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it is no secret that the HOA Task Force
bill SB 2984 has been filed against the expressed opinion of the three
homeowners' representatives. We were as well not allowed to see our dissenting
opinion published with the official Final Report of the Task Force. Democracy
at work! Considering the money and time we spent participating in these
Task Force hearings common courtesy should have minimum called for this!
Even if we were totally outnumbered by industry stakeholders and attorneys!
But that was obviously the intended set-up of the Task Force from DAY ONE!
Your constituents are asking you to do
the right thing by immediately replacing this provision in the House companion
bill, which still needs to be filed. It obviously has to be filed as
a committee bill, since the actual deadline for bills is long past.
So, please do what's right for your constituents. You have the power to
help Florida's homeowners!
Thank you for listening to our concerns.
IN ALLIANCE WITH:
after hearing the testimony of hundreds
of concerned citizens and reading piles of letters both entities charged
with finding solutions regarding the growing problems in mandated properties
have published their recommendations.
As a member of the HOA Task Force I attended every meeting and received copies of the many, many letters from constituents. All these concerned citizens agreed on one issue: the necessity to create an oversight agency with enforcement power! Most of the recommendations of the Task Force are good if enforced by a government agency, but are detrimental to the welfare of the homeowners if these owners are left to fend for themselves. The Select Committee calls for the creation of an ombudsman's office, a proposal as well discussed at a Task Force meeting, but voted down by the industry representatives, like many other consumer-friendly proposals. It was very clear from Day One that consumer-protection was not on their list of priorities! From hearing all the testimony and reading all the letters it is very obvious that there will never be peace and harmony without the enforcement of a government agency -- called an OMBUDSMAN'S OFFICE! Florida's citizens are asking their legislators to take the necessary action. Common sense would demand to combine these two proposals, create the necessary ombudsman's office with enforcement power and start getting peace and harmony back in our communities! Only with an oversight agency as foundation we have the chance to create the much needed reforms. Many good ideas are there, but we need an ombudsman's office to enforce them. The often heard excuse against this ombudsman's office is null and void! We owners offer to pay the cost with an annual due of $4, an amount that would raise more than $20 million to finance this agency and even free money from the general tax fund! We ask our legislators to vote in favor of this ombudsman's office in order to protect more than 5 million Floridians living in mandated properties. Let COMMON SENSE prevail! Warm Regards
IN ALLIANCE WITH:
to be very honest with you, your statements as quoted in the Friday edition of the TCPalm.com have left me totally confused. While you claim that additional regulation of homeowners' association is needed, you had DBPR Deputy Secretary Julie Baker stating at every possible occasion that "the Governor is against regulation" during the HOA Task Force meetings. Without a strong government agency with enforcement power all attempted reforms are lip service and useless. NEVADA's legislators have finally realized it! QUOTES: "We need some reforms," Bush said. Bush referred to George Andres, a former Marine who has battled for three years to fly an American flag from a 12-foot flagpole. His association’s rules only allow flags flown from brackets attached to a house. "Such restrictions are ridiculous and should be outweighed by the flag’s patriotic message," Bush said. "It adds value to the neighborhood," Bush said. Please see full article at: http://www.ccfj.net/DBPRTFTCPalm.html We all know that this case was about the flag pole and the right to fly the flag in a respectful manner. Attorney General Charlie Crist and attorney Barry Silver will fight side by side in the 4th District Court of Appeals in West Palm Beach to avoid the foreclosure of George Andres' home. We all should have learned from this case and try to avoid these useless court battles in the future. Not so the industry members of the HOA Task Force. A motion of the homeowners' representatives to include the words flag pole and bracket was voted down in favor of the recommendation below. If enacted it means a homeowner can
fly six flags on certain holidays without having the right to use a flag
pole and/or bracket. What is he/she supposed to do? Nail the flags
to the garage door?
