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Dear
Governor Charlie
Crist, Dear Lt. Governor Jeff Kottkamp, Dear Senators, Dear State
Representatives, Friends and Members,
State Representative Julio Robaina said it loud in a town hall meeting in Miami Beach last week: "We are talking about a crisis!"
Special interest groups are calling for banks and mortgage lenders to step up to the plate and pay faster and more. Definitely a good idea, but just another band-aid on the complicated issue of condo foreclosure and the financial problems in many associations caused by foreclosed upon units -- and empty units -- that don't pay. I guess we all agree that something needs to be done to protect the owners against unreasonable increases of dues that would lead to even more unpaid dues and foreclosures. Nothing
wrong with rewriting FS 718.116, but then let's do it right and
remove vague language and add some desperately needed consumer protection. We
need to use more common sense to deal with the crisis! Please see my opinion at: http://www.ccfj.net/CCFJTHMBFORECLCRISIS.htm It's
high time to protect the condo owners. We don't need more foreclosures and
homeless families. The places to sleep under the bridges in Florida are
already fully booked! Have a great weekend! 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
are only too often reading in the headlines of our newspapers something like: "$1 million condo account theft suspected."
Headlines
like this are getting more and more common. Two weeks ago a former condo
board member was sentenced to 20 years in jail for embezzling nearly
$1 million -- caught and convicted thanks to the new pilot program
organized by State Representative Julio Robaina.
But
laws and enforcement aside, these senior condo residents have to be aware that
associations are serious business -- and their money can disappear in a
heartbeat if they don't "watch the shop!"
Last
week another condo association in Port Charlotte got the sad news that their "funds
may be a $1 million short." But let's face it, many of the
senior owners ignored the warning signs and just hoped it wouldn't happen
to them. In a condo nearby, managed by the same company which was supposed to
watch these "missing" funds, a newly elected board member was
recalled "by ambush" because she asked the question if it wouldn't
be a conflict of interest if a board member works for this same management
company.
Please
read my take on the unfortunate situation at: http://www.ccfj.net/CCFJSENIORTRUSTFRAUD.htm
Our
elderly condo owners -- as much as they deserve to enjoy their retirement --
have to realize that living in an association is not just all potluck dinners
and bridge tournaments! It's serious business -- with lots of money at stake.
Scam
artists are everywhere -- especially here in Florida!
Warm Regards,
Jan Bergemann, President
Cyber Citizens For Justice, Inc.
Dear
Governor Charlie
Crist, Dear Lt. Governor Jeff Kottkamp, Dear Senators, Dear State
Representatives, Friends and Members,
In
the last few years we have seen many heated discussions arguing the often
asked question: Can a non-member (not deeded owner) of an association be elected to serve on the association’s board of directors?
The Division says everybody, who is not a convicted felon with his civil rights not restored, can serve on the board of directors. The Division claims that Florida statutes are silent in this matter. But Florida statutes clearly state that (quote): "Any unit owner desiring to be a candidate for board membership shall comply with subparagraph 3.” That clearly means that only unit-owners can serve -- and some very specific eligible persons -- not just everybody who feels like it. Since only unit owners can be candidates, other people can't be elected, since you can only vote for candidates -- right? That would mean that non unit owners can only serve on the board if appointed? That most definitely wasn't the legislative intent when this provision was added to the Condo Act. Please read the full discussion with specific examples at:
Isn't it disturbing that
the Division refuses to accept complaints from unit-owners about non-members
serving on the board claiming lack of jurisdiction, when we see the
arbitration section of the Division taking months to make rulings on the
legal standing of a trustee to serve on the board?
Florida's condo
population wants to know from the authorities:
Does
A Condo Board Member Have To Be A Deeded Owner?
That's a question that
finally needs to be settled -- without unit owners having to spend huge
amount of legal fees -- and getting no definite answer!
Warm Regards,
Jan Bergemann, President
Cyber Citizens For Justice, Inc. Dear Governor Charlie Crist, Dear Lt. Governor Jeff Kottkamp, Dear Legislators, Friends and Members,
As predicted last year, the so-called Condo Termination Bill (S314/H407) found its first victims. These poor folks are not only losing their homes, but as well a lot of their savings. Courtesy to the above bill. Please read the article published in the Tampa Tribune: http://www.ccfj.net/condotermination.html The same folks who pushed the bill are now claiming: "This is the flip side of the statute. I don't think this is what legislators intended." How pathetic!
Condo
owners and the media rallied against the bill, warned about the problems. CCFJ.
Inc. dubbed the bill: "THE EMINENT DOMAIN BILL FOR CONDOS!"
But who cares about what "stupid" consumers think -- or a few
reporters who just need some catchy headlines to earn their living, if
developers and specialized attorneys with their lobbyists want something. They
have a good reason to push this bill: GREED! Who cares if a few families are
thrown under the bus and lose their homes and life-savings! We consumers can't do more than making legislators aware of bills with serious problems. even wrote the Governor to please veto the bill: "Please Veto Condominium Association BWe ill S 314/H 407"
No response. The Governor signed the bill and the condo owners lose their homes. Believe me -- this is just the beginning. There are more places with similar problems. Our legislature should quickly remedy the situation, before more condo owners fall victim to this ill-advised bill. Leave it with natural disaster only. That's a good idea, everything else is just helping greed!
