 |
|
|
|
|
Dear
Governor Charlie Crist, Dear Lt. Governor Jeff Kottkamp, Dear Senators,
For
many years homeowners’ activists have claimed that there is a lot of crime in
our associations. Don't forget: Lots of money, very little protection.
For many years owners have claimed that elections are rigged, frivolous
lawsuits are filed and lots of money is being scammed. Now, finally, after many
years of complaints, the FBI has served lots of search warrants to attorneys,
management companies and homeowners’ associations in Please read: FEDERAL CONSPIRACY PROBE: Legislator alleges HOA snake oil at: http://www.ccfj.net/HOANVHOACONSPIRACY.html
And if you want to hear more details, please listen to "On The Commons" at: http://www.ccfj.net/OTCSMSNV101208.html Guest
is Senator Mike Schneider from And
he tells the story of his fight against special interest -- called Community
Association Institute. According to Senator Mike Schneider, all the firms
investigated by the FBI are CAI members. He tells the story of this trade
organization using its influence in the legislature to seat its members on
Committees and Councils supposed to create owner-friendly laws and regulating
the associations. He tells about the CAI chartering planes to fly naďve board
members to the Capitol to fight good bills. It's easy, because the attorneys are
telling these board members that their way of living is endangered if this or
that bill passes -- or doesn't pass. Outfitted with a t-shirt saying
"Save Our Homes," they roam the hallways of the Capitol letting
everybody know that this bill is "really bad" and the sponsor sure is
a bad guy! And as you well know -- it often works. See: ANNUAL
DOG AND PONY SHOW
at: http://www.ccfj.net/CALLdogponyshow.htm Haven't
we seen it all in In
And
he hopes that all legislators around the nation will learn from this case of
corruption in
Maybe
our legislators here in
Warm Regards, Jan
Bergemann, President
Dear
Friends and Homeowners,
Condo
Bill H 995
sponsored
by Representative Julio Robaina and Senator Alex Villalobos was definitely a
great success. Cooperation among the parties with a vested interest created a
bill that had the consensus
and praise of most all parties involved. Every newspaper reported favorably
about the bill -- with favorable
comments from owners, service providers and attorneys!
The bill was the result of TEAMWORK!
We are trying to achieve the same result
with a much needed Homeowners' Association Reform bill that is being
prepared for the next session. In order to find out what people really want,
CCFJ, Inc. has created this interactive survey to give everybody the
opportunity to let us know what their priorities are.
We are interested to learn what people
really want -- not what others claim they want. It will help to get
all the information needed to put together a big HOA REFORM BILL for the
next legislative session. Please take the five minutes to fill out this
survey -- you can do it directly on the website and just submit. Real
easy!
Orlando Channel 6 (CBS) just
showed a news report (Problemsolvers) headlined: HOA
Complaints Include Mailbox Waxing, No For-Sale Signs with quite a
few comments from me talking about HOAs and CCFJ. You can read the report
and watch the video at: http://www.ccfj.net/TVCH6HOAcomplaints.html The
reporter Mike Holfeld was surprised about the huge response he got from
the viewers and is going to follow up with more reports! More
proof how much reform of FS 720 is really needed.
It is an issue that effects many Florida
citizens -- and their lives and financial welfare. This
survey is the beginning of a campaign for much needed homeowners' association
reform. Thank
you for helping by filling out this survey!
Warm
Regards,
Jan Bergemann, President
Cyber Citizens For Justice, Inc. Dear Governor Charlie Crist, Dear Lt. Governor Jeff Kottkamp, Dear Senators and State Representatives,
Our legislators are trying to stop the foreclosure problem, even giving financial help to avoid families getting thrown out of their homes. But again they forgot about the homeowners living in Florida's homeowners' associations.
Our legislators in their infinite wisdom even passed H 679 -- a HOA bill that will even increase the cost for homeowners and associations and will create even more foreclosures. Hopefully Governor Charlie Crist will see through the smokescreen and will VETO THIS BILL -- a bill that is detrimental for homeowners.
The foreclosure disaster in associations has even increased. Attorneys are pushing boards to beat banks and mortgage companies "to the punch" and to foreclose for small amounts of unpaid dues. Please read here an article of the Tampa Tribune, where special interest attorneys are trying to justify this financially bad decision: Neighbors Kick Family Out Of Home The only winners are the attorneys. Families lose their homes and associations get stuck with homes they never wanted and even create more liability without the chance to ever recover the money. Numbers from associations show that filing liens and foreclosures is like throwing good money after bad! One association, for example, spent in 2007 more than $38,000 in legal fees for liens and foreclosures, but only recovered $23,000. A DEFICIT OF $15,000, not even counting the loss of dues during that period! Families lost their homes, associations lost their money -- but the bank accounts of the attorneys are loving it!
In a time where association budgets are down the drain and associations have to seriously increase their dues in order to pay their bills this makes the situation even worse! Boards have finally to understand that attorneys pushing for liens and foreclosures for small amounts of unpaid dues have only one thing in mind: PERSONAL FINANCIAL GAIN! PERIOD!
It's plainly bad business, drags associations even deeper into the financial hole -- and plainly makes no sense. It sure isn't selective enforcement if a HOA doesn't pay legal fees to foreclose on a home that has absolute no commercial value, because it's run down and mortgaged to the hilt. It just turns into another financial liability for the association members! THIS IS NOT ONLY BAD BUSINESS, IT'S PLAINLY PATHETIC!
Newspapers and TV News are
full of these stories, it happens daily! In a time of financial struggle for
many families, homeowners' associations show their true ugly face: Instead of
protecting property values, as buyers were promised, these associations create
an additional financial burden on families and create even more foreclosures
-- and cause more families to lose their homes, because association dues
increase rapidly since many homes are no longer pay their dues for various
reasons!
The real problem are not the small amounts of unpaid
dues, it's the outrageous high lawyers' fees!
