have helped associations to deal with the serious financial crisis caused by foreclosures and unpaid dues -- and owners renting out their units, collecting rent without paying the association dues.  This was the opportunity for these lobbying groups to show that they really mean business -- and not only pay lip-service in order to get money from board members!

In short: The support lacked, the bill failed -- and Florida's community associations are suffering -- more than ever!

   

Florida's legislature -- and these lobbying groups -- let Florida's homeowners and condo owners down and we will see in the future a lot more horror stories in the media -- horror stories that could have been prevented by Florida's legislature!

    

But the law firm of Becker & Poliakoff isn't happy with just trying to influence Florida's legislators, they want their own lobbyists sitting directly in the power seats.

Please read the whole story at:

 

It's bad enough that special interest buys the votes of our legislators with so-called "campaign-funds"! Now special interest wants their lobbyists to be legislators!

How far are our voters willing to go along?

   

Warm Regards,

Jan Bergemann, President
Cyber Citizens For Justice, Inc.

Dear Governor Charlie Crist, Dear Lt. Governor Jeff Kottkamp, Dear Senators and State Representatives,

 

The failure of Florida's legislature to pass any serious community association reform is going to haunt the State of Florida for minimum the next 12 month -- or even much longer! Paying back special interest for outrageous campaign donations is one thing, throwing Florida's owners living in community associations under the bus is another. Florida's bankers won this battle, but not the war. It seems they made the first wise investment in many years when they used stimulus money to pay off legislative leaders. The bankers' claim that they were willing to compromise is plainly untrue. They said NO to any changes -- and that was it!


That leaves Florida's homeowners and condo owners with only one option: Using any method -- who cares if laws are violated? -- to protect their family's homes and finances.

We already see daily media headlines that show that the war in our community associations is on. And it pits neighbors against neighbors, much to the delight of the "specialized attorneys" who are happy that all owner-friendly legislative reform attempts died.

 

Here just two examples from yesterday:

HOA names deadbeats (http://www.ccfj.net/TVFOX35HOAnamesdeadbeats.html) Who cares about FDCPA?

Housing fallout: Couple denied access to community where they live (http://www.ccfj.net/TVCH12HousingFallout.html)

 

Believe me, this is just the start -- it will get worse when owners get more desperate!

And one thing is sure: These ugly headlines will definitely not attract new retirees to move to Florida to fill the more than 300,000 empty homes and condos. And retirees are still one of the biggest sources of income for Florida. Besides tourism -- what do we really have that creates income? Sun, drought and hurricanes -- not to mention high property insurance and even higher property taxes??

  

Too many retirees are already losing their life savings in Fraud Friendly Florida. And word gets around!

 

I wonder how some of these legislators can still sleep seeing the disaster they create. But I guess a pillow filled with green provides nice dreams? 

 

Warm Regards,

Jan Bergemann, President
Cyber Citizens For Justice, Inc.

Dear Governor Charlie Crist, Dear Lt. Governor Jeff Kottkamp, Dear Senators and State Representatives,
 
while the so-called HOUSE LEADERSHIP is hell-bent to turn the Sunshine State into the State of Despair, many of our citizens living in community associations are fighting for financial survival. Many associations don't have sufficient funds to pay their daily bills due to foreclosed upon or empty homes, others are suffering from the loss of money caused by embezzlement and many other scams!
If you are interested in the misery of owners living in community associations please read this article:
Charlotte Square still sorting out fiscal fiasco at:
You will quickly understand why CALL, the lobbying group of the law firm of Becker&Poliakoff, is against specialized investigators dealing with financial crimes in our associations. These attorneys are making a lot of money from the misery of senior citizens!
 
House leadership is pushing community association bill H 27, the most ill-advised community association bill we have seen in the last few years. The provisions of this bill would destroy what little sanity is left in our community associations. We will see -- and publish -- how many of our Representatives are willing to give in to the arm-twisting of "HOUSE LEADERSHIP" and betray his/her constituents with a YEA vote!!
 
The sponsor of the bill, Rep. Kevin Ambler, is prominently quoted in an editorial of the St. Petersburg Times headlined: A cocoon of corrupt practices at: http://www.tampabay.com/opinion/editorials/article993793.ece
 
I think Ambler's quote clearly explains his hostile attitude towards his constituents! We should be ashamed to have voted for such legislators!
 
Florida is already leading the charts in many bad categories, why not as well in the category:
Best Politicians Money Can Buy?
 
Warm Regards,
Jan Bergemann, President
Cyber Citizens For Justice, Inc.

Dear Governor Charlie Crist, Dear Lt. Governor Jeff Kottkamp, Dear Senators and State Representatives,

 

"Lack of water supply forces residents to leave their homes" 

(See: http://www.ccfj.net/TVCH7FOXnowater.html) is a headline that will be only all too common in the near future if the Florida legislature fails to pass community association bill H1397 sponsored by Representative Julio Robaina. This bill will enable these owners to stay afloat in this testing economic times. According to info from different utility departments the number of associations far behind in their payments is growing daily! In the case of the Mirassou Condos in Miami 150 families, who paid their mortgages and association fees, will lose their homes because 170 units are not paying their fair share. And what happens then can be seen here: "Condo Complex Abandoned After Foreclosures Hit" 

(See: http://www.ccfj.net/TVCH4CBSForeclCrisis.html). Families, who paid their bills, are losing their homes and are left with paying for a mortgage but no place to live.