We
see the same this year: Attached to good pool safety provisions is a lengthy
HOA bill, ill-advised and badly written (H679/S 2504). It
has more flaws than a street dog fleas! Courtesy of the same folks
who pushed the Condo Termination Bill. H 679 confuses issues even
more. The bill contains not one of the recommendations of the HOUSE
SELECT COMMITTEE ON CONDOMINIUM & HOMEOWNERS ASSOCIATION GOVERNANCE. Why
did House leadership create the Committee if it doesn't want to hear its
recommendations? Chairman Julio Robaina, with the help of
committee members and input from all parties involved, created an excellent
Condo Bill (H995/S2084). It passed the House with a
vote of 110 : 0. Representative Julio Robaina has pledged to
work with the members of the Select Committee and all interested parties on a
comprehensive reform bill for HOAs for the next session. The newly
created Community Association Living
Study Council will give further input to this reform bill. State
representatives should use this excellent opportunity to finally create some
statutes acceptable to all parties. Don't pass some more bad provisions
this year! WHY
TRYING TO ALIENATE MORE
So don't pass another ill-advised bill that will hurt even more owners. Wait until next year and create some much needed HOA reform. Your constituents may thank you! BAD BILLS HURT GOOD PEOPLE. See the Condo Termination Bill!
Warm Regards, Dear Governor Charlie Crist, Dear Lt. Governor Jeff Kottkamp, Dear Legislators, Friends and Members,
Why does it seem to be so difficult to understand the word TRUST -- or TRUST FUND? In case you have a problem understanding the word, please go to the website of Merriam-Webster and you find the following explanation: "TRUST -- or much better TRUST FUNDS [property (as money or securities) settled or held in trust]"
A call to the Governor's
Office asking for an explanation was left unanswered. Actually, I would be as
well too ashamed trying to explain this clear breach of trust!
More
than 1,3 million condo owners in Florida have trusted our government when
paying $4 annually in the so-called CONDO TRUST FUND, expecting protection and
regulation. We all know that the Division of Florida Land Sales, Condominiums
and Mobile Homes totally fails the condo owners. We are actually getting ready
to sue the DIVISION for failure to do their job!
Even suggesting to raid this trust fund is a clear breach of trust! PERIOD! There is in my opinion absolutely no excuse!
Since
we obviously can't even trust our new Governor any more it might be a good
idea for all associations to stop paying the dues into the CONDO TRUST FUND
next year -- then we don't need to rely on the word TRUST. Sorry, but this
seems to be the only way to avoid the money being misappropriated! It just
shows that we can't even trust our own government and elected officials!
All
condo owners, whose money is being misappropriated, should send an e-mail to:
Governor
Crist: charlie.crist@myflorida.com
Lt. Governor Jeff Kottkamp: Jeff.Kottkamp@myflorida.com or call the Governor's Office at:
Citizen
Services Hotline: (850) 488-4441
Executive Office of the Governor Switchboard: (850) 488-7146
The
idea alone is embarrassing, even for FRAUD FRIENDLY FLORIDA!
Warm Regards,
Jan Bergemann, President
Cyber Citizens For Justice, Inc.
EMBARRASSING!
SOME
CONDOS STILL NOT REPAIRED -- TWO YEARS AFTER WILMA!
Dear Governor Charlie Crist, Dear Lt. Governor Jeff Kottkamp, Dear Legislators, Friends and Members,
Two years after Wilma quite
a lot of condo-owners are still not back in their homes.
It's just embarrassing!
This is Florida, not a country far from civilization where the banana leaves
didn't grow fast enough to cover the roofs. This is caused by
incompetence, fraud and greed! Nothing else! It has ruined the
welfare of many families! THIS HAS TO CHANGE!
State Representative Julio Robaina got an early (but well deserved!) promotion from
CBS 4 when he talked about his upcoming condo bill: Senator
Tries To Make Condo Boards Hurricane Ready
Please watch the video!
We need laws -- and strict enforcement of these laws -- to protect owners against
financial mismanagement, uncontrolled spending and even clear
embezzlement!
Please read as well an article (http://www.ccfj.
See as well some more articles:
Two years after Wilma, many are still without their condos
and Others are still struggling after
Wilma
Even if we can't retire hurricanes we can
protect the many retirees, homeowners and condo-owners in our state
who do need protection against financial mismanagement, uncontrolled spending
and even clear embezzlement!
It's about time!
For many owners there is a lot more at stake
than the relatively small savings that can be achieved through property
tax and property insurance reforms.
Warm Regards,
Jan Bergemann, President
Cyber Citizens For Justice, Inc. Condo association president arrested Dear Governor Charlie Crist, Dear Lt. Governor Jeff Kottkamp, Dear Legislators, Friends and Members,
What will it take before our legislators finally realize that owners living in mandatory associations really need protection against the "bad guys?" Opportunity makes thieves -- and the opportunity is there with lots of unprotected association funds.
Today the
SCAM Pilot Program, initiated by State Representative Julio Robaina, could
report another success story: A former board president of the Villa Grande
Condominium in Miami was arrested for grand theft after an investigation found
he stole $50,000 of board association fees. See article at: http://www.ccfj.net/SCAMarrestMiami824-07.htm
But why
only a pilot program that covers certain counties? The owners in the BOCA
RIO TOWNHOME ASSOCIATION, INC. in Palm Beach County are still
hoping that the office of Palm Beach County State Attorney Barry E.