Warm Regards
IN ALLIANCE WITH: League of United Latin American Citizens (LULAC) Concerned Homeowners in Partnership (CHIP) Property Owners Association in the Villages (POA) Fair Housing Center of Palm Beach (FHCPB) Consumer Advocacy Network (CAN) Property Rights Florida (PRF) -------------------------------------------------------------------------------- Task Force Recommendation: 720.304 Right of owners to peaceably assemble; display of flag.-- (2) Any homeowner may display one portable, removable United States flag or current flag of the State of Florida, in a respectful manner, and on Armed Forces Day, Memorial Day, Flag Day, Independence Day, and Veterans Day may display in a respectful manner portable, removable official flags, not larger than 4 feet by 6 feet, that represent the United States Army, Navy, Air Force, Marine Corps, or Coast Guard, regardless of any declaration rules or requirements dealing with flags or decorations.
My opinion is posted at: http://www.ccfj.net/DBPRTFREP12804.html My summary of the proposal is posted at: http://www.ccfj.net/TFTallahasseefinpres.html As a package the proposal will only make the industry position stronger and owners even more citizens second class. It will put homeowners even more at a disadvantage than they already are now! If you look closely it's only lip service without any teeth! If seven pages of FS 720 can't be enforced and create loads of lawsuits, it doesn't take a very high IQ to figure out what 46 additional pages of unenforceable laws will do to consumers. We will ask all legislators not to sponsor this proposal since it will do more harm to Florida homeowners living in mandated properties. The Task Force definitely failed to harmonize relations. We homeowners just want to live in peace, protected against abuse from third parties. And since we don't have the finances to fight deep-pockets in court we need the government to step in. The government created these communities and the laws, so please see to it that the American Dream doesn't turn into a nightmare as it already has in many cases. The many concerned citizens who wrote lettes and testified at the meetings are definitely proof of that. Only one attorney claimed everything is great, everybody else talked about the nightmares in his/her association. Coincidence? We need three main issues enacted to protect our welfare:
We didn't buy into these communities to get involved in association politics and lawsuits. All we want is a peaceful home and a nice environment. Is that too much to ask for? Please help us in our quest to create positive reforms helping the consumer. Jan Bergemann
IN ALLIANCE WITH:
An excellent article was published today
in the Palm Beach Post. The article made it very clear were we stand and
who the homeowners opponents are.
And don't forget to read the latest from
Nature Watch HOA in Pinellas County.
Please take the time to write a letter
to the editor, especially if you are living in Palm Beach County and surrounding
area.
And it's interesting to see that the most
outspoken opponents are two lawyers, who are making a living out of fights
among homeowners? No wonder they don't want regulation!
Please write your opinion and let them
know how you feel!
Critics say plan to regulate homeowners groups lacking Editor,
And it is amazing how reasons can change. First it was Governor Bush, who was quoted as an excuse against a regulatory agency. He received piles of letters and complaints from homeowners. Now they use the Republican Party as an excuse! May be they figure it's harder to write to them? Anyway, the real reason for the industry being against regulation is very simple to explain: it's easier to bilk homeowners if there are no checks and balances. The article names two attorneys speaking out against regulation. William Sklar and Joe Adams -- both attorneys and both members of the Community Association Institute, a trade organization of service providers for homeowners' associations. These attorneys make a living by litigating lawsuits in associations. The more the better! Would you vote in favor of something that might reduce your income? Attorneys make a better living by pitting homeowner against homeowner. No doubt about it! Amending deed-restrictions wouldn't even pay for the telephone bill. About 75% of the complaints our organization receives on our WebPages at www.ccfj.net involve members of the CAI. Coincidence? I don't believe in these kind of coincidences. Remember the reception Gary Poliakoff, senior partner of the law firm of Becker & Poliakoff, received from more than 400 homeowners and condo owners during the hearings of the condo committee in Davie in October of last year? The booing was heard all over Florida. Don't forget when talking politics that State Representative Marco Rubio, House Majority Leader, is a member of this law firm? So is Joe Adams! We will see what happens during the next legislative session. Florida property owners still haven't given up hope that there are enough honest legislators in Florida who see the writing on the wall and are willing to stand up for the consumers and constituents. Or do we have to wait until November to
make our opinion known?
