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Is it absolutely necessary for developers in concert with city/county and state governments to create a mandatory homeowners association or should residents decide how they wish to live their lives and to whom they should pay 'taxes' for services required? *** SEE BELOW *** Visit our Web site, sign our Guest Book and consider clicking on that ever present JOIN button. Provide support and endorsement of the principles embodied in our task force bills, Hb 887 and Sb 1484, for review of the laws of our state related to disclosure, deed restricted communities and mandated homeowner associations. We believe; Full Disclosure NOT Caveat Emptor must be the "Buy Words" during real estate transactions in the 'Sunshine State.' Do you? Your comments and suggestions are appreciated. The best to you and yours,
This isn't one of those 'tug at your heart-strings' HOA Horror stories from the Sunshine State but, in time, it might turn into one. *** SEE BELOW *** Don't forget to support our initiative in the Florida House and Senate Hb 887 filed by the Dean of the House, Representative Jerry Melvin and the companion in the Senate, Sb 1484 filed by Majoriy Whip, Senator Charlie Clary. Visit our Web site, click on the Property Reform Task Force Banner, check other information provided, sign our Guest Book and consider clicking on that ever present JOIN button. We need YOU not vice-versa. Point of information! Our bill has a minor mistake. Paragraph (e) should be (2)(a). The error implies the need for an additional 12 panel members. Not so. This paragraph is merely a guide for appointments and will be corrected by Rep. Melvin during the first scheduled committee hearing. The best to you and yours,
Is it possible the advocacy for "..equitable, fair and consistent...' tax policies by local government will be coming to your city and county while Common Interest Developments (CID's) continue to be approved, taxes collected by local government and 'quasi-government' entities? *** SEE BELOW *** Shouldn't full disclosure of the 'double-dipping' be provided to prospective purchasers before contract for sale or shall Caveat Emptor remain the "Buy Words" during real estate transactions in Florida? Before you read the follow-up story, here's a "RED FLAG" and perfect example of why you should support HB 887, our Property Reform Task Force bill, filed by Rep. Jerry Melvin, Dean of the Florida House of Representatives; "To whom it may
concern,
The best to you and yours,
Have you ever wondered if residents in deed restricted communities in Florida and our nation should receive tax credits from city and/or county government? As you ponder that thought, read the following story, courtesy of Palm Beach Post staff writer George Bennett, which might enhance a desire to explore the possibilities. *** SEE BELOW *** If you reside in a Community Development District (CDD) in Florida you already know that ad valorem taxes are imposed and collected for the district and separately for the city and/or county by your local tax collector. In the meantime, developers escape payment of full taxes on thousands of acres of land which will become part of the district and/or subdivision by zoning agricultural; purchasing a few head of cattle, goats, planting peanuts, watermelon, etc.... To add 'fuel to the fire' here's something else you might find interesting. In Marion county Florida, our five commissioners increased impact fees for fire and rescue services while implementing an agreement to construct the first new fire house in a CDD. To fund the construction of the firehouse, estimated to cost $500,000+, county taxpayers will put up the first $100,000; the CDD $250,000 plus the balance required to complete. Good deal you say? Not really! The CDD will recieve a refund of the balance by county taxpayers. In the meantime, the CDD held a public hearing to raise, in excess of $12 million, i.e, $12,000,000+, in tax free bonds for infrastructure; the cost of which will be borne by current and future residents of the district for the next 30 years. This story continues to get worse if we consider the fact that we have an understaffed volunteer fire department along SR 200 which is being six-laned because of uninhibited growth. Anyhow! The best to you and yours,
By George Bennett, Palm Beach Post Staff
Writer
WEST PALM BEACH -- Drive from downtown past Interstate 95, past Florida's Turnpike and past the lush landscaping and guarded gate at the entrance to RiverWalk, and it's hard to believe you're still within the city limits. Read the full story here!
Folks, we'd like to dispatch HOA stories that have a different theme but, unfortunatley, HOA Horrors permeate the air in Florida. Read this full story by staff writer Patty Pensa courtesy of the South Florida Sun-Sentinel. Boca homeowners group orders cancer-stricken woman to take down dog fence The best to you and yours,
Our member, Bob from Tampa, sent us this synopsis from a story written by Robert Farley of the St. Pete Times which can be read in it's entirety. *** SEE BELOW *** The prominent HOA attorney might be familiar to you? Not that it means anything but I remember him for, at least, two specific reasons; a) former president of the Suncoast chapter
of CAI in Florida
No doubt, it will be very interesting to learn how this story will conclude! BTW, do you have a restriction in your
documents re trucks in excess of 3/4 ton parked in your driveway?
The best to you and yours,
Another HOA Horror Story right here in our home state compliments of our 'watchdog' Fred in CA. Where does he get this 'stuff?' The St. Pete Times and Robert Farley, of course. Thanks Soldier! Find out for yourselves. * SEE BELOW * Incidentally, very, very interesting and 'hot' news coming out of the State of Texas from Geneva Brooks and the Texas Property Rights Foundation re HOA Foreclosures and potential status of the law profession that requires broad dissemination. Because of the 'depth and breath' of info
in these stories it might be necessary to dispatch in a four part series
in the hope you'll 'Stay Tuned' for the next part? If you've read these
stories out of TX please let me know so we won't duplicate the effort and
complicate your life. If you simply
The best to you and yours,
It began as a social group, but now the Beacon Groves organization has taken positions that are unpopular and may go beyond its legal authority. By ROBERT FARLEY, Times Staff Writer © St. Petersburg Times, published
December 24, 2001
"I have regretted it ever since," Alexander said. The association was intended as a social club, she said. It held parties and helped elderly neighbors with jobs they could no longer perform. These days, it is trying to undertake many more responsibilities, not all of them popular with the 600-plus homeowners of Beacon Groves. Making things more contentious is the conclusion, confirmed by an attorney hired by the association, that the organization apparently lacks the legal ability to carry out at least some of its agenda. After its creation, the focus of the association gradually changed, Alexander said. Its members began taking a hard line on enforcing deed restrictions set by the developer. They sent notices to neighbors telling them to move boats from their driveways, repaint their houses one of the three approved colors -- brown, gray or green -- or cut their grass. "It became a Gestapo, with people checking
over neighbors' fences to see if people had violations," Alexander said.