Making families
lose their homes over small amounts of unpaid dues -- Is that what our
society stands for?
Warm
Regards,
Jan Bergemann, President
Cyber Citizens For Justice, Inc.
"Foreclosures
force homeowners associations to skimp"
APRIL
17, 2008
Dear Governor Charlie
Crist, Dear Lt. Governor Jeff Kottkamp, Dear Legislators, Friends and
Members,
the
article "Foreclosures
force homeowners associations to skimp" is just one of many
articles and warning signs proving that our associations are under
economic siege. But the people quoted in the article, attorneys and community
association managers, don't feel that pinch. They are prospering more than
ever. Cutting back on cost
for legal bills and management services leaves more money for maintenance,
money desperately needed to keep our associations working.
The
House leadership sent out 9 (nine) of their members to listen to
Florida's owners: The House Select Committee on Condominium and
Homeowners' Association Governance (SEE
REPORT). They came back with good recommendations, but were
ignored by House leadership. Instead House leadership decided to push an
ill-advised HOA bill (H 679), more or less the opposite to the
recommendations of the House Select Committee. This bill -- among many other
serious flaws) will create even more confusion in HOA elections and
allows sitting board members to send violation letters, now empowered with
renewed lien and foreclosure threat, to opposing candidates, forcing them to
withdraw their candidacy if they want to keep their homes! Rep. Ambler's Home
Court Advantage "dream"? Doomed to failure before it even starts! It
will do nothing to reduce legal fees -- mark my words!
ONLY
IN TALLAHASSEE!
5
members of the House Safety
& Security Council -- from both parties -- voted
against H 679: FOR VERY GOOD REASONS!
Other
members voiced serious concerns, but voted YEA as a "courtesy"!
If
the legislature doesn't plan on doing damage control to help Florida's
homeowners under siege, don't pass an ill-advised bill that does even more
damage! Stop HOA plans for this year and let's work on a HOA bill for next
year -- one that will help the homeowners and not the service providers! Your
constituents may thank you in November! I can assure you with the
problems homeowners facing in their associations combined with our
bad economy this will be a serious election issue. Homeowners are getting
desperate!
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 AARP agrees, so do newspapers and TV stations: Homeowners' associations are out of control!
The
AARP published the BILL
of RIGHTS for HOMEOWNERS in ASSOCIATIONS as a sample model
statute, asking legislators in the whole nation to adopt this proposal to
protect the owners in these associations! TV
stations and newspapers are more and more often reporting about problems in
homeowners' associations. The
general complaint: The lack of a regulatory agency where owners can go for
information, get help with questions and create a way to settle disputes without
expensive litigation.
Please watch a Special Report from Channel 8 (Tampa) dealing with problems in homeowners' associations and discussing the need for reforms of FS 720. Please go here to watch: http://www.ccfj.net/TVCH8HOAoutofcontrol.html
Members of CCFJ, Inc. -- a consumer alliance representing the interests of owners living in different kinds of associations -- are working on the draft for a bill for next year's session that will use existing Florida statutes and the AARP sample model statute to create a consumer-friendly statute that will finally protect the rights of homeowners.
Please take a look at the draft so far: http://www.ccfjedu.net/HOABILL2008.html
We
are still working on the correct wording for FS 720.311 -- especially the
mediation provisions. I guess everybody has realized in the meanwhile that we
were all lead down the wrong path with that revision this spring -- called
PRESUIT MEDIATION OFFER! See October Senate report (Interim
Project Summary 2008-148)! For more info please contact
me directly!
We
can already see that our legislature will never be able to roll back
the clock and create serious reductions for property insurance and
property taxes. That means we need bills enacted that will finally stop
the financial mismanagement, uncontrolled spending and even clear embezzlement
in our associations! Otherwise many owners just can't afford to live in
Florida any longer!
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,
We owners sure have
enough problems in our associations without dealing with unprofessional
professionals. One of the few provisions that really work in our statutes are
the recall provisions for board members. With the help of a recently much
improving arbitration section of the DBPR it's a valuable weapon against
abusive boards, managers and attorneys -- a solution without creating
huge litigation expenses.
But while a homeowners'
representative is supposed to fill out a "QUALIFIED REPRESENTATIVE APPLICATION",
it's obvious that it is assumed that a certified attorney knows what he is
doing. Not so! We have seen attorneys filing
"weird" documents, clearly indicating that they have never read the
statutes or the DBPR guidelines regarding recalls.
It
gets even worse if the attorney files motion over motion, showing that he has
never even tried to figure out how these arbitration filings should be
handled, especially if it's the husband of one of the board members
targeted for recall. Then it's plain ridiculous!
In
this case it's attorney Daniel A. Nicholas
from the well-known law firm of Broad & Cassel.
Please
read the "very interesting" recall arbitration story -- with lots of
documents -- of the Drayton Place Owners' Association in Jacksonville.
I'm
sorry, but it's just unbelievable what is happening here. Isn't it sad
if an attorney is filing a motion to disqualify a homeowners' representative
for not being competent, if his own filings show that he is not even familiar
with recall proceedings? Adding character assassination to the motion and
accusing the owner of having "conflicting self serving motive behind his
actions" can only be considered funny if you know that this attorney is
the husband of one of the recalled board members. Talking "CONFLICT
OF INTEREST?"
As
a final attempt to derail the recall effort of the owners, he quickly called
for a new election, an election that should have taken place month ago, trying
to have this recall declared moot!
When
will we finally get proper election regulations enacted in FS 720? Shouldn't homeowners
living in mandatory associations have the right to rely on enforceable
election provisions? What will it take to convince our legislators
that enforceable statutes are needed for homeowners' associations?
Warm Regards,
Jan Bergemann, President
Cyber Citizens For Justice, Inc.
Dear Friends and Members,
Recalling the Board has
turned out to be the best weapon against dictatorial boards and bad service
providers.