The meetings of the HOA Task Force are nearly over and it becomes more and more obvious that the task force will be totally ineffective and will create an even bigger gap between consumer and industry than we already had before. Homeowners will be left helpless without checks and balances in place. The homeowners' representatives laid their proposals on the table, for everybody to see. In our opinion we proposed feasible solutions, including funding without dipping into the regular tax funds. We are willing to pay for our own protection! But we do need the help of our elected officials! Whoever decided to create this task force with a 15-member panel, appointing 10 industry members, 2 government employees (as voting members), and only 3 homeowner representatives, must have in my opinion lacked total common sense or was from starters interested to stack the deck in favor of the industry. It was obvious from Day One that this panel will never be able to make feasible recommendations "to harmonize and improve relations between homeowners, homeowners’ associations and other related entities," as quoted in the mission statement. The three homeowners on the panel did what
they were asked to do. We attended the meetings, jumped through the political
hoops and made our proposals, only to be shot down every time by the industry
partisans and the two government employees, who permanently voted against
motions that would have helped to protect the homeowners. Instead of trying
to improve the disastrous conditions in homeowners' associations, the industry
members voted in favor of proposals that would create more unenforceable
statutes and will open homeowners in Florida to even more abuses. And will
further enrich attorneys -- 7 attorneys were on the task force panel -
and will create even more expensive lawsuits! Is that what you had in mind
when you created this task force?
Many homeowners all over the State of Florida
testified at the meetings. We heard a lot more unbelievable stories, and
piles of letters and e-mails were sent to the Governor, DBPR and task force
members, begging for help. Only to be totally ignored by the majority of
the task force members.
Once more, the money of the industry and the ineffectiveness of our elected officials have silenced the voices of the citizens and voters in Florida. I was personally very baffled by the fact that the government employees voted publicly against consumer protection, claiming that "the Governor is against regulation!" Governor Bush, if this is really the truth, we hereby ask you to personally declare your intentions. The citizens and voters of Florida have the right to know what is really on the minds of our elected officials, so we can make informed decisions at the upcoming November elections. We will ask our honest legislators to file
the necessary bills, which property owners in Florida need to see enacted
to protect their rights.
The movement of homeowners' activists is definitely gaining momentum. Even if the task force was ineffective, it created a great PR platform and we found many more interested citizens willing to take on the problems we are facing. More alliances were formed and it is obvious that this will not stop until feasible solutions are being enacted! And we will rely heavily on the Members of the House Select Committee on Condo Governance to come up with the right proposals to protect our rights! We consumers just need to know who is on
our side, so we can do the right thing at the polls in November. I can
assure you that many homeowners are wiling to ignore their regular party
affiliation and vote in favor of politicians who are eager to fight for
our consumer rights.
We are sick and tired to be treated as step children of our society! Warm Regards
IN ALLIANCE WITH:
The unjust foreclosures in Nature Watch
HOA in Pinellas County just have to stop! It just shouldn't happen in our
society that families are losing their homes and life-savings because they
live in the wrong association. 39 more foreclosure papers have just been
served! Without fault these families lose everything they have -- and then
some! So far nobody -- and I mean nobody - has come forward to their rescue.
They definitely need the help of our elected officials, since our judicial
system doesn't seem to work. And trying to shut these people up is not
making it right. If nothing is done for these families in need I really
don't understand the values of our society anymore. What happened to our
Homestead Exemption protection? We were told we signed our rights away
-- after the fact -- when buying into a homeowners' association and unpaid
dues could cost us our home. Now this gap has been enlarged to the point
that homeowners in associations have no protection at all any more. Some
inventive attorneys seem to be able to take away every right we homeowners
thought we had!
Please read my report about Monday's meeting
of the HOA Task Force in Tampa. It definitely was an eye-opener for many,
to say the least!
The owners in Grand Vista condos are preparing
the recall ballot to remove a board that has created obvious problems.
With the protection of law enforcement officers and the courageous personal
help of House Representative Robaina -- our sincere thanks -- it seems
that the worst is over and there will finally be peace in these condos.
Happy Holidays
for the third time the HOA Task Force discussed
the issues of SB 1632 -- Relating to County Governments -- during the latest
meeting last Monday in Tampa. And according to the vote taken in the end,
12 Task Force members agreed with the decision of the Governor to veto
the bill. In my opinion rightfully so!