Included is a Letter to the Editor sent to the Sun Sentinel today in response to a Q& A column produced by Mr. Mark Bogen. It's self-explanatory. ------------------------- * SEE BELOW * ------------------------- The original story was forward to us by
our friend in CA, Fred Pilot. Thank you Fred.
Funds must be held under association's name By Mark Bogen, Special to the Sun-Sentinel
We live in a new homeowner's association in Palm Beach County. Since our community is new and still being developed, the developer has been in charge of collecting the association's quarterly assessments. After speaking with an employee of the developer, I learned that the money we are paying is going right into the bank account of the developer. Isn't it true that the funds of the association
should be kept separately from the developer?
Please read Florida Statutes F.S. 720.303 (8) a + b --------------------------- * SEE BELOW * -------------------------------- December 10, 2001 Letter to the Editor - Sun-Sentinel A recent response in the Mark Bogen column re collection of funds by a developer was informative and true but incomplete because it merely related to specific statutory provisions about a financial report required under Chapter 720 F.S., homeowners associations. It seems; there might be more to this story which we aren't aware of? Nevertheless, I think it's important to inform readers, especially the inquirer, while a developer is in control of the community and/or HOA it isn't necessarily true that they collect funds FOR the HOA. It depends? In order to know for sure it must be determined how the developer has incorporated the HOA. That would mean, Mr. Bogen, et al, should have reviewed the Articles of Incorporation and other governing documents of the community. Many developers create and incorporate HOA's for : social and recreational purposes, i.e., the mutual benefit of the residents. The HOA does not have the inherent power to collect funds, enforce deed restrictions, etc. These functions are reserved solely for and enjoyed by the developer! Therefore, the developer might collect funds and deposit in his FOR PROFIT corporation as seems to be the case aluded to by the inquirer while providing a HOA financial report pursuant to statute that would read; ZERO collected, ZERO spent! However, pursuant to s. 689.265 F.S. which wasn't mentioned in the response the developer is required to provide a yearly financial report of expenditures and receipts. This law was enacted in 1995 for the purposes indicated without appropriate penalties for failure to comply and doesn't require an appropriate audit. As a result, there are developers collecting funds, depositing them in their FOR PROFIT corporation and are not providing the yearly financial report. Efforts to amend this law since enactment have been thwarted by the stakeholders and industry partisans. Some developers simply don't want those they've enticed to relocate to know how much money is being collected and how it's being spent. Sad isn't it? It's quite possible; Mr. Bogen nor the inquirer are familiar with these kinds of circumstances happening in Florida nor the specific section of law mentioned. To the residents of the community? Read your governing documents and insist upon receipt of a yearly financial report, either, from the HOA or developer, pursuant to the applicable statute. You deserve to know how your money is being spent. Full Disclosure, before and after contract for sale, not Caveat Emptor should be the "Buy Words" in the 'Sunshine State!' The best to you and yours,
Our member, Anthony Diliberto from St. James City, Florida offers the following opinons about HOA reform in response to our recent dispatch. Thank you for your input and suggestions which follow. * SEE BELOW * It seems, more Citizens of our state are becoming aware that; all three branches of government in the 'Sunshine State' are reluctant to protect the rights of Citizens enticed to relocate in deed restricted communities with mandatory HOA's. They seem to prefer to place their faith and trust in the stakeholders and industry partisans. That could change once the 'silent majority' unites under our banner and insists that Full Disclosure rather than 'Caveat Emptor' are the "Buy Words" in Florida. Other entities seek the silent majority, too. The difference between our organization and others seeking suport? We welcome open dialogue of a variety of issues and do not attempt to silence or stifle debate nor intimidate with the threat of a lawsuit against public participation. Our ability to advance your agenda and counter the power-brokers in Tallahassee, your city and town or the national level depend on unity, strength and conviction of purpose. As Citizens are becoming better educated, informed and above all, pro-active in your government they understand and see the ramifications of the lack of participation in government. It's your priviledge, right and obligation as a Citizen of our great country to become involved. We take this opportunity to solicit our friends and encourage our members to talk to their friends and neighbors about our goals and objectives. Make time to visit our Web site to review the various issues we're pursuing. Sign our Guest Book and click on that ever present JOIN button. Tell your friends and neighbors to check us out! Incidentally, Anthony's comments couldn't
have come at a more opportune time. Our dear friend, Shu from VA, will
interview the author of Privatopia, Professor Evan McKenzie, on her radio
show this Saturday. Here's an abbreviated promo for On The Commons. Tune
in!
Over the past few decades, homeowners' associations have become fairly common place on the American housing scene, silently stripping homeowners of control over their own property. This new form of housing presented lots of problems and was generally misunderstood by almost everyone. Bringing the various aspects of common ownership developments into focus for the first time was Privatopia: Homeowner Associations and the Rise of Residential Private Governments. A decade later it is still the definitive work on homeowners' associations. With me this week is Professor Evan McKenzie. Evan is a Political Science Professor at the University of Illinois, Chicago. In addition to Privatopia, Evan has written several articles and essays about homeowners associations, spoken on the subject and given extensive interviews, both here and abroad. Please join us On The Commons this Saturday, December 8, 2001 for more insights into the present and the future of homeowners' associations. As always, you may send questions and comments
via email to
On The Commons is broadcast every Saturday from 2-3 PM ET on WEBR Fairfax Radio. In the Northern Virginia area, On The Commons can be heard on Cox Cable, Channel 37 (channel 7 without a box) and Comcast channel 27 and nationally on the internet on www.fcac.org/webr. I look forward to meeting you On The Commons
every Saturday from 2-3 PM ET
Once again we are subjected to the powerful "industry partisans" controlling Homeowners' Associations. It is felt that while Cyber Citizens for Justice is doing an excellent job of keeping interested parties informed, more has to be done to overcome this non-governmental group that controls the lives and denies constitutional rights to everyone subjected to the unrestrained and unregulated tyranny of Homeowners' Associations. Once again, may I strongly urge everyone to read the book PRIVATOPIA, an indepth study of Homeowners Associations written by law professor Evan McKenzie of the University of Illinois, published by Yale University Press and available through Amazon.com. This book documents the manner in which HOAs are controlled by the deep pocket Community Associations, Real Estate related and Legal industries. This "troika" effectively controls all associations and bureaucrats by their significant financial support of the politicians who then become indebted to and permit these interests to write a labyrinth of vague and unenforced laws that deny our constitutional rights. It is as simple as that. As I see it, we will continue to "spin wheels" until this situation hits their pocket books. This can only be accomplished by wide publicity in those states where Florida advertises and entices people to the "Sunshine State" so that unsuspecting potential homebuyers can be well informed about the so-called sunshine when being lured to FRAUD FRIENDLY FLORIDA. A few informative letters from each of us to hometown newspapers can't hurt and might be effective. In the meantime we should not let up on
our current pressure for reform and (protection of our) constitutional
rights.