We have said it over and
over again and have proven it all along: It's the least expensive way to
create the necessary changes in your community!
See: RECALL THE BOARD at: http://www.ccfj.net/CCFJRECALL.htm
It has been well known for
a long time that there are no attorney's fees granted in board recall
arbitrations -- neither in condo nor in HOAs. But we see it being tried over
and over again, despite a long history of Motions For Attorney's Fees In
Recall Arbitrations being denied. I can understand if attorneys, who are
normally not involved in HOA issues, try this. But if well-known specialized
attorneys try it, I can only see two reasons: They didn't do their homework or
they needed some more billable hours. In both cases the owners pay for the
incompetence of the attorney.
Here is the case where
Becker&Poliakoff attorney Lisa Magill tried the impossible:
http://www.ccfj.net/HOAFLImagination.html
Posted as well is the
original ruling that established that the condo rules used to deny attorney's
fees in recall arbitration cases are as well valid for recall arbitration in
homeowners' associations.:
PLANTER'S WALK HOMEOWNERS'
ASSOCIATION, INC. v. Homeowners Voting For Recall
http://www.ccfj.net/ArbrecallPlantersWalk.pdf This arbitration ruling should as well stop the shenanigans of board members threatened with a recall. We see more and more of these board members who walk behind owners as they collect recall petitions. Then the board members visit the owners who just signed these petitions. They show bogus pre-written affidavits stating that the recalls were signed under wrong pretenses and are hereby rescinded. Especially many elderly homeowners have been threatened with fines or the threat of huge legal fees being caused by recall petitions, which then would have to be paid by the owners who signed the petition. LET'S MAKE ONE THING VERY CLEAR: HOMEOWNERS SIGNING RECALL PETITIONS WILL NOT BE LIABLE FOR ANY LEGAL AND/OR ATTORNEY'S FEES -- AS LONG AS THEY DON'T HIRE THEIR OWN ATTORNEY TO REPRESENT THE HOMEOWNERS THAT VOTE FOR RECALL!
Warm Regards,
Jan Bergemann, President
Cyber Citizens For Justice, Inc.
ELECTIONS
IN HOMEOWNERS' ASSOCIATIONS --
WHAT A JOKE!
Dear
Governor Charlie
Crist, Dear Lt. Governor Jeff Kottkamp, Dear Legislators,
Friends and Members,
We have said it often enough -- and nobody seems to be willing to listen. ELECTIONS
IN Total
lack of enforceable provisions leaves victory to anybody who is willing to
cheat and/or bully the neighbors! And as the headline of an investigative article in the Miami Herald said: The well-written article spells it out correctly: Homeowners’ associations have few places to go Actually, the election provisions in FS 720 are so vague that even arbitrators can't make sense of them. Since you all know about the election problems in condo associations -- FS 718 has precise election provisions -- you can possibly imagine the problems we are seeing in unregulated homeowners’ associations without any oversight!
The funniest part of the article in my
opinion was Gary Poliakoff being quoted as saying that "many
problems could be avoided if associations let their attorneys oversee the
process to ensure it's done according to the community's bylaws and state
law."
I wouldn't trust these "specialized"
attorneys with a dime -- much less with a fair election. We have
seen enough examples where attorneys tried everything to keep the sitting
board in power! Don't forget: The
sitting board signed their retainer agreement -- and a new board
would most likely kick them out. These attorneys sure have a financial
interest to keep the old board in power -- even if it means stopping
officially appointed election monitors to avoid a fair election! Remember?
The most ridiculous sentence in the Florida Statutes supposedly regulating homeowners' associations can be found in FS 720.302(2) The Legislature recognizes that it is not in the best interest of homeowners' associations or the individual association members thereof to create or impose a bureau or other agency of state government to regulate the affairs of homeowners' associations. I have never seen a more unrealistic evaluation of a problem that concerns millions of citizens. In order to agree with this sentence you have to have either a financial interest in making money from associations being unregulated or you must be wearing blinders unwilling to face the many problems. Don't forget: Most of the legal mumbo-jumbo in FS 720 is unenforceable and can easily be ignored by the people in charge! They know that Joe and Jane Homeowner don't have $50,000+ to spend on legal fees on a lawsuit with a dubious outcome! And they just can't afford to pay the special assessments levied by a board that has dictatorial powers!
WHEN
WILL OUR ELECTED OFFICIALS IN But since it's real life and the welfare of many families is at stake it isn't funny at all! Just think about it! Have a great Fourth of July! Warm Regards,
Jan Bergemann, President
Cyber Citizens For Justice, Inc.
PLAN
B -- HOW TO STOP THE FINANCIAL BLEEDING IN OUR ASSOCIATIONS?
WE
JUST HAVE TO HELP OURSELVES!
Dear
Governor Charlie
Crist, Dear Lt. Governor Jeff Kottkamp, Dear Legislators,
Friends and Members,
Since our Florida
legislature is obviously unwilling to create the necessary laws to protect
homeowners in HOAs regulated by FS 720 it is time that we homeowners start
helping ourselves. It may not always be
pretty, but it serves a purpose! The
recent legislative session gave service providers everything -- and homeowners
and condo owners nothing! Just adding more legal mumbo-jumbo to more or
less unenforceable provisions for homeowners' associations. Condo-owners even
have to deal with the possibility of eminent domain, created by S 314.
Now developers have the great possibility to throw out condo-owners -- greed
will prevail! Do you all think that this will help our failing economy? Or
will encourage more retirees to risk their life-savings to move to Florida? Or
stop the steady stream of folks who have had it with this state and move out?
And
since published numbers already indicate that the promised savings (?)
from property insurance and property tax reform don't amount to too much, we
need to find ways to stop the financial bleeding in our communities! Financial
mismanagement, uncontrolled spending, kickbacks and even clear
embezzlement add even more burden to our already overburdened finances. Much
of this waste is avoidable.