Krischer is finally doing something to go after their former president who --
according to records -- embezzled about $650,000 from their association funds.
If your association bank statement (credit card) looks like this: http://www.ccfj.net/BOCARIOBANK.htm something
is obviously wrong. The question: Why is Barry Krischer willing to ignore
such blatant case of embezzlement? Because Palm Beach County is not part of
the Pilot Program? Or is it because we live in "FRAUD FRIENDLY
FLORIDA"?
We
owners have to thank State Representative Julio Robaina, whose
dedicated work is pushing for better laws and stricter enforcement to stop the
financial mismanagement, uncontrolled spending and even clear embezzlement in
our associations. It is high time to hold the guilty parties
accountable!
When will
the rest of our legislators finally realize that Florida's owners need
protection against these scumbags
Let's stop
believing the fairy tales published by the CAI (Community Associations
Institute) -- the trade organization of the association service providers --
that just a few owners are unhappy and disgruntled!
Since it seems that our legislators were so far unable to do something about our property insurance and property taxes, it might be a lot easier to stop the waste of money in our associations that we really can't afford any longer!
Have a great weekend! Warm Regards, Jan
Bergemann, President Dear Governor Charlie Crist, Dear Lt. Governor Jeff Kottkamp, Dear Legislators, Friends and Members,
Owners living in associations have to realize that stupidity and/or personal agendas of board members can be very costly - and that their homes are collateral for any kind of financial obligations caused by such actions.
A lawsuit alleging violations of the Federal Fair Housing Act and the Florida Fair Housing Act was finally settled by a Consent Decree and Settlement Agreement -- but only after estimated $2-million have been "wasted".
Please read the whole story at: http://www.ccfj.net/condoKeyColony.html And it looks like it all started because some board members don't like kids! In this case the board members were actually named as defendants! This case is not only an eye-opener, but as well very educational -- a warning to owners not to let their boards unsupervised.
State Representative Julio Robaina said it best: "This is another classic example of why the laws of the State of Florida need to be reviewed and changed. Additionally, it is evident that we must educate all homeowners on their rights and encourage them to get involved and have oversight over the actions of their board of administration."
This sad example is not only a warning to owners to watch their wallets -- pickpockets are everywhere -- but should as well serve notice to legislators that legislative reforms are needed to protect the owners against these kind of costly shenanigans. Florida's legislators have tried to reduce our property insurance premiums and property taxes -- so far with little success -- but here our money goes by the truckload -- and there are solutions to fix these "leaks" -- and only a few of our elected official seem to care? Wouldn't that be worth some thoughts to help owners under siege in Florida?
Warm Regards, Jan
Bergemann, President
Dear
Governor Charlie
Crist, Dear Lt. Governor Jeff Kottkamp, Dear Legislators,
Friends and Members,
When
are we finally getting smart and stop the practice of professions
investigating and policing themselves? In this case it's the police conducting
an investigation -- using it to cover up obvious misconduct of an officer who
in my opinion and that of many others who watched the video clearly
overstepped his authority. Just listen to the testimony of the owners -- and
the lame excuses of the police spokes person -- and you really wonder if the
police wants to be taken seriously? See and listen: http://www.ccfj.net/condobusttalkshow.htm
Don't
forget, this is the same county where our legislature had to bail
out the police at the tune of $5-million (tax-payers' money!) to
right the wrong. And money often can't compensate for the damage that has been
done!
Owners
tried to hold a peaceful assembly as guaranteed by Florida Statutes. They
wanted to recall their board according to the statutes in order to be
able to fire CAM McDonald. McDonald called on his "buddies" from the
police department to avoid getting fired. The result: A CONDO
BUST that stopped the meeting (and him being fired!), got
two owners injured and one arrested! Great day of work for a licensed
CAM.
The "explanations" of Major Humphreys plainly contradict PHYSICS 101. The person who was arrested for battery on the CAM manager Ray McDonald -- a former Georgia police officer -- needed to move forward in order to initiate contact to commit battery. But the folks standing behind him fell to the floor and got injured? THE VIDEO [CLEARLY?] SHOWS RAY MCDONALD MOVING FORWARD TOWARDS THE DOOR, INSTIGATING THE CONTACT!
I still think that it happened exactly like we see it on the video: CAM McDonald and Officer Nichols forced their way -- LIKE STORM TROOPERS -- into the room and the ladies standing inside the room were injured by Steven Bell being pushed against them! Period! Anything else would contradict PHYSICS 101!
It is obvious that the Police Department, City Manager Richard Jackson, and the City Council missed a great opportunity to appease the owners by having a "real" investigation -- not just a cover-up. Some apologies might have gone a long way to make amends. I don't think there is even an argument that something went definitely wrong. Too many questions were left unanswered -- including "What was the police officer doing in a private building?" and "Who called the police at what time for assistance?" and "When did the police really arrive?" and "What was the legal reason for the police officer to interfere in the peaceful assembly of owners?"
All of these questions and more will now be answered in a civil suit paid by taxpayers' money! But who cares? Plenty of money available -- they just need to raise the property taxes!
Warm Regards,
Jan Bergemann, President
Cyber Citizens For Justice, Inc.