According to the South Marion Citizen, it seems; negotiations between Rep. Dennis Baxley, stakeholders and industry partisans are at a tenuous stage while time for prefiling bills is running out. Discussions have not produced language acceptable to the stakeholders and industry partisans re reform of s. 689.265 Financial Report (disclosure) which Concerned Homeowners in Partnership (CHIP from Marion County) has sought. In the meantime, we've been informed; HOUSE members will be permitted to file seven (7) bills during the 2002 Legislative session. It seems; Rep. Baxley has prefiled his full compliment of bills as a primary sponsor. Therefore, if he intends to file a bill to reform s. 689.265 F.S., one of his prefiled bills might have to be withdrawn since he hasn't left a slot open for CHIP bill as he did last session while waiting for the leadership of Senator Anna Cowin. This year, it seems; the leadership is coming from a different source. You can learn more about this and form your own conclusions when you read the full story at the South Marion Citizen Web site. To refresh your memory read s. 689.265 F.S. This is the law CHIP and others in past years have attempted to amend with no success due to the power and influence of the stakeholders and industry partisans. 689.265 Financial report.--In a residential subdivision in which the owners of lots or parcels must pay mandatory maintenance or amenity fees to the subdivision developer or to the owners of the common areas, recreational facilities, and other properties serving the lots or parcels, the developer or owner of such areas, facilities, or properties shall make public, within 60 days following the end of each fiscal year, a complete financial report of the actual, total receipts of mandatory maintenance or amenity fees received by it, and an itemized listing of the expenditures made by it from such fees, for that year. Such report shall be made public by mailing it to each lot or parcel owner in the subdivision, by publishing it in a publication regularly distributed within the subdivision, or by posting it in prominent locations in the subdivision. This section does not apply to amounts paid to homeowner associations pursuant to chapter 617, chapter 718, chapter 719, chapter 721, or chapter 723, or to amounts paid to local governmental entities, including special districts. History.--s. 64, ch. 95-274. Isn't it strange that developers and owners are reluctant to provide a yearly financial report to residents they've enticed to relocate? Why, do you suppose, members of our Legislature are reluctant to step on this 'third rail?' We suspect; the 2002 Legislative session will be no exception when meaningful reform of this law and others affecting the lives of Florida Citizens residing in deed restricted communities with mandatory homeowners associations have been thwarted. The primary reason for the failure of grass roots organizations is the power and influence of the stakeholders and industry partisans. Sad but true, the continued failure of concerned Citizens to unite under one banner will prevent meaningful reform of these issues from happening in the 'Sunshine State.' At this moment we seem to have our own setback! Recently, we learned; a prominent member of the HOUSE we've relied upon to assist in our quest for justice and reform to enhance homeowners rights has had a change of heart. We'll tell you more about this event in a our Daily News Briefings to members before going public. At any rate, read the CHIP story, courtesy of editor Jim Hunter. Comments and suggestions appreciated. The best to you and yours,
Sir, As you've had an opportunity to read other Florida 'HOA Horror Stories' we've sent it's our guess; you haven't been proud of what's happening in our state. We know how difficult it is to believe that our Citizens are treated the way they are by attorney's, management companies and directors/officers of particular homeowners asssociations. We find our three branches of government partially responsible because of the lack of accountability to insure that all Citizens of our great state are protected from harm. We're certain there are many stories about these same entities that have happy endings but, as a consumer advocacy organization intent upon helping our Citizens, we just don't receive those kinds of stories. Included is a story from a lady in Pembroke Pines sent for her, with her permission. It seems; something is drastically wrong with the way she and other residents are being treated. There seems to be harrassment, discrimination and civil rights violations of certain minorities living in her community? We're still trying to acquire as many facts as possible because her story is so very difficult to believe that this can be happening in America. Begging your indulgence, her story is a lengthy one and specific references to the parties have been deleted. However, Hilda has provided permission to use her name, address and telephone number in the hope that you and others reading her story in it's entirety will offer some sort of assistance. We hope so, too! Sir, we know you have more important issues to occupy your valuable time, therefore, we apologize for intruding upon your private time. Thank you for your consideration in this
matter. We look forward to your reply.