We
just have to take initiative and protect ourselves.
Here
is my idea of how we homeowners can help ourselves and stop the financial
bleeding in our associations:
It's a shame that is has to come that far, but since our
legislators clearly failed us we have to take our fate into our own hands -- until the
ballot initiative in January and elections in November of
2008! Then we voters will have a
say!
Warm Regards,
Jan Bergemann, President
Cyber Citizens For Justice, Inc.
Dear Governor Charlie Crist, Dear Lt. Governor Jeff Kottkamp, Dear Legislators, Friends and Members,
Since
it's obvious that the legislature again failed to help Florida's homeowners
and condo-owners living in mandatory associations it's time that we
owners help ourselves. Community association bill S 902/H433
is just another bill that makes service providers happy and owners poorer! It
just adds more pages to the anyway unenforceable homeowners' association
statute (FS 720), that only helps owners if they have plenty of
money to burn!
That leaves us with the
only option left by Florida statutes -- the only really functioning
provision in FS 718 and FS 720: RECALL THE BOARD! Don't get
me wrong, there are many good board members out there, but there are as many
who take their directions from attorneys and managers. They have to go -- and
with them these service providers who only have their profits in mind!
Recalls are a plain
numbers' game -- and easy to achieve. Don't rely on fair elections! The
election provisions in FS 720 are plainly ridiculous -- Banana Republics have
fairer election provisions. And Florida's legislators refused to pass a bill
that would have tried to create reasonable election rules this past session! Recall
works like a charm if you follow the guidelines to the dot! It's the
fastest and least expensive way to create necessary changes in your community!
We will have everything
ready to roll next week to help owners in their quest to regain control of
their communities. Helping with recalls is allowed by Florida statutes -- no
UPL. WE WILL REVEAL PLAN B NEXT WEEK!
The recipe is
simple: Either your board is willing to take the necessary steps --
or you have to use the recall provisions to install a board that is working
for you -- the owners. The amounts of owners' money wasted in
associations caused by financial mismanagement, uncontrolled spending,
kickbacks and even clear embezzlement is unbelievable. Much of
this waste is avoidable. And -- as we have seen -- is often protected by
the service providers that have taken control of our communities. And
since our counties are fighting reductions of property tax -- we have to stop
the double taxation caused by association dues and property taxes.
Owners have tried long
enough to convince Florida's legislators to create enforceable statutes that
protect our rights, finances and welfare.
TO NO AVAIL!
If nobody wants to
help us owners we need to help ourselves! It may not always be pretty but it
serves a purpose!
The common threat is no longer working in Florida: There are no more property values to protect! Actually, your chances to sell property outside of mandatory associations have gone up!
Who wants to live
in a gated community if attorneys can proclaim that you signed your
constitutional rights away at the gate?
So, going public
and exposing the problems in your community is not lowering your property
values! They are already down the drain!
It's
time to fight back!
Warm Regards,
Jan Bergemann, President
Cyber Citizens For Justice, Inc. Dear Governor Jeb Bush, Dear Legislators, Friends and Members,
This was the meat of a law suit filed against Ronald Dietz, president of the ISLAND CLUB AT CORKSCREW WOODLANDS HOMEOWNERS' ASSOCIATION, INC. in Estero: "THE DEFENDANT RONALD DIETZ, WITH EVIL MOTIVE AND ACTUAL MALICE INTENDED TO CAUSE PLAINTIFF EMOTIONAL DISTRESS, AND TO FALSELY DEPICT PLAINTIFF TO BE A THIEF, AND A MAN LACKING GOOD MORAL CHARACTER."
And that was the final ruling of the
judge: "Ronald Dietz is indebted to Plaintiff Alan Schleifer
in the sum of $5255.00."
In between: A desperate attempt of
the board to indemnify Ronald Dietz, a note in the association newsletter distorting
the facts and a violation of a written settlement agreement.
Please read the whole story with
documents at: http://www.ccfj.net/HOAFLDietzSCC.html
It may be worthwhile mentioning
that this is one of the boards CALL (The lobbying group of Becker &
Poliakoff) represents.
Maybe this verdict will teach some board members that they are not untouchable -- and that being board president doesn't give them carte blanche to insult their neighbors or call them names, just because they don't agree with their opinions! In order to explain the attitude of this board president here a quote from a recent board meeting: "I'm the CEO and this association is not a democratic organization!"
And then people wonder why
there are so many problems in Florida's associations!
Warm
Regards,
Jan Bergemann, President
Cyber Citizens For Justice, Inc. Dear Governor Jeb Bush, Dear Legislators, Friends and Members,
after listening to so-called "HOA specialists" a HOA board filed a law suit against a neighbor, claiming that the lettering on his Hummer was violating the deed-restrictions. Oh, my ....! The Turtle Creek Homeowners' Association in Orlando, home to so-called HOA specialists like Paul Wean (Wean & Malchow P.A.) and Sue Carpenter, (COMMUNITY MANAGEMENT PROFESSIONALS, INC.) registered agent and community manager, suffered a crushing defeat in court -- to the tune of $57,111.50 -- not counting their own legal fees. I always wonder how so-called experts can talk board members into risking their community's money by filing lawsuits such as this. It's a lose-lose situation for starters, because even a favorable judgment wouldn't really serve the community. Who actually believes that suing a neighbor for parking a Hummer with company insignia in the driveway will raise the property values? I guess this board has a lot of explaining to do when neighbors are asking: "WHY?"
Owners are supposed to pay maintenance dues according to the governing documents! Maintenance dues are supposed to maintain the common grounds and beautify the community, not buying attorneys a new Mercedes by having them file useless law suits! When will this stop?