Dear
Governor Charlie
Crist, Dear Lt. Governor Jeff Kottkamp, Dear Legislators,
Friends and Members,
As you all know too well we have been
asking law enforcement to follow up on complaints about criminal activity in
condominiums and homeowners' associations since many years. Lately the start
of a pilot program "How To Catch a Thief" sure was a great start
-- thanks to the help of the office of the Miami/Dade State Attorney and the
FDLE.
But the Panama City Beach
incident sure isn't what we wanted: An overeager police officer busting
the peaceful assembly of law-abiding owners. This police officer had no
business to interfere in association business. The
big question that doesn't have a legal answer: What was Officer Nichols
doing inside the building in the first place? His challenge: "I'm
not allowed in here, AM I? You're gonna stop ME?" shows
clearly where he is coming from. Add: "You stand in my way,
you're going to jail too!" shows that he obviously didn't
realize that he was on these owners private property! Who called the police
and demanded police interference? Was there any reason to suspect criminal
activity? May be somebody should have told him that this was a peaceful
owners' meeting -- not a drug bust! (See video)
Just watch the video clips and read the
quotes: http://www.ccfj.net/TVCondobustopinion.html
There is in my opinion no doubt that the
police officer caused the whole incident that left two citizens injured and
one "falsely" arrested.
And then ask what reasons the police
department may have to justify the actions of Officer Nichols -- or the
refusal of Lt. Jeffrey
Heath to take the statements of the injured parties trying to file a
complaint: The only report that would be written would be
by officer Nichols!
Citizens have been promised an
investigation of this incident. But if the results of this
investigation -- as already suspected -- will not satisfy the injured
parties, these folks will have to file a law suit for violation of civil
rights etc. Latest then the truth will come out!
The abuse of owners in mandated properties just has to stop! These incidents just prove: "You're leaving the American Zone" when moving into these associations.
Jan Bergemann, President
Cyber Citizens For Justice, Inc. Dear Governor Charlie Crist, Dear Lt. Governor Jeff Kottkamp, Dear Legislators, Dear Secretary Holly Benson, Friends and Members,
I guess everybody watched in the meanwhile the video showing a CAM manager using local police to bust a peaceful owners' only meeting in Panama City! If not, it's worthwhile watching! The
CAM Ray McDonald uses "stupid" excuses to justify this inexcusable
incident. The local police had absolutely no reason to interfere -- and
Officer Donald Nichols clearly overstepped his "assumed" power.
Whatever he says, he had absolutely no reason to bully his way into the
meeting room. Hopefully a full investigation of the FDLE will show that police
officers violated civil rights and used force to make their point! In my
opinion: They had no business to be there -- and I just hope that the
folks injured will sue the living daylights out of the department. And guilty
are not only the officers that forced their way into a peaceful owners'
meeting, but as well the superiors trying to cover up their misdeeds!
Since legislators obviously are deaf to the pleas of their constituents, may be an editorial from a newspaper will get their attention!
Just read the editorial below and read this sentence (quote): "Then there's the bigger picture to address. With condo construction booming around the state, legislators should examine whether Florida law strikes the proper balance between the rights of homeowners and association directors."
Warm Regards, Jan Bergemann,
President GOOD IDEA? Should Co-owners Serve Together On Condo Boards? Dear Governor Charlie Crist, Dear Lt. Governor Jeff Kottkamp, Dear Legislators, Friends and Members,
The Pro and Con of a
couple serving on the same association board together has been discussed since
many years. Various condo bills trying to solve this issue went nowhere -- due
to the opposition of the specialized attorneys! Condo-owners need safe-guards
to protect them against financial shenanigans. So far the Florida
legislature has failed to enact any kind of real protection!
A recent court ruling has
brought this issue up again. Here we saw legal fees wasted on an issue that
should have long been solved by the legislature. The wording for a bill to
stop this problem -- one of many -- was included in the condo bill sponsored
by Representative Rene Garcia in 2006 (H 1227). It would have
stopped the permanent fights about this issue! Trying to ignore a problem sure
doesn't solve it!
Here is my take on the issue.
Hopefully the growing
problems in our mandatory association will as well convince the legislators,
who are still listening to the specialized attorneys instead of their
constituents, that safe-guards are needed. The financial waste in our
communities is outrageous!
As one of our members
voiced it in an article in the Miami Herald on Sunday headlined: When
it comes to condo maintenance, pay now or pay later ( http://www.ccfj.net/condopaynowlater.html )
"No matter how many laws are on the books to protect condo owners, the
state can't protect you against your own stupidity!" Oh, so true!
But good laws help to do the right thing! He needed to use
the method of recalling the board to finally stop the financial bleeding in
his community! Recall should be the last resort -- but -- as sad as it
sounds -- it's in the moment the only provision in the statutes that helps
owners stop the financial mismanagement, uncontrolled spending and even clear
embezzlement!
What does it take
for Florida's legislators to finally take action to protect their
constituents?