November 26, 2001
ATTENTION: HOMEOWNERS ASSOCIATION BOARD OF DIRECTORS TO WHOM IT MAY CONCERN INTRODUCTION: Under no circumstance do I intend to have my comments and suggestions misconstrued or taken out of context. I have read, researched, and made contacts all over the state of Florida and the issues should not be so difficult if worked in the right way. Not only will I set forth my thoughts but solutions will also be offered. FORECLOSURE WITHOUT FAIR WARNING AND NO CHANCE TO REACH AGREEMENTS IN ORDER TO RETAIN THE RIGHT TO HOMEOWNERSHIP It is with immense sorrow that I have seen homeowner after homeowner in our community, losing their homes, for failing to make maintenance dues on time. Let us start by describing the roots of the problem: The By-Laws given to buyers are given in its legal binder, with no explanation whatsoever; unfortunately, very few read, study, analyze or understand its contents. This sole act by the seller is contrary to rules of law. The buyer, remains oblivious and ignorant to what these imposed covenants imply. For some it is their first home and they proceed, to put the “big bad book” aside, together with all other documents and begin to savor what they think is, FINALLY! the acquisition of the so called “American Dream”. Many people lose their homes because of lack of knowledge and also because both American and those of foreign origin, the latter even though “Americans” in paper and rights, cannot read, much less understand the legal lingo or “gobbledygook” therein enclosed, therefore, with no further explanation about the “big by-law book”, unwillingly and against better judgment, they remain in limbo. Who’s to blame? There are several culprits: THE SELLER, THE BUILDER and unfortunately, I agree, also the buyer that receives the payment booklet and sets it aside oblivious to its contents. THE PROCEDURE The maintenance company sends the homeowner in arrears a pre-written, formatted letter, often a bad photocopy with no signature, advising the homeowner that if payment is not made within 10 days, IMMEDIATE LEGAL ACTION WILL BE TAKEN! With all due respect,10 days is not even enough to “digest” what they refer to in the letter! IGNORANCE OF THE LAW IS NO DEFENSE, however, IGNORANCE OF THE LAW BY DEFAULT OF THE SELLER OR BUILDER IS AND IF IT’S NOT, SHOULD BE, ILLEGAL! What is worse, is our “own” HOA, who depend and empower the maintenance company who in turn empower the lawyers to do as they please with no way for the homeowner to “make deals” (which OTHERWISE are made in courts all over the country on a daily basis, including the most heinous crimes). Debtors therefore, are DENIED the basic right to “FAIRNESS” by making viable payment arrangements; nor are they given the opportunity to state their case or discuss it with the HOA board members, maintenance company representative nor the lawyer. WHY? BECAUSE THE FASTEST, EASIEST AND MOST COVENIENT WAY TO RECOVER MONIES, is using the LAW! Civility and simple humanitarian principles should prevail, unfortunately, that is not the case. It is a lot easier, after 10 days, to have the attorney send a Summons for a lien on the property and from then on if there’s no answer, foreclosure procedures begin. These large legal firms that work with HOA’S truly believe that their empowerment to enforce the laws is their right and once they get hold of the homeowner not even the board members want to intervene, not because they can’t, but because it’s the easy way out. I have correspondence enough to prove that attorneys for this specific HOA are arrogant, intransigent and take advantage of their positions to get away with whatever they wish, especially, when the homeowners are Hispanics and cannot communicate at the attorneys level of lingo and the attorneys don’t even have a soul in their offices that can serve as translator. In addition, these people come to our country in search of betterment and are scared to death of the law and those that represent it. This and the above is in and of itself a violation of Civil Rights. I have served as an advocate and believe me it is a time consuming and frustrating, testing and annoying process and I do it for free because it gives me personal satisfaction to serve and do good; I am aware that some of these homeowners in trouble have sacrificed and often work two jobs each to be able to better themselves and become proprietors. Personally, I blame first the HOA and it's board members since it should be THEIR responsibility to directly contact and avoid leaving a neighbor homeless even if they are in DEFAULT. The board should contact the ones in default; they should be spoken to, instructed and try by all means, to reach a reasonable and agreeable way to solve the problems the homeowners may have encountered, including partial monthly payments; maintain their account to date and if possible working with the “late fess” which account for the excessive amounts owed. Right after, the maintenance company should use the same personalized approach. If everything fails then these cases should definitely be sent to the attorneys but still leave the door ajar for a viable resolution. TOO MUCH TROUBLE? As I will state below, I am willing to do it in this community on behalf of the board for free, reporting of course, all my findings to the President and board. With regards to the maintenance company? They should find the time and resources to help the community they serve in view of the fact that they get paid quite generously for their services which are not always A-1. Most of the time these homeowners in trouble are hard working, responsible, law abiding citizens-, that are providing to sustain government and community and their only sin is their lack of understanding of the language in the by-laws. The attorneys, besides being intransigent, etc., can also be unscrupulous, arrogant, and harass with impunity thus taking away what probably took years of planning and financial sacrifices to the homeowner. We all know of the “wheeling and dealings” of our legal system but these homeowners are treated like 2nd class citizens and are tossed out of their home and into the street even if their mortgage payments are up to date. UNBELIEVABLE BUT TRUE! While trying to help a neighbor I found no intelligent way to reason with “our” HOA attorney in order to downsize or omit some “late fees” or make arrangements to pay. Instead of the 30 days in demand, at least 90 days, thus making it more viable for the homeowner to come clean. He denied my petition not in a most ungallant way. Is this what we really want to do? Is this what HOA’s, maintenance corporations and attorneys, each in its category, are there for? To deprive decent, hard working people of their monies and their legal and civil right to homeownership? Of course banks are as impersonal as everyone else and could care less as long as they get paid. THINGS TO PONDER Please be informed of the following: Florida is one of very few States in the Nation, where lenders or mortgage holders (banks) are prohibited from helping the homeowner come clean with its past-due maintenance bills. This last comment should be entitled: WHAT FORECLOSURE REPRESENTS: One of the reasons why America is no longer what it used to be is because now a days the parasitical, scrounging and powerful with dreams of grandeur and blind desire to amass even greater amounts of “green” (dollars) take advantage of those that have really worked hard to have what they have had and now are about to lose. The same old story: the predator or BIG GUY against the small little fellow, with no means for salvation! Foreclosures without due process have made us forget what America is really all about! This comment is directed to BUILDERS, CONTRACTORS, MAINTENANCE COMPANIES AND HOA’S THAT ACCEPT AS “GOOD” A BUNCH OF “GENERIC BY-LAWS” that vary very little from one housing project to the next and are not revised, changed or amended to suit each community. The above paragraph also applies to the thoughtlessness and “dollar digging” Realtors who will do anything to get some business, even going to the extent of making the seller “qualify” (using his contacts for the purpose) and getting the home for the interested party, leaving insurance and taxes purposely OUT of the monthly mortgage payment and not disclosing these facts nor the “Homestead Exemption” to the buyers. Obviously, the homeowner is left with a “damaged American dream” thus making the finances of the homeowner even tighter and harder to deal with. FOR GOODNESS SAKE: WHO IN OUR