See Article and court
rulings at: http://www.ccfj.net/HOAFLTurtleCreeklawsuit.html
Warm Regards,
Jan Bergemann, President
Cyber Citizens For Justice, Inc. Dear Governor Jeb Bush, Dear Legislators, Friends and Members,
while our homeowners' association boards continue to ignore basic human needs by referencing their "holy" deed-restrictions, our legislature doesn't even consider to give the homeowners caught in this system a fair and honest election system that would help to elect boards really empowered by the membership. Just read this article: http://www.ccfj.net/HOAFLfamevict.html and start wondering where our society is going! This family's home burned to the ground and they lost nearly everything. They found somebody to rent them a 3-bedroom home -- obviously much to the dismay of the board of the HOA. For whatever reasons? Too many kids -- or wrong skin color? No matter what -- it's just sad that this can happen in our society! May be we shouldn't send our troops abroad to clean up other nations' mess, but should start with the cleaning in our own country! If you feel you need a laugh after reading this sad story, please go to: http://www.ccfj.net/HOAFLCCspoofWestchase.html and watch the video from Comedy Central!
Even comedians have realized that the system of Florida's homeowners' associations is a joke -- at the expense of the homeowners! Watch this spoof about the Support-Our-Troops sign flap in the Westchase Community Association in Tampa, Fl. It shows what the "right to fine without due process" created for homeowners' associations can do to the sanity of people -- and the people trying to protect "holy" property values with ridiculous decisions!
Have a great evening!
Warm Regards,
Jan Bergemann, President
Cyber Citizens For Justice, Inc. Dear
Governor, Dear Legislators, Friends and Members,
Homeowners in a homeowners' association finally had it with their board. After lengthy court battles, the board ignored court rulings, they finally filed suit in federal court under the RICO ACT. Please read the whole story at: http://www.ccfj.net/HOAVARICO.html RICO stands for: Racketeer-Influenced and Corrupt Organization
We see the regular story unfold: Year long court battles, frivolous law suits and board members with a personal agenda and their attorneys unwilling to obey by the ruling of the courts. Same old story we hear permanently here in Florida as well. The pattern is always the same! And since many of our Florida legislators, unlike legislators in other states, still haven't gotten the message that their constituents are under siege, it may be a good idea for us homeowners to put our resources together, pick out some of the most obnoxious board members and their attorneys and file some law suits in federal court. You can be sure that O&E insurance policy for boards will decline coverage for these kind of law suits, because in these cases intent comes into play! May be these boards and their attorneys will take rulings from a federal court more serious? We homeowners living in associations have rights as well -- we didn't sign them away at the gate as these attorneys always try to tell us! Just
think about -- it may be some way out of all the problems we are facing?
Warm Regards, Jan
Bergemann, President
Dear Governor
Jeb Bush, Dear Secretary Simone
Marstiller, Dear Legislators, Friends and Members,
Another recall arbitration case -- this
time well handled by Susan Wilkinson-Harnden, the DBPR HOA Chief arbitrator
-- where the owners paid dearly for recalling a board that seemingly
mismanaged lots of their money.
See the very good ruling at: http://www.ccfj.net/ArbFLrecallSandpointe.html
This was another case where owners tried to
stop a run-away board that is suspected of mishandling funds. But it was a
well-connected board -- more about that later -- that didn't want to be
recalled -- may be for certain reasons -- and used all the association's
financial resources to avoid being ousted. Despite a wide majority of owners
supporting the recall, the former board even hired a certified forensic
document examiner to prove that petitions were pre-marked by hand or
otherwise completed by someone other than the individual casting the vote.
Pre-marked an issue? Only for Karl
Scheuerman, the DBPR Chief Arbitrator. We all sign daily pre-marked
contracts, and nobody is challenging the validity of all these contracts.
Signed your contract to purchase your home at a title company? Then you know
what I'm talking about. Even the fact that you received the
deed-restrictions was pre-marked! But it always seems the DBPR is
making its own rules! When will these people understand that they are
paid with our money?
We owners need laws with teeth that
protect our welfare. Why are we owners supposed to spend our
hard-earned money to fight for our rights after being forced into these
mandatory associations? Forced? Yes, nothing else is really available!
But instead of laws with teeth we see a
really bad house bill HB 391 (Rep. Domino) and a well-intended, but
badly amended house bill HB 839 (Rep. Kottkamp) making their way through the
House with absolutely no consideration to the welfare of the owners. All
these bills, if ever enacted, will do is create more legal issues! Attorneys
are already telling clients to wait for these bills to become law so
they can pounce on the owners.
When will our legislators realize
that they are obligated to protect the welfare of the constituents,
especially retirees and low income minorities, who can't fight for their
rights?
We homeowners suffered enough from
hurricanes, we don't really need the legal profession using us as their cash
cows! Why trying to create fancy insurance bills, if you let
the attorneys grab our wallets -- protected by so-called HOA statutes?
Thank you for listening to our concerns!
Warm
Regards,
Jan Bergemann, President
Cyber Citizens For Justice, Inc.
Dear Governor, Dear Legislators, Friends and Members,
here is another
example that our associations are not governed by common sense! We need laws
protecting our citizens against stupidity!
See today's article in the Tampa Tribune about the wife of a soldier serving in Iraq receiving a violation letter for posting a nice-looking "Support Our Troops" sign in the front yard. Threatening a $100 daily fine!
When does this
nonsense stop? Families of soldiers serving our country overseas should have
the full support of the community. What is wrong with our society?
You will hear the
arguments from board members, managers and attorneys that the sky falls down
if the precious rules are not 100% observed. What are we? A nation of
robots following rules -- or a nation of caring citizens that support and help
neighbors!?
Next week the annual "CALL" Dog and Pony show will be back in Tallahassee to convince legislators that all is fine in our associations and no reforms are needed! But liens and foreclosures are needed to subdue unruly owners! Like this lady whose husband serves in Iraq?
Look at the board
members who are supporting these attorneys! Just ask who is paying for their
trip? They will claim they represent all the owners in their communities! Many
of them are just supporting their private agenda at the expense of due-paying
members of the community they are "representing"!