After listening to all the testimony -- and co-chair Bill Sklar even tried to build bridges by asking targeted questions -- it became more and more clear that this was a bill that slipped through the cracks of the legislature and Governor Bush prevented with his veto bigger damage. My only explanation for this bill passing both Houses with unanimous votes of approval, is that legislators were given wrong explanations for the actual purpose and the intended use of the funds created by this bill. I honestly can't imagine a legislator voting in favor of a bill which creates funds to sue the neighbor? That is exactly what it boiled down to after listening to the testimony of the proponents. Hopefully that will now finally end the discussion and the legislature will not revisit this issue in the next session. Minimum we all know now the intended purpose of these funds. Asking the neighbor:" Please pay into the pot so we have ample funds to sue you!" But we all witnessed as well a very serious incident during this testimony. Task Force member Nina Vaznelis, an attorney and one of the strongest supporters of this in my opinion ill-advised bill, abused her position to ask questions in a manner that brought tears in the eyes of a public speaker, an opponent of the proposal, after delivering a polite and factual speech (copy see below!). Not only should Task Force members in my opinion encourage the public to speak up in order to collect opinions, but in this case the scenario is even worse. The speaker is in litigation with the association in question and Nina Vaznelis represents the association. Asking questions regarding the current lawsuit was definitely inappropriate. This conduct should definitely be investigated by the people in charge. We all know that bully-tactics and intimidation are common in many associations. But this kind of behavior definitely doesn't fit for a Task Force, created by our Governor with the intent "to harmonize and improve relations between homeowners, homeowners’ associations and other related entities." Happy Holidays
IN ALLIANCE WITH:
I live in The Oaks subdivision in Spring Hill, and I never heard of deed restrictions until I moved to Florida in 1995. There is a voluntary membership homeowners association in The Oaks. I am not a member nor will I ever become a member. On April 22, 1997, in Circuit Court of the Fifth Judicial Circuit In and For Hernando County, Florida, the Honorable Jack Springstead ruled neither the POA, the HOA, or any other association has the right to require property owners in The Oaks to become members of as association. Neither the POA, the HOA, or any other association has the right to require property owners in The Oaks to pay mandatory dues or assessments to an organization. Authorizing MSBU assistance to an insolvent Oaks HOA will circumvent Judge Springstead's order and will force me to pay dues whether I want to or not. I beg you not to revisit SB1632. Governor Bush had excellent, valid reasoning in his statement of why this bill was vetoed. The Oaks HOA is insolvent due to mismanagement and bully boy tactics. The vice president personally told me that approximately 50 lot owners were members of the HOA. 273 lot owners are eligible to become members of the HOA. Only 15% of eligible lot owners belong to the HOA. Something is very wrong with this picture; the tail is wagging the dog. The Oaks has no club house, tennis courts, RV parking; no amenities at all. There are no amenities to repair or upgrade in The Oaks. The Oaks wants MSBU monies to further harass and sue Oaks residents. Why should I pay a HOA to finance a lawsuit against myself!!! Why should anyone be made to put an insolvent HOA back on their financial feet!!! The only common sense answer to those rhetorical questions is NO to another form of SB1632 and NO to MSBU assistance for insolvent HOA's. Florida has adequate rules and regulations regarding HOA's, but none address enforcement of these laws. Homeowners need protection against power hungry HOA's. Hit these HOA's in their wallets; financial penalties is the only language HOA's understand. Thank you. Grace E. McMillan
The second meeting of the Florida HOA Task
Force took place last Friday in Miami.
From listening to all the testimony and presentations made so far, it seems obvious that only government regulation and enforcement with teeth can help the consumers -- and the industry. Even realtors now testified about the many problems they encounter in associations. We need to come to the point to discuss these problems and try to find solutions. The members of the HOUSE SELECT COMMITTEE ON CONDOMINIUM ASSOCIATION GOVERNANCE are hearing the same from condo owners. Ignoring the problems doesn't help anybody, not the consumer or the industry. Ugly headlines about a flawed product doesn't help the sales - obviously! It's time to sit together and talk seriously about solutions. If you're interested about my opinion of
the Task Force meeting, please read my article -- headlined:
I ended my presentation to the Task Force with the question to the industry - meaning homebuilders, developers and realtors: Will protecting a few attorneys -- the only winners in this power game -- be worth losing potential business? Please help to make this Task Force a success
by providing input and possible solutions. Between 5-7 million Floridians
are living in mandated properties. Please help to find feasible solutions
to protect their welfare!