GOVERNMENT IS THERE TO OVERSEE THESE ATROCITIES? I am not “inventing” these facts: I have proof of what I herein state. MY PROPOSAL I hereby ask of you, the present and future board members of our HOA, to rethink and analyze what you are doing and to take the steps necessary to help this community become a better place. You and only you, upon taking these positions as board members, can make of this community one in which homeowners, when having to dig out of our pockets every month to pay our monthly maintenance dues, can make us feel that WE, WITH OUR HARD EARNED MONIES, are getting something in return and that we have a HOA that looks after our community and the interests of homeowners. I am also helping a person get their Homestead Exemption,(after 4 years!) which they knew nothing about and while I pay my state taxes, she is paying double of what I am paying! SO MUCH FOR “FULL DISCLOSURE” Many delinquencies, if not all, would be resolved if the maintenance company sets up “AUTOMATIC WITHDRAWALS”. This might mean introducing new software but the initial expense would pay for itself including less paper work, time and efforts for everyone. Sometime ago I asked our HOA President to confidentially make available to me the list of people in arrears in their maintenance. I would write to each a personalized letter and the opportunity to meet with them, explain the procedures to follow, and bring to the board each and every case to be treated INDIVIDUALLY. When I made the original proposal the President thought about it as a good idea. A few days after one of my e-mails, stating plain truths, (which no one likes, anyway) she recoiled from her original “yes-maybe” to a rough: “THIS INFORMATION IS CONFIDENTIAL! SO WHAT?? I AM NOT GOING TO AND CANNOT TAKE ANY ADVANTAGE OF THIS INFORMATION!!! The lawyer, however, DOES TAKE ADVANTAGE and so does the HOA and probably the maintenance company with the excessive “late payment” penalties. As mentioned before, helping these homeowners is a consuming process that requires a lot of patience. Nevertheless, I am offering my services for free, at no cost to either the homeowner or the HOA. What then is the problem? Let me remind each and every board member, management representative and attorneys: the last I knew, in the UNITED STATES OF AMERICA, people are protected by a series of legal and civil rights which are sometimes overlooked and IGNORED! Who can we trust? ATTENDANCE TO MEETINGS Why people don’t go to meetings? Everyone wonders. Because, as my dear friend Jill and myself, we got tired of going to meetings and being totally ignored; expelled from the conference room when demanding time to speak and even told to wait until the end of the board meeting at which time the president checked his watch and said; “I am sorry but it’s late and we cannot stay any longer to hear you out”. The problem is that neither the HOA nor the maintenace company representative, want to listen to the people and this same story repeats itself, from election to election, from board to board and so forth and so on… So much for “FREEDOM OF SPEECH”! AMENDMENTS TO BY-LAWS Why, -as members of this community- do we have to accept and abide by rules, imposed laws and covenants that might not even apply to our community? NO! The first thing the board of directors in a new housing development should do is nominate a committee of three or four people to study, and review the by-laws. This committee should then propose to the board items that should be deleted, scrubbed off, or amended. Whatever is not “community favorable” or does not apply to our community should be ERADICATED! from the BIG BAD BOOK! THAT IT CANNOT BE DONE? Oh please!! Every single day in our great nation laws are changed amended and even bent a little to suit a specific case and EVEN OUR CONSITUTION HAS AMENDMENTS! I will be willing to hit this matter head on with two or three other neighbors and then present to the board our results. TAKING THINGS SERIOUSLY AND SHARING RESPONSIBILITIES: Let’s not sit on the board just to use the Robert’s Rules or to feel grandiose, powerful, and or dictatorial. Let’s sit on the board to WORK. That done, you will see how people by word of mouth, will start coming to the meetings and getting involved! A year ago, when the now President of the Board was introduced, I recall how board members were appalled when I exposed the tactics used by the attorneys to collect amounts due for maintenance. I also recall how excited the new president appeared to be when planning to change the dictatorial, ghetto rulings of the previous President. For once, I felt comforted and although apprehensive, had some remote hope that maybe, just maybe, everything was going to change. Jill as usual, was right! Nothing has changed and no efforts have been made to bring forth much needed adjustments, from the by-laws all the way to how elections are conducted to doing everything possible to bring this community together. I understand it must be incredibly difficult to hold a job, attend family needs and on top of this, standing as President or member of a HOA Board of Directors with all its demands, agendas, and doing this time consuming job for FREE and probably with fellow board members that just enjoy sitting in the big table. However, this nomination was not by mandate, it was by CHOICE! Therefore, be it understood that assuming these responsibilities by one's own free will is not easy nor rewarding. Consequently, I can understand many things but I cannot agree with what has happened with (OUR) HOA since it started 4 years ago where no one gives importance to the rights of our fellow neighbors and the apathy and disregard of homeowners is only due to the fact that they know these meeting are an “act” and the HOA has no real interest in listening to them. During the first turnover meeting, committees were assigned, and the discussion of an audit of the previous Board for excessive expenses that were clearly presented and proven by Mrs. Jill...The issue of an “audit” seemed of PRECEDENCE. It was later totally and absolutely IGNORED. It was so clear that something from the previous board was amiss: the president resigned, the Miami Maintenance representative resigned and shortly thereafter, the company itself resigned. This should have brought up RED FLAGS IMMEDIATELY! CASE # 1: When the turnover from the builder to the appointed first HOA president took place, there were $25,000 missing, something I represented in several of my correspondence. Still, no one has given my friend Jill or myself a reasonable explanation. CASE # 2: Mrs. Jill... provided proof of how our monies were spent in “trimming of trees” with the former board of director of (OUR) HOA (amount paid $5000) but, in all reality, no tree trimming ever took place! She even brought photos to prove her case!! Everyone said the usual “OH WOW’S!” but it was too much hassle to follow up! So here we stand: where did the $5,000 go? Mrs. Jill... and I would have taken the challenge, even though we are not interested in serving as board members, but we do feel our abilities would be put to better use confronting issues head on, help MAKING IPSO FACTO changes, and bringing these issues to the board for fast resolution. Mrs. Jill... and myself, concerned, caring and hard working, were assigned to committees in that unforgettable meeting of the “new board”. However, very surreptitiously just as were named, we later were totally ignored and set aside. (We expected that to happen sooner or later… at least Jill did!) The above description of events is one simple reason why (OUR)HOA has never worked and why hundred's of HOA’S across the country don’t work either. HOA’s and its board members cannot stand to be criticized and looked over as per enclosure #1, entitled “WHY HOMEOWNERS ASSOCIATIONS DON’T WANT YOU TO ATTEND MEETINGS" With a bit of luck, this letter will reach statewide to people that have similar views and I will do the utmost for it to reach the legislature, the attorney general and even to Jeb Bush. It’s about time that our representatives, Congress and elected officials, take action on behalf of thousands of Floridians. I have avoided mentioning names for obvious reasons. Unfortunately, we have finally realized that our Nation is vulnerable; that we can be attacked in the heartland, in our pride and in our minds. Let’s begin to THINK of ways to better our great Nation; let’s join hands and ask ourselves what can we do to carry on the challenge of commitment, devotion and love for AMERICA and our fellow AMERICANS! Respectfully, Hilda Covarrubias