Warm Regards,
Jan Bergemann, President
Cyber Citizens For Justice, Inc. Dear Governor Charlie Crist, Dear Lt. Governor Jeff Kottkamp, Dear Legislators, Friends and Members,
We
always hear from so-called umbrella organizations that claim to represent the
owners living in associations within their district. Last year, at the
annual Dog
and Pony Show of CALL, the lobbying arm of the law firm of
Becker&Poliakoff, we saw a big group from the GALT MILE
COMMUNITY ASSOCIATION in Tallahassee. Looking into the problems in
the condos where these folks are board members, it's easy to understand why
these folks are against any owner-friendly legislation -- and especially
against legislation that would create accountability of board members. Or
may be some of these folks plainly can't afford to see legislation enacted
that holds the people in charge accountable?
Read the examples from
the different associations and you know exactly why these board members
are fighting owner-friendly bills.
Owners are waking up
and want to know the truth about many of the issues these board members
don't want them to know. They are going so far as advising the guards not
to let copies of a local newspaper enter the buildings. THE
TRUTH MUST REALLY HURT!
That's the method
Communist Russia used to prevent the truth from becoming public
knowledge!
One simple question
to our legislators:
Are
these the kind of people you want to support in the upcoming session?
Warm Regards,
Jan Bergemann, President
Cyber Citizens For Justice, Inc. Dear Governor Charlie Crist, Dear Lt. Governor Jeff Kottkamp, Dear Secretary Holly Benson, Dear Legislators, Friends and Members,
the owners of the SUNSET VILLAS PHASE III CONDOMINIUM ASSOCIATION, INC., in Miami, FL are the latest victims of a dysfunctional DBPR arbitration section. This is another story that is unbelievable and shows that some of the DBPR employees are unable to do the job they are being paid for. Read my opinion about this case -- another "stellar performance" of arbitrator James Earl -- and come to your own conclusion. http://www.ccfj.net/condoarbSunsetVillas.html
It's obvious that certain
employees of the DBPR don't care about the legislative intent of the statutes
-- or the fact that these recall provisions were created to avoid lengthy and
costly court procedures. May be the person making the ruling should be a CPA
(or somebody who can count?) instead of an arbitrator who thinks his calling
is being a Supreme Court judge dealing with difficult decisions?
The system is easy: Take the number of units, compare petitions with association roster and count the number of valid petitions signed by deeded owners. If the number of valid petitions reaches 50% + 1 -- you have a winner! Otherwise tell the Owners for Recall they didn't meet their goal. Either decision gets the case moving. Sitting on it until it collects dust doesn't! Discard all the stupid excuses used to distract from the real facts -- like owner didn't know what he/she was signing, owner had voting rights removed because of non-payment of fines or other excuses some inventive board members and lawyers come up with. It's a numbers' game -- and that is what is was supposed to be -- not a tricky litigation issue. And a default is a default -- that's just it. If the board doesn't file for recall arbitration or refuses to hold a mandatory recall meeting as required by statutes -- even if the attorney claims the recall is frivolous (See: http://www.ccfj.net/condorecallmess.html ) -- that's called a default -- nothing else -- and the end of any argument!
If an arbitrator still hasn't made a ruling after more than 5 month and gives board and service providers the opportunity to pull an illegal election out of their magic hat -- violating every Florida statute in the book -- then it's high time to have an investigation started -- especially into the "involvement" of the two service providers -- ALL FLORIDA MANAGEMENT and the law firm of FEIN & MELONI PA -- who seem to attract these "cases"!
But, nevertheless, the
arbitrator should have made his ruling long ago -- no excuses here!
The trust of Florida's
condo-owners into the DBPR has fallen below ZERO. And it is up to the new
Secretary Holly Benson to re-establish this trust and make the DBPR
again what it was intended to be: An agency protecting Florida's citizens!
It's a difficult job -- but it can be done!
Florida's citizens just
can't afford more arbitration rulings like this -- it's just disgusting!
Warm Regards,
Jan Bergemann, President
Cyber Citizens For Justice, Inc. Dear Legislators, Friends and Members,
the subject line sounds innocent enough -- and doesn't even touch all the many problems this case is causing for the owners of the SUNSET VILLAS PHASE III CONDOMINIUM ASSOCIATION, INC. in Miami.
As a member of the HOA
Task Force created by Governor Bush in 2003 I listened to the presentations
regarding the provisions for recall of the board of directors. It was the
legislative intent to create an easy, fast and inexpensive way to
recall a board, avoiding the lengthy, expensive court battles
that raged before this provision was added to FS 718 and FS 720.
That was, before
the arbitration section of the DBPR got involved. It seems to me that
the DBPR has a serious problem following legislative intent. It seems
they rather create their own rules -- if legislators are making it too easy?
These provisions call for a fast, effective decision to help unit-owners to
take away the reins from a board that is non-responsive to their wishes! But
if it takes four, five and even six month to come up with fairly easy
decisions the intent of the legislation is being killed by
bureaucracy.
In this case the owners
served the board with a recall petition on June 16, 2006 -- more
than six (6) month ago! But already before the board was served with
the recall petition owners helping to prepare the recall were served with law
suits by the law firm of Fein and Meloni in Plantation. Both,
the law firm of FEIN and MELONI in Plantation and
"Smart"
maneuvering of management and law firm made the arbitration last six month --
so far -- allowing the management company to claim that an election took
place that put the old board back in power, asking the arbitrator to declare
the recall arbitration case moot! It was an election that would have made any
Banana Republic proud! And, adding insult to injury -- together
with other law suits filed against condo-owners -- the arbitrator
actually is asking the Owners For Recall in an ORDER
TO SHOW CAUSE to name reasons why the arbitration shouldn't be considered
moot? PLEASE???