Jan Bergemann
IN ALLIANCE WITH:
Open Letter - Regulating Homeowner Associations? Dear Governor Bush, with all due respect I honestly think it's time that you start speaking for yourself in regards to homeowners' associations. We heard from Julie Baker, DBPR, Vice Chair of the HOA Task Force, that "Governor Bush doesn't favor HOA regulation". Joe Adams, representing the CAI, was quoted in a newspaper article "Governor Bush wants less government and less regulation". And if I correctly understood through the telephone, Randy Lion, representing the Association of Florida Community Developers, stated that "neither the Governor nor the legislators are in favor of regulating homeowner associations". It was refreshing to hear from House Representative Julio Robaina, who addressed the Task Force on Friday in Miami, that there are still legislators willing to fight for the welfare of their constituents and are in favor of regulation and enforcement. He was quoted in an article: "We're hearing
complaints about everything from fraud in elections to no accountability
by boards to nepotism to criminals serving as managers to two and three
special assessments a year. There's no enforcement because the state doesn't
have any laws to get investigators out to properly investigate and get
state attorneys involved.''
We think it's time that you officially take a stand in this matter, not letting other people speak for you - or make statements on your behalf, especially not government employees or industry representatives. Estimated 5 - 7 million Floridians are
affected by issues of mandated properties. They deserve to know where the
Governor, whom they elected to protect their interests, stands on this
matter.
The few homeowners on the Task Force are hoping for an open mind. If the dice are rolled already, like it seems from the quotes above, then why having these meetings? We don't have an expense account to pay for travel and room and board like the industry representatives on the Task Force. Going down to Miami has cost me personally about $400+. I don't mind spending this money, if I have the feeling it might help the many problems home and condo-owners are facing in Florida. Otherwise I might have rather added this money to a fund we are collecting for a legally blind accountant, who lost his job and is now threatened with foreclosure for failing to pay $220 in association dues. In the meanwhile he owes $1700, with added attorney's fees. His home is supposed to be foreclosed on the courthouse steps in Volusia County in about three weeks! To rein in these abusive powers we need regulation, easy enforcement of the laws, accountability of the people in charge and regulation of the foreclosure powers of these associations, often used to intimidate helpless homeowners. Governor, please speak finally for yourself!
Florida home- and condo-owners should be able to hear from you directly.
Where do you really stand on this issue!
We really need to know so we can decide
who we can turn to in the future!
With Best Regards Jan Bergemann
IN ALLIANCE WITH:
Dear Secretary Diane Carr, I would again like to thank you for creating the DBPR Task Force. Please don't take my opinions as criticism, but as proposals for future improvements. I personally feel that having only may be three? consumer representatives (correct me if I'm wrong?) sitting on this Task Force is making it hard to get a good representation of all parties with a vested interest. And aren't we missing the FHA? According to estimates -- no accurate numbers are available -- more than 2 million Florida families live in homeowner associations. But we are appreciative of the fact that this is the first possibility for a public exchange of opinions and we approach it with an open mind! The reputation of homeowners' associations has suffered severely in the last few years due to ugly - but correct - headlines in the media and reports in TV magazines. The case of the Jupiter flag man George Andres has definitely not helped the cause. Thank you, Governor, for your personal support! I was personally very disturbed to see the majority of Task Force members voting against our proposal to include the words bracket/flag pole into FS 720.304 in order to avoid further fights about these issues, costing homeowners huge amounts of legal fees and possibly their homes! We feel that severe changes are necessary
and have made proposals to enact these changes.
Shouldn't the industry be interested in better ways to handle these serious issues? Developers in other states are already changing their advertising, posting great signs at the entrance of new communities "NO HOAs". That shows in my opinion clearly that there
is a consumer demand for changes!
I have posted my opinion about the first
Meeting of the Task Force on our WebPages at:
Thank you again for giving us this opportunity for an exchange of opinions and let's hope that common sense will prevail in the end! We consumers sure haven't given up hope! Warm regards
CC: Florida Legislators and many interested
parties
 Dear
friends,
We
took the opportunity to meet members of the Department of Business and
Professional Regulation (DBPR) Task Force on Homeowners' Associations at
their
initial 'organizational meeting' in Tallahassee on September 24, 2003.
These
are my personal impressions, albeit, not a 'blow by blow' description of
the events.