Don't believe it!
Especially many of the board members supporting CALL have a very good reason
for doing so! Quite a few of them are the same people that are creating these
ugly headlines we see daily in the media!
Association
reforms are desperately needed!
Our
Florida legislators should consider stopping this outrage owners in
associations are facing!
Warm Regards,
Jan Bergemann, President
Cyber Citizens For Justice, Inc.
Dear Governor, Dear
Legislators, Friends and Members,
if you read this article
at: http://www.ccfj.net/HOAFLlawnfees.html you
know why the specialized attorneys don't want government oversight,
regulation and accountability for homeowners' associations -- using all
kinds of different excuses!
A legal bill over a case of
resodding a homeowners' lawn without his permission already reaching legal
fees of more than $100,000 -- and the jury trial starts on
Monday? A resodding being done, according to the article, by a
landscaping company owned by one of the directors of the board? Common
sense? Definitely not! Protecting property values? Definitely not! Enriching
attorneys? Definitely YES!
That is exactly the
reason why these attorneys are fighting to protect their cash cow. That is
the reason why attorneys like Peter Dunbar, Joe Adams, Donna Berger and Paul
Wean are running around pushing for bills that will take away the little
protection homeowners got through legislative changes in 2004.
That is the
reason why bills like HB 391 (Rep. Carl Domino) and SB 546 (Senator Mike
Fasano) shouldn't even be considered by honest legislators, who care for
their constituents.
We have elections in
homeowners' associations that would make any Banana Republic proud! We have
many expensive lawsuits -- not just a few caused by "disgruntled
homeowners" as pitched by these attorneys -- that cost outrageous legal
fees. All under the cover of protecting property values!
Common sense tells you
that this system doesn't help the homeowners! When will our legislators
realize it and create legislation that will protect their constituents against
these kind of abuses?
The necessary
bills to protect the homeowners are written -- ready to go! But who will push
them through the legislature and enact them? What has to happen before our
legislators wake up?
Have a great weekend!
Warm Regards,
Dear Governor, Dear Legislators, Friends and Members,
remember when HOA attorney Steven Mezer opined (quote): "Freedom of speech does not apply in the Tudor Cay case because homeowners associations concern themselves with private property, not public property. He has a right to push the First Amendment, but the law doesn't apply here!"
Yesterday an
appeals court in NJ finally proved him wrong. Despite an Amicus Brief filed by
the Community Associations Institute the appeals court -- in a landmark
decision -- ruled that homeowners' associations
must respect residents' free speech rights.
"For the first time anywhere in the United States, an appellate court has
ruled that such private communities are 'constitutional actors' and must
therefore respect their members' freedom of speech," explained Rutgers Law
Professor Frank Askin, lead counsel in the case.
We
know that there are quite a few associations that are governed like Banana
Republics. Homeowners in associations have constitutional rights, no
matter what certain attorneys would like us to believe! Please read comments and the complete ruling of the New Jersey Appellate Court at: http://www.ccfj.net/twinriversaskin.htm
If
certain attorneys, managers and board members don't like the US Constitution --
that's their problem! But we owners feel that our government executives
have the obligation to protect our rights! Warm Regards,
Jan Bergemann, President
Cyber Citizens For Justice, Inc. Dear Governor, Dear Legislators, Friends and Members,
we have talked often about weird elections in HOAs that would make any Banana Republic proud. And it shows how much a sitting board can do -- legally -- to eliminate any competition.
In this case the
candidate's qualification wasn't shown -- on purpose -- to the nominating
committee and the name of the candidate wasn't listed on the ballot! And
actually, the chances to be elected without being on the ballot is like
winning in a political election as a write-in candidate. ZERO!
The first annual
meeting with election didn't have a quorum. So the board appointed itself as
the new board -- no new date to be set. But a letter from an attorney
made the board call a new election -- but they still refuse to add the
candidate's name on the ballot.
Instead the
candidate was served with a law suit claiming his actions amounted to
retaliatory harassment and extortion.
Please read the
whole article from The Tampa Tribune at: http://www.ccfj.net/HOAFLfeudcase.htm
Still believe
when the service providers tell you how easy it is to make a difference --
running for the board of directors? I think it rather proves the point we
homeowners are trying to make: Elections in a homeowners' association would
make every Banana Republic proud! And if all intimidation doesn't
deter the pesky volunteer from wanting to be a candidate for the board
election -- let's just sue! That will teach him not to mingle in association
business!
Warm Regards,
Jan Bergemann, President
Cyber Citizens For Justice, Inc.
Dear Governor, Dear Legislators, Friends
and Members,
first we had the CAI
(Community Associations Institute) claiming to represent the interests of all
owners living in associations. Just by looking behind the scenes it became
obvious that the CAI was a trade organization for the service providers.
Then we had CALL
(Community Association Leadership Lobby), the lobbying group of the law firm
of Becker&Poliakoff, claiming to represent the interests of all the
owners living in associations. Actually the law firm was hired to do
the legal work, not to voice the opinion of the owners! HUGE DIFFERENCE!
Now we get COCA (Coalition
Of Community Associations) claiming to represent "about 3 million
homeowners". They admit they are not even organized, don't have a
membership, but nevertheless claim to be the voice of 3 million citizens!
Since the founder, Richard Spears, doesn't forget to mention that he is a
member of the Florida Commission on Ethics, he must be under the impression
that everybody has to take his word for granted. Sorry, but his own ethics
have been doubted by many citizens before! Just look at the list of founders
next to Richard Spears -- attorneys Scott A. Justice and Paul L. Wean --
Chairman of the Florida Legislative Alliance (CAI)
Do I need to say more?
The players of all these organizations are more or less the same. Names repeat itself -- as do the numbers of the people they claim to represent! Not one of these groups has a public mandate given to them by the owners they are all claiming to represent.
I am straight
forward asking our legislators: Are these the kind of organizations you
want to be holding the torch for? They are working against the interests of
the citizens -- your constituents!