As
usual in Fraud Friendly Florida it seems that following the law and procedures
prescribed in the statutes is punishable by defeat and heavy financial losses!
This
is another example of the DBPR failing to do its timely duty! When will the
top executives realize that their unwillingness to do their job as
intended by the legislature is costing owners huge amounts of money?
In
a recent case, handled by the same arbitrator, it took 171 days to
come up with a ruling, despite the fact that the board didn't respond
to the petition as required by Florida statutes. Attorney Steven Mezer
from the law firm of Bush Ross,
P.A.
Or did I get it
all wrong -- and the DBPR was actually created to protect the financial
interests of the "professionals" against the interests of the
citizens?
In case you are interested -- there are lots of documents available that show how easy it is to manipulate an arbitrator and to sue owners in order to intimidate them.
But, let's just
face it! This is just another example how legislative intent -- trying to
protect the citizens of Florida -- is being killed by incompetent bureaucracy.
MORE
FRAUD FRIENDLY FLORIDA?
Somebody among our elected
officials needs to take charge and give the owners under siege a Christmas
present they rightfully deserve: A decision that allows them to take control
of their homes and let them make the decisions how they want to live!
We owners have
rights -- and we pay taxes to have our government protect our rights! Where is our
government when we need it?
Happy Holidays!
Warm Regards,
Jan Bergemann, President
Cyber Citizens For Justice, Inc.
Dear Governor
Jeb Bush, Dear Secretary Simone
Marstiller, Dear Legislators, Friends and Members,
Just another case of expensive
frustration for condo-owners? It took the DBPR 171 days to
come up with a ruling for a simple recall arbitration. And to add insult to
injury, the ruling was obviously leaked ahead of time to the recalled board.
Result: They quickly called a board meeting on their last day in office
and signed a 3-year contract with a management company -- with outrageous
conditions and a very expensive escape clause. May be we should ask
the DBPR to pay for the contract? A contract so outrageous the former
board members knew the new board would have never signed such a contract!
Please read the whole
story and the documents at: http://www.ccfj.net/condorecallmess.html
The LAKE PLACE CONDOMINIUM
ASSOCIATION, INC.
Even if the good guys
finally won the day -- their recall petition was filed according to Florida
law -- it's another example of frustration and cost nobody really deserves.
When will we finally see the people punished who are clearly causing
these problems -- the attorneys! I was always under the -- obviously
wrong? -- impression that the attorneys work for the benefit of the
association, not for the personal agenda of a few board members, even if they
sign their checks! Or is that all that counts?
Warm Regards,
Jan Bergemann, President
Cyber Citizens For Justice, Inc.
Dear Governor
Jeb Bush, Dear Secretary Simone
Marstiller, Dear Legislators, Friends and Members,
The DBPR
published another good study, this time about SB 1556, the condo elimination
bill rightfully vetoed by Governor Jeb Bush, dubbed the "EMINENT
DOMAIN BILL" for condos. Please see study and comments at: http://www.ccfj.net/DBPRReportcommSB1556.html
Representative Dudley Goodlette's
bill HB 543 was
well-intentioned and would have taken care of the actual problem: Termination
after natural disaster. Sorry, but Senator Geller should have known
better when he -- according to his words: "... used what the Florida
Bar Association and what their lobbyist, Peter Dunbar, gave me."
Legislators should more often listen to their constituents instead of
special interest, who often enough have only their financial interest in
mind.
The
testimony of many condo-owners showed clearly that we have to protect
peoples' homes against hostile takeovers. Laws should cater to the need of
families, not the greed of special interests!
We can argue
these issues until doomsday -- without results. As long as we don't have
laws enacted that protect the rights of the owners, we will see arguments
like this coming up. Our homes have to be safe!
We need a
comprehensive bill to protect owners' rights. Especially retirees on a fixed
income and low-income families don't have the finances to fight for their
rights.
All these
problems should be addressed during the next legislative session. The AARP
gave us a workable tool, a model statute called "BILL of RIGHTS
for HOMEOWNERS in ASSOCIATIONS". For details please look at: http://www.ccfj.net/HOAnatAARPbill.htm
Homeowners
and condo-owners need protection against abuses. This bill proposal is a
good start! Let's work on it!
Warm Regards,
Jan Bergemann, President
Cyber Citizens For Justice, Inc. Dear Governor Jeb Bush, Dear Secretary Simone Marstiller, Dear Legislators, Friends and Members,
since years we are asking for ways to hold association board members accountable for their deeds. We all can still remember the story of the Miami condo where board members obviously embezzled $360,000 and the DBPR fined the association -- meaning the unit-owners who complained -- in the amount of $55,000. These stories come along more and more often, because there is absolutely no enforcement. Board members, with the help of their attorneys, are avoiding to show the financial records, making it difficult to prove wrongdoing. A budget item ($100,000), creating a pilot program to teach detectives how to find the scam artists in these association, was vetoed -- for whatever dubious reasons! As long as there is no accountability of the people in charge, we will see these kind of headlines. We always hear the sob-stories about the "poor volunteers" serving for the welfare of the community. Good volunteers don't create these headlines and don't have to be afraid if the bad apples are being punished! And what about the victims -- the members of these associations? They are suffering from the total lack of enforcement and accountability!