As we continue to read Florida HOA 'horror
stories' to add to our collection
The following provided by our member BobD
and our friend Fred Pilot from CA
* SEE BELOW * The best to you and yours,
cc: Members and friends, Sir, with all due respect; It's impossible to provide all of the details of the two "HOA Horror Stories" we received last week nor are we able to identify the parties and communities involved, at this time. * SEE BELOW * As you read these stories we hope you'll understand why our Legislature must create the task force we've requested during the 2002 Legislative session. We believe, consumer advocates, stakeholders and industry partisans must be mandated to sit at the same table to brainstorm meaningful reform of the laws of our state. We can not continue to have one side of the equation dictate policy. As you read Hilda's story are you concerned that HOA's are permitted to foreclosure on exempted homestead property contrary to the Florida Constitution? If you're concerned; visit our Web site, print a copy of our Resolution and send to members of the Legislature in your district. Encourage passsage of the resolution to enable the Citizens of our state to decide this issue during the 2002 General election. What about Alice? How is it possible she was not provided the disclosure statement summary, pursuant to s. 689.26 F. S. to inform her, before contract for sale, that a mandatory HOA has existed in her community since 1988? This would have enabled her to know about the HOA and encourage a request for all governing documents before closing. An obvious reason the statement wasn't provided is, generally speaking, the statutory mandate of disclosure is continuing to be violated since the above law was passed in 1995. Why? Despite continuous efforts to amend the law penalties for failure to comply have not been enacted. If you agree; "Full Disclosure" not 'Caveat Emptor' must be the "Buy Words" in the Sunshine State contact your members of the Legislature and express your views. We are waiting for the task force bill we've proposed to be filed. When that happens we will urge you to contact your members of the Legislature to seek support during the 2002 Legislative session. Of course, there are other issues of interest to our members, i.e., balancing our budget, tax reform, deregulation of the electric industry, nursing home care, growth management, etc... Visit our Web site, sign our Guest Book and consider clicking on that ever present JOIN button. We need you to achieve our goals and objectives. For sure, this ongoing nonsense; re real estate transactions in the Sunshine State requires immediate attention by our three branches of government in Tallahasssee. The best to you and yours,
Dear Bob: Thanks so much for all your efforts..... Last night on TV a large group of people were picketing because they are to be foreclosed because of non-payment to HOA (assessments) Their signs said something like: "HELP US SAVE OUR HOMES"; "PLEASE HELP US FIGHT OUR HOA" and things like that. I am going to get in touch with the channel that aired the story. Also I once intended to write about different
things that make me go "banana's": such as HOMEOWNERSHIP IN AMERICA;
America goes far beyond baseball and apple pies... I'll....send you an UNREVISED AND UNEDITED copy. Thanks for all your efforts, Bob, believe me they are HIGHLY APRRECIATED!!!,....the info is going to be put to VERY GOOD USE!! Warmest regards and God Bless you and yours,
I live in the terribly corrupt state of Florida. A year and a half ago, we moved into a home located in (this) subdivision. We were not told by the seller or by the seller's agent that our"membership"--victimization is a better word--in this subdivision's HOA was mandatory. The sellers lied about so many issues I can't list them all here, but the agent, an honest, elderly man, trusted them because they attended his church. Not telling any of us about the HOA is simply another item in a long list of "seller lies." Nonetheless, we are now being sued by this HOA, whose management company attorney's must've escaped from one of the reptile tanks at Animal Kingdom. We are being harassed, terrorized, and threatened with a $1700 payment (which is $200 above the HOA bylaws' limit). This HOA does nothing for our "community," which has 2200 homes of varying worth. I can assure you that if any HOA funds are spent, they are spent on the more upscale neighborhoods of (our subdivision). My question for you is, then, as follows: Have I actually "signed away" my Constitutional rights as an American citizen by moving into this neighborhood, thus falling under the absolute power of this HOA? I am being told that I no longer have any rights, and that these attorneys can assess me for punitory funds. I am an adjunct college instructor. I was injured early this year, put on medical leave, and had my Visiting Instructor's (license) terminated where I was teaching. I haven't even got health insurance for my 13-year-old daughter. I can't go to the dentist. I can't afford to feed myself. I can neither afford an attorney OR to pay this sum to these attorneys who, by the way, have a terrible reputation in the Orlando area. The only HOA bylaws I have in my possession are the ones I received in the subpoena served me by these lawyers. Included in these bylaws are such clauses as the one that says I have no right to live in my own home as long as my HOA dues, which I did not know I owed, are overdue. All my real property, my salary, and all my personal property--as well as that of ANYONE who might EVER become my heir, can be seized by this HOA. And the HOA can decide to demand any amount--unlimited--of money from all or any resident in (my subdivision), and we have no right to contest their demand. I never signed anything warning/telling me of this HOA. Now I find out that my signature is not needed for me to relinquish my American rights. Simply living here is tantamount to signing away my own freedom and civil liberties. "I pledge allegiance to the HOA and to the extortion which it demands" just doesn't ring right with me. Is there anything at all that I can do? I have no deep pockets, as the HOA and its management company do. Perhaps it would be better to be homeless. If the HOA has its way, I will be. Any help or advice you could give me will
be greatly appreciated.
You'll recall a previous dispatch indicating; one of our members, Walt, received a letter from his community developer indicating he was in violation of deed restrictions related to installation of a satellite dish. After we researched records and recent FCC rulings related to the restriction and he received a reply to an inquiry from the FCC, Walt decided to exercise his right to file a petition to the FCC for a declaratory ruling because he concluded the restriction violated FCC rules. With the exception of required certification, (which Walt has promptly sent, as requested by the FCC), as far as we know all other necessary documentation was provided to the FCC and the developer. We believe residents of deed restricted communities, especially those harrassed for installing a satellite dish, will find comfort in the following prompt response from the FCC. * SEE BELOW * As you know, interpretations, decisions and events can be misleading when inconclusive. However, we believe Walt and others in his community with a similar installation welcome the opportunity for a decision in their favor. Walt will let us know the final outcome but we doubt he'll settle for anything less than a written decision in this matter. We'll see? The best to you and yours,
This letter acknowledges receipt on July
27, 2001 of the petition that you filed with the Federal Communications
Commission concerning antenna
Your petition contends that the Developer's antenna restrictions do not comply with the Commission's Over-the-Air-Reception Devices rule. The Over-the-Air-Reception Devices rule
(47 C.F.R. 1.4000) addresses
The rule applies to restrictions "on property within the exclusive use or control of the antenna user where the antenna user has direct or indirect ownership or leasehold interest in the property" (47 C.F.R. 1.4000(a)(1). The rule further provides that once a petition
is filed with respect to antenna restrictions, the entity seeking to enforce
these restrictions must suspend all enforcement efforts pending completion
of the review, and no fines, fees, or other penalties may accrue during
this period (47 C.F.R. 1.4000(1)(3)).