If you want more details,
please see the articles and comments at: http://www.ccfj.net/HOAFLleaders4.html
Happy Holidays!
Jan Bergemann, President
Cyber Citizens For Justice, Inc.
Dear Governor, Dear Legislators, Friends and Members,
it is really interesting to see how far some of our elected House Representatives are willing to go to help special interest. The latest example is Representative Carl Domino, Jupiter! He filed House Bill 391, a bill that would kill some major achievements created by the Governor's HOA Task Force in 2004. A similar bill was filed by Senator Fasano -- SB 0546 . But I don't think we have to talk about Senator Fasano's bill filing abilities. Yesterday's Editorial in the St. Pete Times said it all: More head-scratching legislation filed by Senator Fasano!
Since I was interested to know the reason for filing this bill I called Representative Domino's office this morning and talked to Sheri Healy, his legislative assistant. When asking about the reasons for sponsoring this bill, making her aware that it would kill a few provisions created by the Governor's Task Force, she suggested I talk to the lobbyist who is behind this bill: Travis Moore, the lobbyist for the Community Associations Institute, the trade organization of association attorneys and managers. I should have known, after seeing Representative Domino co-sponsoring HB 1593 during the last legislative session -- a bill homeowners dubbed "The Bill Of Shame!"
It seems that
Representative Domino is more interested in the welfare of special interests
than in the welfare of his constituents. This bill is a typical example of
promoting the income of special interests at the detriment of the
constituents!
Please remember: Representative Domino's district is a breeding ground for law suits in associations. Fox 29 (Palm Beach County) reported in 2004 about HOA problems under the headline: HOA NIGHTMARES . A phone bank during the FOX 29 news hour created more interest than a similar event discussing problems with used car dealers. That shows the widespread problem -- according to the newscasters!
And
Representative Domino, obviously not interested in the welfare of his
constituents who elected him into office, is filing a bill that would make
their daily lives even more miserable. Is it because he is confident that he
will get re-elected, since so far nobody is challenging his re-election bid in
2006? May be that needs to change?
Citizens in Florida need legislators that care about the welfare of their constituents. We have already enough problems after all the hurricanes. We don't need legislators willing to create more bills to increase the income of special interests! This bill is a typical example!
It is time the
media reports about these outrageous problems. We hear about the problems many
owners are experiencing. We see the ugly headlines about outrageous law suits
in associations. But we read very little about the legislators who make all
these problems possible by introducing bills like HB 391, bills that are
encouraging the abuse of owners by special interests!
HB 391
and SB 546 just don't deserve to
be considered in a committee hearing. They are detrimental to the welfare of
Florida's homeowners living in associations!
Warm Regards
Jan Bergemann, President
Cyber Citizens For Justice, Inc.
Dear Governor, Dear
Legislators, Dear Friends and Dear
Members,
even in the most remote area of Florida it should be known by know that FS 720.304 allows homeowners in associations to fly Old Glory in a respectful manner. But it seems a community in Orlando hasn't gotten the message yet. A letter from management considers flying a flag from a flag pole a violation and threatens with further action, if the "violation" isn't removed.
The
quote: "According to our attorney, he recommends that we do not change
our current rules on flags; this is to include the prohibitation of yard
mounted flagpoles."
We
are writing the year 2005! Bill SB 149 was enacted by signature of Governor
Jeb Bush on April 18, 2002. Shouldn't that be enough time to get familiar with
the provisions of this bill?
It
seems that always veterans are the target of this "harassment"!
Veterans, who devoted their lives to defend Old Glory!
This
community claims to have suspended their strict regulations after 9/11 -- to
give owners the chance to show their patriotism. Patriotism on
borrowed time?
Please
read the whole story -- with documents -- at: http://www.ccfj.net/flyoldgloryHC1.html
The
only ones that profit from a battle like this are the same
attorneys who write these "opinions"!
Who
will help this veteran who is fighting for his right to fly Old Glory from a
flag pole?
Jan Bergemann, President
Cyber Citizens For Justice, Inc.
Dear Governor, Dear
Legislators, Friends and Members,
last night every TV
station in Central Florida reported about the board of the Majestic Oaks
Homeowners Association in Ocala that distributed a flyer telling their
neighbors that by taking in hurricane victims they would violate
the deed-restrictions. An outrage followed, especially after it
turned out that the deed-restrictions contain no restrictions like that. More
or less the board created it's own interpretation of the rules -- like we see
it happen so often!
What happened in
Majestic Oaks is a disgrace for our society.
The Ocala Star Banner
reported today in a very good article what is going on in this community --
two board members already resigned. See: http://www.ccfj.net/Stormvictimsdenied5.htm
Members of CCFJ, Inc. are
trying to remove the remaining board members, using the new recall provisions proposed
by the Governor's HOA Task Force in 2004. Cliff Daley, a homeowner in Majestic
Oaks, will talk this afternoon at 2.30 p.m. on the talk
show "On The Commons" about his feelings and his
determination to remove the responsible board members from office!
You can listen directly - or download the show later -- see instructions at: http://www.ccfj.net/onthecommons.htm
POWER CORRUPTS --
AND MORE POWER CORRUPTS EVEN MORE!
There is only one reason
why we see these outrageous problems: Total lack of enforcement of our HOA
Laws (FS 720) and total lack of accountability of the people in charge! When
will our legislators finally step up to the plate and will do something about
it? It's high time!
Just
for your information: The California legislature passed
Senator Ducheny's association foreclosure-abuse-prevention bill (SB 137). The
bill is on Governor Schwarzenegger's desk ready for signature. He is expected
to sign the bill after vetoing a similar bill last year! The bill was amended
according to the Governor's requests. The bill will disallow liens and
foreclosures for unpaid dues of less than $1,800. It as well stops
the outrageous attorney's fees that come along with these foreclosure abuses! CA
legislators realized that there are other ways to collect unpaid dues, without
charging outrageous attorney fees and making families homeless! When will
Florida follow?