HERE GOES THE
INSURANCE SETTLEMENT:
A chunk of the insurance
money meant for repairs to a hurricane-damaged Ponce Inlet condo complex
instead went into the pocket of the association's president, town police
investigators said Thursday.
Kathleen Blackman went from her pleasant
beachfront home at the Ponce Inlet Villas Condominium to the bleak walls
of the Volusia County Branch Jail on Wednesday after she was charged with
grand theft.
Town Investigator Max Binz said she stole
more than $80,000 from the condominium association's insurance settlement
fund received for condo damages after the hurricanes of 2004.
See the whole article at: http://www.ccfj.net/condopresstealmoney.html
WELCOME TO FRAUD FRIENDLY FLORIDA!
Warm Regards,
Jan Bergemann, President
Cyber Citizens For Justice, Inc.
Dear Governor Jeb Bush,
Dear Legislators, Friends and Members,
The owners of the
CARIBAY CONDOMINIUM ASSOCIATION, INC. in Clearwater not only have to deal
with a big increase of the property insurance premium, they as well have to
pay about $100,000 for legal fees wasted by the board in a frivolous
lawsuit. Or wouldn't you consider a lawsuit frivolous, if the judge rendered
a DIRECTED VERDICT without listening to the attorneys for
the defendant?
See comments, court
documents and transcript at: http://www.ccfj.net/courtrulCaribay.html
The condo association
attorney, James
DeFurio, clearly failed to convince the judge that an owner violated the
governing documents by replacing a window that is (judge's quote)
"not observable"?
We
see more and more of these useless lawsuits that -- no matter the outcome --
cost outrageous amounts of owners' money -- without making any common sense!
Board members have to learn that there are lawsuits with merit -- that help
the community -- and many without merit -- that just makes attorneys richer!
Boards have to realize that attorneys always get paid -- Win or Lose!
Why
filing a lawsuit that makes no sense whatsoever? Just to make an attorney
rich?
In this case the owner won -- rightfully so -- but we see many cases where this kind of lawsuit eats up family's savings -- and more!
We
need safeguards that stop frivolous lawsuits before they escalate. Why do
you think the specialized attorneys wanted to remove the provisions for
mandatory mediation from FS 720 (See House Bill 391)?
To
protect the welfare of the homeowners -- or just their income?
Have
a great weekend!
Warm Regards,
Jan Bergemann, President
Cyber Citizens For Justice, Inc.
Dear Governor
Jeb Bush, Dear Secretary Simone
Marstiller, Dear Legislators, Friends and Members,
Mission
accomplished -- Ombudsman Dr. Rizzo canned, public testimony ignored and
legislative intent destroyed!
That's about the short summary for what The Powers That Be on the Condo Advisory Council accomplished -- and what specialized attorneys had in mind when they decided to join the Advisory Council. Don't ever forget: History repeats itself! We saw nearly the same pattern when the first Condo Advisory Council disappeared into nowhere in the early 1990's!
See my whole
opinion at: http://www.ccfj.net/condoadvcouncil10.html
Ever since January 2006 the Council hasn't published any more meeting minutes, despite having met three times for "public" meetings. Why should the condo owners, who pay for these meetings, know what's being discussed?
Three appointments to the Council have to be made before Governor Jeb Bush, the Speaker of the House Allan Bense, and Senate President Tom Lee leave office!
What sort of legacy will they leave for condo-owners? Will we see them allow more of the same nonsense we've seen during the last two years? TIME WILL TELL -- VERY SOON!
Warm
Regards,
Jan Bergemann, President
Cyber Citizens For Justice, Inc.
Dear Governor,
Florida Legislators, Friends and Members,
since liens and
foreclosures are no longer allowed to enforce "fines", condo board
members seem to try different tactics to enforce "their" rules. In
Port St. Lucie a board member pulled a gun to force owners to obey by the pool
rules.
See: St.
Lucie West man faces charges for pulling gun in pool dispute at:
http://www.ccfj.net/HOAFLgun.html
He was arrested by the
police. Comment by the "communication manager of the association:
"He has been asked to resign!"
Former ombudsman Dr. Rizzo
was chastised by Donna Berger, executive director of CALL, for daring to ask
legislators to include a provision in the Condo Act that would have made it
illegal for directors to abuse owners.
I guess some
specialized attorneys consider it a given right for board members to abuse
owners?
And, according to today's
Miami Herald, a Condo
board is under review for misuse of funds, see: http://www.ccfj.net/condomisusefunds.html
I already reported this
clear violation of FL statutes in my article CONDO
BOARD DONATES $10,000 TO OUTSIDE GROUP! on May 24. At that
time the DBPR wrote another "warning letter", now they are
"contemplating" a fine of $5,000 against the
"association"! This adds insult to injury! Because
the owners, who complained about the misuse of funds, will be the ones who
will pay the fine!
When will we
finally see that the people responsible will be held accountable?
Board members in associations are threatening owners, telling them that they will have to pay the fine if they are blowing the whistle about the board violating the statutes and misusing the association funds!
Is that
the kind of JUSTICE our Florida government officials stand for?
Warm Regards,
Jan Bergemann, President
Cyber Citizens For Justice, Inc.