Among other provisions, the restrictions described in your petition appear to prohibit installation of television or satellite dish antennas anywhere in, (Walt's community) including installation on a single family home or lot. To the extent the Association's restrictions
prohibit or impair the installation,
For your information, in general, restrictions requiring prior approval or imposing unreasonable expense are prohibited. Section 1.4000(f) of the rule required that copies of petitions for declaratory ruling be served on interested parties (e.g., the Developer) and that a certificate of service stating on whom the petition was served must be filed with the Petition. Your Petition does not indicate that it was served on the Developer and does not include the certificate of service as required. Your petition is incomplete until we receive the certificate of service. We welcome the opportunity to resolve the
issues raised in your petition
Sincerely,
We want to thank Jim Hunter, editor of the South Marion Citizen, for printing the Letter to the Editor; "Homeowners' reform heading in the wrong direction," in the Friday July 20, 2001 edition written by our president, Jan Bergemann. The letter is on the same page as the Citizen editorial opinion; "Determined CHIP group's on right path." Comparatively speaking there's a contrasting view of how meaningful reform must occur in our state as it relates to homeowners rights. We've provided a copy of the opinion and letter so you can judge for yourselves. * SEE BELOW * It's important to note, based on the earlier story and the editorial opinion, the stakeholders and industry partisan are ready to support the CHIP bill as long as it doesn't contain, penalties for failure to comply; independent audit provisions and enforcement remains at the local level. The Citizen editorial suggests; "If CHIP is reasonable, pragmatic and willing to compromise, there's a good chance it will get what it wants." This could be an opportunity for "an on-going process," according to the editorial. With all due respect to the Citizen; consumer advocates for meaningful reform have been engaged in an 'on-going process' for 20+ years. Residents of deed restricted communities with mandatory HOA's have been enticed to relocate and have compromised with the stakeholders and industry partisans for far too long. The reasons are obvious; residents have depended upon elected officials to protect their rights and have failed to organize on a statewide basis to exercise the power and influence they truly would have if united for common goals and objectives. We should be able to sit at a longer table with our friends and adversaries to brainstorm meaningful reform of current laws in order to balance the scales of justice. Otherwise, the Citizen is correct. We'll continue to be engaged in an ongoing process to reform our laws. HOA's are unregulated and will remain so even if the bill offered by CHIP is enacted. Respectfully, it's the wrong approach and on the wrong path. Our president is right, nothing will change. The best to you and yours,
The Concerned Homeowners in Partnership, Inc., (CHIP), had their first meeting with a key lobbyist for the Florida Homebuilders Association in addition to two Legislators that have pledged to file a bill to amend a law enacted in 1995 (six years ago) relative to disclosure of financial reports. Although the law in question relates to developers and owners collecting amenity fees, a representative of the Association of Florida Community Developers, Inc. was not present. This is, simply; a new 'battle ground' for the stakeholders in the ongoing 'war' to seek meaningful reform in the Sunshine State and, it seems, based on comments of the lobbyist and Legislators they're about to minimize reform during the 2002 Legislative session? Unfortunately, we contribute to sustaining their power because we do not have a statewide organization to exercise the power and influence of citizens enticed to relocate. Therefore, the grass-roots organizations are at the mercy of the stakeholders, et al. As long as these powerful forces can 'put out the fires' of grass-roots efforts the scales of justice will remain tipped in their direction. As you read the story, courtesy of Jim Hunter, editor of the South Marion Citizen, can you recognize the honorable motivation of CHIP and the lobbyist's intentions? * SEE BELOW * It's our view; if our Governor and Legislature is not interested in creating a Task Force of stakeholders, industry partisans and consumer advocates to brainstorm the issues of mandatory unregulated homeowners associations, ambiguous deed restrictions, state oversight, enforcement, penalties for failure to comply with enacted laws, etc....the industry will continue to put out these small fires of discontent emerging from time to time. Our next dispatch will provide 'Contrasting Views' of this ongoing dilema toward meaningful reform. Stay Tuned! The next time you visit our Web site, please sign our Guest Book and consider clicking on that ever present JOIN button. We need your help! Thank you. The best to you and yours,
---------------------------------- * SEE
BELOW * ----------------------------------
The first draft of a proposed local bill from a grass roots organization in Marion county, i.e., Concerned Homeowners in Partnership, Inc., (CHIP) has been posted on our Web pages for your review. The bill amends current law pertaining to disclosure of expenditures and receipts of amenity fees collected from residents in deed restricted communities by a developer or owner. The particular statute is; s. 689.265 Financial Report. We've learned; the current bill draft is being reviewed by industry lobbyist's in conjunction with Rep. Baxley, a primary sponsor, and Rep. Nancy Argenziatno, a potential co-sponsor, CHIP leaders and, possibly, a Senator which will file a companion bill for the 2002 Legislative session. In addition to the bill draft, you'll find a six page Disclosure Summary document prepared by CHIP which prospective purchasers would have to complete before contract for sale. Please read and understand the intent stipulated on the cover sheet attached to this document! The summary doesn't attempt to amend current law, s. 689.26 F.S. enacted in 1995 (superficially amended since), requiring a developer or owner to provide a Disclosure Summary Statement before contract for sale. Purchasers might say; they never received the disclosure statement summary if they purchased their property since October 1995. Others might say; they didn't get a copy of the deed restrictions or protective covenants until closing when it was too late or never received a copy? Sad but true, some might even admit, they never read their governing documents? Nevertheless, we've learned; Rep. Baxley has encouraged the Department of Agriculture and Consumer Services to review the six page document for content and practicality but he has not indicated a desire to amend s. 689.26 F.S. We believe it's important to provide a Disclosure Summary brochure to the general public and prospective purchasers. This must be part of the Full Disclosure concept in Florida. We have advocated for the creation and dissemination of a DSS brochure by an agency of government and inclusion of the brochure on the agency Web site as is the case in other states. We believe, also, in order to become an affective tool for educational purposes, s. 689.26 must be amended to insure Florida Administrative Codes are adopted for state oversight; compliance; and, an enactment must include the imposition of appropriate penalties for violations, a provision to insure the deed restrictions are provided before contract for sale, a recision period, etc... Otherwise, it would seem; a six page disclosure summary that must be completed by a prospective purchaser continues to promote Caveat Emptor as the "Buy Words" during real estate transactions in our state not Full Disclosure before and after contract for sale. Lastly, our president Jan Bergemann, has provided an analysis of the CHIP effort following the bill draft and disclosure summary document. If you have an interest in these matters, visit the following Web pages; http://www.ccfj.net/CHIPbill.htm As always, your comments and suggestions are greatly appreciated. Incidentally, the next time you visit our home page, please take time to sign our guest book and consider clicking on that ever present JOIN button. We need your help. Thank you. The best to you and yours,