Although
public input was limited to three minutes, chairman William Sklar permitted
speakers to finish their remarks and comments about the agenda items. He
was very generous with the time allotted.
His
opening remarks were, on point, re the complicated mission of the task
force and he conducted the meeting with an enormous amount of patience
and respect of members and the general public. Actually, I think, Mr. Sklar
did a fabulous job
A
lively discussion ensued about the first item and our proposal to include
a flagpole in any future amendment of current law re dispay of the U.S.
Flag.
The
task force agree to recommend the inclusion of recently enacted CONDO provisions,
in Chapter 720, F.S. (HOAs), which permit the display of military flags
on certain days and the inclusion of the current Florida flag as one that
could be displayed at any time.
Regretably,
the members didn't grasp the meaning and intent of the right of an owner
to install a flagpole on property they own and I told them so when I was
called to speak about the second issue.
During
the discussion of, "Flags," member Rafael Penalver said, he was disappointment
that members weren't provided time to express their views about issues
they wanted the task force to consider before they began to discuss the
agenda items.
This,
he opined, would have been the closest to an organization meeting as he
envisioned, siding with our earlier remarks.
The
chair agreed to open the floor to all members before bringing the second
agenda item to the table for discussion.
It
was interesting to listen to each member express their views about why
they were appointed and views on particular issues.
I
sensed opposition to any meaningful reform of HOA laws and disclosure during
the sale of property in a deed restricted community. If you were there
you might have a different opinion.
The
chairman moved the discussion to the second agenda item, i.e., "Definition
of a HOA."
Another
lively discussion about different types, i.e., mandatory, voluntary, developer
controlled, elected, appointed and master HOAs ensued.
BTW,
during his opening remarks the chair indicated their were six items scheduled
for discussion at future meetings. He was asked about the other four items.
Chairman
Sklar stated they included, but were not limited to; recall of directors
(binding arbitration), alternative dispute resolution similar to CONDO
provisions, disclosure at time of sale and protection of purchasers.
During
the discussion, several members indicated they had a limited amount of
time to reach a consensus on pertinent issues related to HOA regulation,
full disclosure before contract for sale and homeowners' rights, etc.
We
had an opportunity to express our views about the second issue (see attached)
and I offered a proposal to the task force to consider adopting a Planned
Unit Development Advisory Council in its final recommendations.
The
purpose would be discussion of meaningful reform, on a continual basis,
after the task force has completed its mandate.
I
compared this new council to the CONDO advisory council and was reminded,
later, that it had been dissolved by Governor Jeb Bush for budget reasons.
The
chair was very interested in my proposal and brought it to the floor for
discussion.
I
must preface my remarks by informing you that attorney Joe Adams represents
the Community Association Institute (CAI) as a member of the task force.
While
I respect his knowledge and expertise in HOA matters I listened intently
while CAI and their legislative action committee, the Florida Legislative
Alliance, (FLA) was being promoted before and by task force members.
In
addition, co-chair Julie Baker mentioned that the CONDO advisory council
was disbanded because the Governor wanted to save money and the council
wasn't effective.
She
indicated, the Governor asked Secretary Carr to create the task force because
the legislature failed to do so during the 2003 session.
While
I didn't expect special consideration I was gratified when the Mr. Sklar
agree to allow me to rebut comments made by certain task force members.
First,
I suggested, there is a pertinent reason for creating a PUD advisory council.
It would be a long term extension, of the task force, intended to protect
the homeowners' rights.
While
we don't expect the council to have regulatory power it would provide an
opportunity to exercise our right to sit at the same table with the stakeholders
and industry partisans while reviewing future recommendations of meaningful
reform.
This
would diminish underhanded proposals and blind-sidding consumer activists.
I
informed the members that Julie Baker was partically correct, in that,
the reason our task force proposal didn't passed during the session was,
despite compromises with the Senate and stakeholders, a bill was passed
in the Senate that did not include our concerns.
As
a result, the last day of the session, we urged our House sponsor to pull
our bill from the floor, ergo, Governor Bush heard our pleas and agreed
to create this task force.
Finally,
I concluded that Cyber Citizens For Justice is a statewide organization
interested in representing homeowners' rights, unlike CAI which is a trade
organization with a vested interest in representing homeowners' association,
other trades and vendors conducting business with HOAs.