Have a great weekend!
Jan Bergemann, President
Cyber Citizens For Justice, Inc.
Dear Governor, Dear
Legislators, Friends and Members,
This is not a sick
joke, this is actually the wording of a flyer that was distributed by the
Board of Directors of the Majestic Oaks Homeowners Association of
Ocala, Inc. over the weekend. BELIEVE IT OR NOT
-- this is a homeowners' association in OCALA, FL -USA! In my opinion this
-- and many other outrageous occurrences -- is the result of our
government creating little kingdoms without oversight and accountability
of the people in charge -- letting condo commandos run wild, protected by
attorneys that consider these associations a welcome cash cow!
WE THE BOARD OF DIRECTORS OF MAJESTIC OAKS HOMEOWNERS
ASSOCIATION, HAVE BEEN INFORMED THAT SEVERAL CHURCHES MAY REQUEST
INDIVIDUALS OR FAMILIES OPEN THEIR HOMES TO HURRICANE
KATRINA'S VICTIMS. THIS IS TO ADVISE YOU THAT OUR COVENANTS AND BY-LAWS
PROHIBIT ADDITIONAL FAMILIES IN FAMILY HOMES.
NO DWELLING SHALL BE USED FOR ANY PURPOSE EXCEPT FOR
RESIDENTIAL PURPOSES. WE APPRECIATE THE CONCERN FOR THESE
INDIVIDUALS HOWEVER, WE ENCOURAGE AND SUPPORT THE CONTRIBUTION TO THE
AMERICAN RED CROSS OR THE SALVATION ARMY.
YOUR COOPERATION AND SUPPORT IN THIS MATTER IS
APPRECIATED.
RESPECTFULLY,
MAJESTIC OAKS HOMEOWNERS ASSOCIATION
BOARD OF DIRECTORS
I think that says
it all! You can read more at: http://www.ccfj.net/Stormvictimsdenied.htm
Is this what our
society stands for? If not -- let's change it real fast in a combined effort!
Warm Regards
Dear Legislators, Friends
and Members,
we heard in May that
so-called community leaders want to fight against home-owner-friendly bills by
joining forces with CAI (Community Associations Institute) and CALL (the
Becker&Poliakoff lobbying group) to defeat CCFJ, Inc. -- a Consumer
Alliance. May be they feel that the pastures are greener on the
service-provider side of the fence?
One of these leaders was Mel
Phillips, CONA President from Pasco County. It seems no holds are
barred when these wanna-be community leaders are out trying to find support
among the homeowners. Last Tuesday, at a meeting in Pasco County, Phillips and
Senator Mike Fasano spoke to about 200 homeowners, promising to join the CAI
and fight the so-called HOA mediation and arbitration bill, a cash cow for
attorneys -- useless for homeowners and boards!
Look for a more
detailed report at: http://www.ccfj.net/HOAFLwannabes.html
Wouldn't it be
nice if these wanna-be community leaders do their homework before speaking up?
The bill Phillips vouched to see repealed created FS 720.311, was a CAI bill pushed through the HOA Task Force against the votes of the members of CCFJ, Inc. We saw the writing on the wall and warned against the outrageous cost for associations and homeowners -- with not much to show for!
I think it's embarrassing if you claim to be a community leader and publicly state that you want to join forces with the same trade-organization that is responsible for the bill in question in the first place, but want to defeat the group that publicly spoke up against the bill when it was introduced -- and fought it all the way?
I think that is one of the main reasons that we homeowners are having such problems in our associations.
UNINFORMED
LEADERSHIP!
But these are the same
people who scream "bloody murder" when mandatory education of board
members is discussed!
I guess you know
the commercial?
Annual
Membership CAI (Trade Organization): $ 85.00
Wanna-be
community leaders with egg on their face: Priceless!
Dear Governor, Dear Legislators, Friends and Members,
The Sun Sentinel printed
a really interesting EDITORIAL
regarding the ongoing fight for association reforms. Even if the
legislative session is over, the war with words between owners and service
providers is continuing.
The editorial suggested
that the feuding parties should sit down and talk. Great idea, but only if
both sides are willing to bring something to the table. CALL (Community
Association Leadership Lobby) and CAI (Community Associations Institute) have
so far done nothing to propose any reforms, despite the fact that everybody in
the know has realized that reforms are needed. Instead of counter-offers we
heard name-calling and similar lousy arguments!
The interests of both sides
are opposite -- to say the least. While we owners need
consumer-protection to enjoy our homes, attorneys are interested in
mediation, arbitration and law suits -- meaning making lots of money at the
expense of owners. Every year they are able to kill the reform bills the
specialized attorneys made another financial killing.
Don't forget that
all these lawsuits have only one real winner: The attorneys!
And only one real loser: The owners!
Florida's citizens need
our elected officials to step in and sort out the many problems. And there are
legislators willing to do just that!
Our proposals are
on the table -- actually on our website! We are always willing to talk!
Please read my response to
this editorial at: http://www.ccfj.net/Editorialbills.htm
Suddenly the bills we
proposed and got enacted in 2004 are considered sensible measures. I remember
when CALL and CAI representatives were fighting them and calling them useless
and out of line. Condo Ombudsman and Condo Advisory Council were considered
waste of tax money by CALL. Now a leading attorney of the law firm of
Becker&Poliakoff is the chairman of the Condo Advisory Council.
Wasn't there an old saying like: "If
you can't beat them, join them to covertly plot for their demise"?
We need legislators
willing to be the mediators between the feuding parties. We owners don't have
the money to charter airplanes and fight consumer-friendly bills in
Tallahassee. We owners need help -- and our legislators are the ones who
should help us!
Warm Regards
Jan Bergemann, President
Cyber Citizens For Justice, Inc. |