  

Florida's legislature has to take the necessary steps to protect families caught in a system that punishes the financially responsible owners and causes them to lose their homes and life savings. The association system fails the owners -- and the legislature needs to take the necessary steps to remedy the situation.

  

Developers go bankrupt -- bankrupting owners who already bought into unfinished communities.

  

Is this what our society stands for?

 

Today's headline in the Miami Herald: Foreclosures continue to rise in South Florida. (And not only in South Florida!)

If our government officials fail to protect the homeowners in these communities we will see a lot of families lose their homes -- even without a foreclosure!

 

Florida's owners living in community associations are not asking for a "stimulus package" -- just for a bill that will help them to keep their homes! Please take the necessary action that will help your constituents!

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

Dear Governor Charlie Crist, Dear Lt. Governor Jeff Kottkamp, Dear Senators and State Representatives,

 

Homeowners in Florida's community associations suffer financially -- no doubt about it! Empty and foreclosed upon homes and condos force neighbors to make up for serious budget deficits.The financial institutions, who hold the mortgages to these homes and condo-units, have been asked to contribute their fair share to help with the financial disaster. But the Florida Banker Association has refused to offer any kind of compromise. Their attitude: We got what we wanted -- now you are all on your own!

  

They seem to forget that the only reason quite a few of them are not on the unemployment line is the stimulus package they received, making up for the many mistakes committed by our financial institutions in past years. Don't forget, the money for these stimulus packages came from taxpayers' money -- the same taxpayers who now suffer from the unwillingness of the bankers to contribute their fair share.

  

Please read my opinion about the whole issue at:

Something needs to happen -- real fast. Media reports all over Florida are praising H1397/S2302 and hope that our legislators find it in their heart to protect their constituents -- and not the members of the Florida Banker Association.

  

Here are some media reports from the last few days alone:

Financial relief for condo associations at: http://www.ccfj.net/LegSess09condorelief.html

CONDOMANIA GONE WRONG -- A paradise lost that can be regained, if Tallahassee acts now at: http://www.ccfj.net/LEGSESS09condomaniagonewrong.html

Lee County condos linger in limbo at: http://www.ccfj.net/LEGSESS09condosinlimbo.html

 

Everybody is convinced that Florida's community associations need H 1397 to "survive" -- when will our legislators realize the need to enact this bill?

   

Financial institutions have shown lots of bad judgment before -- just look around!

Since they seem to be unwilling to do the right thing legislators should make the decision for them -- no matter how much money bankers donated to their campaign funds!

   
Warm Regards,
Jan Bergemann, President
Cyber Citizens For Justice, Inc.
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 Florida ’s community associations. This bill should not be signed into law!

 

Thank you for listening to the concerns of many of Florida ’s homeowners!

 
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. It looks like House leadership is once again ignoring the plea of owners living in Florida 's homeowners' association for owner-friendly reforms. Latest after the hearings of the House Select Committee on Condominium and Homeowners' Association Governance everybody should know that there are huge problems.

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!
In short: We homeowners just can't afford any longer to let the service providers rip us off!

 

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. 

  
But some of the Republican "Legislative Leaders" are up for re-election in very vulnerable districts, who "by chance" have lots of constituents who live in associations. We will just target a few, which will make our efforts much more effective -- and possibly very successful! You have already seen the trend in the special elections since the last election! 

 

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 Europe you don't go to show support for candidates, you go to the rallies of the candidates you want defeated! I can assure you, we will have a field day -- and so will the media. 

 

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
  • Would be SELF FINANCED, no general tax money needed
  • Would have a budget of more than $10-million, sufficient to create the Cadillac among regulatory agencies.
  • Would solve a lot of problems for associations -- owners and board members alike.
  • Would stop many frivolous law suits from being filed -- ease financial burden on homeowners who pay -- WIN or LOSE!
  • Would decrease the burden (full dockets) on our lower courts, so decreasing their budget problems!
  • Would immediately create new jobs!
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 for Florida 's citizens?

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!
The bill contains something for all of us -- and all of it very owner-friendly. We asked for easier enforcement of the statutes, for accountability of the people in charge and easy access to information and education. The bill takes care of all these demands!
Please take a look at the whole bill at: http://www.ccfj.net/PB07HB1373.html

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!


As expected, Donna Berger from CALL had nothing faster to do than to declare that they will oppose the bill. What a surprise? They have since years done nothing else than trying to destroy any owner-friendly legislation with the help of some board members who obviously needed their protection. Their excuses for fighting owner-friendly bills are actually pathetic! Some of the folks who accompanied them last year to Tallahassee for Community Association Day will not be with them any more this year. Some were voted out of office by angry owners, others have better things to do -- like explaining where the money went! See: REVOLT IN THE GALT MILE GULAG?

 
If you're an owner, never forget: CALL (Community Association Leadership Lobby) and CAI (Community Associations Institute) are actually lobbying trade organizations that represent the interests of the service providers -- like attorneys and managers. They can never be on your side -- you being a board member or an owner. They are just interested in your money -- not your welfare!

 

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!

 
So, if you want a nice, neighborly community not riddled by litigation, please push this important bill that contains a lot of issues we owners have been asking for since many years!

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:

http://www.ccfj.net/CCFJASSBILLREADY.htm
 
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
Cyber Citizens For Justice, Inc.

For comments please send e-mail to : [email protected]