(as
you know, the Florida Legislative Alliance (FLA) is the legislative action
committee of CAI)
I
told the members, in past years I was a member of CAI, attended FLA meetings
and sought their support. None was forthcoming nor has it to this date.
Overall,
I think this was a good meeting.
I
was, especially pleased, to meet several of our members and the fact they
took time to travel to Tallahassee to testify and/or provide moral support
for those that did.
I
hope to meet more of you at the next meeting scheduled in Miami on October
17, 2003.
Agenda
items are: repeal of directors (binding arbitration) and alternative dispute
resolution (mediation/arbitration)
We
strongly urge interested members, friends, et. al., to attend this meeting
and provide input to the task force on these specific agenda items, in
person.
We
undestand you might not be able to do so. No problem! You can prepare your
presentation and you'll be able to send to the DBPR contact via e-mail.
Think
about this!
If
you don't participate the stakeholders and industry partisans will believe
you don't care. I know you do!
While
your preparing your remarks don't forget to visit our Web site, sign our
Guest Book and consider clicking on that every present JOIN button. Thanks
for your support.
The
best to you and yours,
Robert
E. Janauskas
Ocala,
FL
Marion
County (Area 3) contact:
Cyber
Citizens For Justice, Inc.
Concerned
Homeowners in Partnership (CHIP)
Property
Owners Association in the Villages (POA)
Fair
Housing Center in Palm Beach (FHCPB)
Consumer
Advocacy Network
Julie Baker, Deputy Secretary of the DBPR, is sending out e-mails containing the following information to people complaining about HOA problems (quote): "Governor Bush does recognize that homeowners' associations in Florida are facing a variety of difficult issues. As a result, he has asked Secretary Carr to create a task force to study homeowners' association matters." We have asked the governor multiple times to create a task force composed of members with a vested interest -- meaning industry and homeowners and unit- owners. However, our many requests have been to no avail. I wonder if this is genuine effort or just political baggage. In my opinion, DBPR is part of the problem, based upon its track record. DBPR is a bureaucracy, costing condo-owners approximately $8,000,000 per year. This money is paid from the pockets of the individual unit-owners, not from taxes! Yet what do unit-owners get in return for that money? VERY LITTLE! Will this initiative seek a comprehensive evaluation of the horror stories? Will unit-owners be permitted to have a say on this proposed task force? Or are we just looking to place a Band-Aid on a malady that requires extensive surgery? Or is it just another cloud of smoke? It is important to point out that Secretary Diane Carr worked for Hopping, Green & Sams, the lobbyist firm representing most of the building industry. And so far there has been no official statement from the Governor's office! It is also important to know that the DBPR refused in 1995 to take over the regulation of homeowners' associations. The same DBPR executed a contract with the Community Association Institute to provide condominium educational courses. CAI is the very same trade organization whose membership is mainly formed of attorneys, property managers and other service providers. CAI is the same organization lobbying in Tallahassee to kill any consumer-friendly legislation that might help the homeowner. Isn't this like showing us that "The fox is in charge of the hen-house"? Palm Beach Post (7-23-2003) :
Does anyone remember a case where a corrupt manager or board member has ever been arrested after clearly stealing money from the owners or violating the State laws? Or charged with these felonies? Why? What is wrong with this picture? Who are the people behind the scene protecting these individuals? With all due respect, are we living in the United States of America or in a Banana Republic? Recent cases of disappearing funds in a Hialeah condominium association or managers practicing UPL to the disadvantage of homeowners in Orlando (see: Why do we need an attorney? ) have not been prosecuted. Guilty parties are doing business as usual! For 20 years the industry had the big influence in regard to the legislation regulating mandated properties. We can read daily in the newspapers where this has gotten us! They created a complicated system, which is absolutely flawed. Wouldn't it be time now to let the parties with a definite vested interest make the proposals? For most property owners, buying a home is the biggest investment of their lives. These communities are called "Homeowners' Associations" and "Condominium-Owners' Associations." Shouldn't the OWNERS be the ones making the final decisions? There is a very good chance the OWNERS would be able to come up with suggestions that would eliminate the daily horror stories! For more information on these matters, please check the Web Pages of CCFJ, Inc. Humberto Sanchez
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