Dear Governor
Jeb Bush, Dear Legislators, Friends and Members,
Nothing wrong with welcoming the new Condo Ombuds(wo)man Danille Carroll and wishing her all the best. I did that in person when she visited me in my home last week. We had a very pleasant conversation and we hope that -- despite many reservations from condo-owners -- we can all work together helping Florida's condo-owners under siege! But as soon as Donna Berger is back from vacation she tries her old ways of twisting the truth. In an e-mail sent to the members of her CALL e-mail list she actually claims (quote): "which is exactly what was intended when CALL helped create the position two years ago."
As soon as Dr. Rizzo was appointed by Governor Bush Donna Berger and members of the law firm of Becker&Poliakoff made fun of him and tried to discredit him and his office -- and the legislators who supported the bill.
Now she claims that they helped to create this office?
In Arizona the legislature passed a bill that creates hearings in front of an administrative judge for HOA complaints -- no lengthy litigation, savings owners lots of money and outrageous attorney bills! Trying to get the Governor to veto the bill: The CAI attorneys! It seems legislators in other states are finally realizing that owners in associations are abused as cash cows for attorneys! Owners need peaceful communities, not litigation! CALL and the CAI will oppose anything that would help to create enforceability of the laws and accountability of the people in charge.
They can't even sort out their own business. As you all know Donna Berger always claims that CALL means COMMUNITY ASSOCIATION LEADERSHIP LOBBY , see their letterheads etc. Actually, according to the listing of the Division of Corporation, there is no such thing, so they shouldn't be able to do business under this name. But this name is an easier sell to blue-eyed board members, whose money CALL wants to do business.
Actually, this lobbying group of Becker &Poliakoff is incorporated as COMMUNITY ASSOCIATION LEGISLATIVE LOBBY, INC. No mistake, because the Articles of Incorporation clearly say so. But board members are definitely more impressed if it says LEADERSHIP lobby. Makes them feel like they belong, instead of realizing that they are just contributing to the lobbying efforts of service providers, mainly specialized attorneys and managers!
I
always get a good laugh when I see people charging money to keep other
peoples' affairs in order, but can't even take care of their own business. No
wonder condo-owners all over the nation have so many problems!
Warm Regards,
Jan Bergemann, President
Cyber Citizens For Justice, Inc.
Dear Governor
Jeb Bush, Dear Secretary Simone
Marstiller, Dear Legislators, Friends and Members,
the board
election of the PLAYA DEL MAR
ASSOCIATION, INC.
The
election monitors are still waiting for their payment. According to
office staff the check was cut timely, but attorney Rubinstein advised
staff not to mail it!
Interested
condo-owners, members of the Playa Del Mar Association, organized a town
hall meeting with Ombudsman Dr. Virgil Rizzo as speaker for Thursday,
April 27, 2006, at 7:00 P.M., in order to
discuss rights and duties of
condo-owners. They arranged for the meeting room and distributed the flyer
throughout the condominium, only to have board president Edward A. Napolitano
tell security to go around the building and remove all flyers, which were
distributed according to the association's guidelines.
This
president shouldn't even be serving on the board, since the
bylaws of this condominium clearly state that only recorded owners can serve
on the board. But the sitting board is
obviously willing to spend association dues for attorney fees to defend this
clear violation. See letter
written by attorney Rubinstein.
Public records show that Edward Napolitano is not an owner - period! People really start wondering why some seem so eager to defend his board position, considering the efforts some other board members and the attorney are making to cover up for him. His wife Lynda Napolitano is the only recorded owner of the condo-unit! But Lynda Napolitano is as well working in the construction loan department of the City National Bank, where the association took out a line-of-credit for $3million last November. All budget /operating accounts -- over $2 million a year -- where moved to that bank as well -- with no public board approval.
The latest news from the Playa Del Mar front: Board member Lucille Fannin doesn't want Ombudsman Dr. Virgil Rizzo at the town hall meeting, because "he is a trouble maker and wants to unionize condo associations"! Board members with that little knowledge of facts are the reason why so many associations are in trouble. These are the same board members who fight term limits, because they love to extend their rein forever!
The board in
Playa Del Mar just decided to charge the organizers of the town hall meeting
$1 a chair! They always come up with something new -- and they don't need a
board meeting to make these decisions. These people are strong supporters of
CALL -- I really don't wonder why! No consideration for the rights of owners!
Sometimes these
condominiums are like a kindergarten -- minimum some people act that way. But
this is only possible because the Division of Florida Land
Sales, Condominiums and Mobile Homes is doing nothing -- as usual. Decisions
regarding filed complaints should have long been made. It could have stopped
all these shenanigans and the further waste of unit-owners money. Sometimes I
get the feeling that the executives of the Division think that problems go
away if they keep silent long enough! Actually -- the problems grow!
Warm Regards,
Jan Bergemann, President
Cyber Citizens For Justice, Inc. Dear Governor Jeb Bush, Dear Secretary Simone Marstiller, Dear Legislators, Friends and Members,
having opposite opinions regarding legislative reforms is one thing. Getting ridiculous is another! I consider CALL's latest moves, Donna Berger's lawsuit against the DBPR and the Office of the Condo Ombudsman for not "timely" producing records just a cover up for all the problems we have seen recently all over Florida created |