Currently, it seems; Legislative reform concerning homeowners associations and full disclosure is headed in the wrong direction? * SEE BELOW * Having received a copy we intend to post, on our Web site, the first draft of a bill being advanced by Concerned Homeowners in Partnership (CHIP) and a six page Disclosure Summary they've prepared for review by the Department's of Consumer Services and possibly Business and Professional Regulation in Tallahassee. Although the six page document is a commendable effort to utilize for facilitating the basis of a disclosure brochure it would be a meaningless endeavor if s. 689.26 the Disclosure Summary Statement law remained in its present form; without penalties for failure to comply, lacking a reasonable recision period and unenforceable, as it has been since enacted in 1995. Nevertheless, we urge you to read both when and where posted by Jan and provide your input. As always, comments and suggestions are greatly appreciated. BTW, the next time you visit our Web site, please sign our Guest Book and consider clicking on that ever present JOIN button. Thank you. The best to you and yours,
Honorable Representative Dennis Baxley, cc: Representative Nancy Argenziano Recently I had an opportunity to acquire the agenda of Concerned Homeowners in Partnership (CHIP) of which I'm a member. It's my understanding that you're 'leading the charge' for a reform bill in 2002 with the help of Rep. Argenziano and a couple of prominent lobbyist's? A logical question to ask is; do have a committment from a Senator? If a determination is made to avoid state oversight, opting for local compliance and relying upon lobbyist's that have their clients interest foremost in mind we're never going to resolve these issues and protect homeowners rights. I understand; there are going to be secret and behind closed door meetings which you're going to attend to discuss reform? If what I've read is the kind of reform you and the lobbyist's will support, it's atypical of the power and influence in Tallahassee which has successfully preserved the status-quo for too long. If I were a state recognized stakeholder or industry partisan I'd support another 'local bill' which I've read because it helps to insure; nothing will get done during another Legislative session to protect consumers. It's my understand you're found favorable comments and review in Tallahassee for a six page disclosure summary and that some other 'players' are reviewing it, also? What good is this summary you seem to be passing around for approval if the law in our state, i.e., s. 689.265 Disclosure isn't amended to Include; - Several of the statements I've read about
in the six page document
This current Disclosure Summary document I've read is of no practical use if we aren't going to 'fix the law!' Obviously, anyone can prepare a disclosure brochure relative to common interest developments and distribute, as long as they don't violate state and/or federal laws. THAT's what a brochure is for and we advocate dissemination of but not this six page document 'with no teeth' to enforce implementation and distribution if s. 689.265 isn't amended. Many organizations, including your own family business and real estate professionals, distribute information to consumers which they prepare. The key element in these distributions is; they must be factual and meet the intent of enacted laws. So, with all due respect, in order to insure a disclosure brochure is provided by a government agency, posted on the Internet, available in sales offices, or wherever and however it's distributed before contract for sale; s. 689.26 Disclosure must be amended to include certain provision alluded to above and possibly others. Both of you might know, there is a lot of confusion about the transfer of ss. 617.301- 617.312 from Chapter 617 to a new Chapter 720 during the 2000 Legislative session? Representative Argenziano, I believe you voted in favor of the reorganization of the Dept of State, wherein the transfer provision were included? While these sections were included in Chapter 617 it was common knowledge that a homeowners association would be incorporated under this chapter as a not for profit corporation. With the advent of Chapter 720 there isn't any guidance provided by the Legislature or the division of corporations or any one else for that matter. Chapter 720 is just sitting out there waiting to be plucked from the shelf as is the case with many 'old' and 'unused' laws removed during Legislative sessions. Begging your indulgence; If I wanted to incorporate an HOA which meets the definition alluded to in Chapter 720, would it be for or not for profit? If you're reply is; it should be incorporated under Chapter 607 or 617 we've gone a step backwards with the creation of Chapter 720, as written. This cross-reference was eliminated several years ago because of confusing provisions. Now, it seems, we're back where we started? Can you get a reading on this from any of your reliable contacts and sources in Tallahassee and provide the results of your inquiry? Recently, we inquired of the Division of Corporations but have not received a response. We suspect if we don't clarify this situation we'll have two statutes on the books where a homeowners association could be incorporated, Chapter 617 and 720? Although, an HOA incorporated under Chapter 617, unlike one defined in Chapter 720, is like all other corporations created for 'social' benefit. However, in this instance the HOA does not have any inherent power given to the mandatory members by the developer (except that which the developer keeps unto himself) or until and IF transition of control occurs. In the meantime, whether incorporated under either chapter (if it's possible to incorporate under Chapter 720?) the developer might retain the power to manage the community on his own and/or with his relatives or other appointees on the board of directors for as long as he cares to. Nevetheless, we don't favor removing the Chapter 720 book from the shelf because we worked to hard to get these provisions enacted and amended since 1995, even though they need a 'lot more of work.' We sincerely believe, in conjunction with other laws mentioned herein and one that wasn't Chapter 498, this new Chapter 720 could present an opportunity to enact a PUD ACT in Florida for adult and residential deed restricted communities with/without a mandatory homeowners association. Unfortunately, that hasn't materialized despite assurances from one of the lobbyist's you seem to be relying upon that assured us, we were headed in the right direction for meaningful reform in the future. We suspect, if the current agenda you're working on is accepted by the stakeholders and you agree to file a bill as that which I've seen disregarding any other suggested reform we're headed in the wrong direction. We hope neither of you are intent upon taking us where we shouldn't go and that you'll consider meaningful reform with broad appeal to the residents of our state? Yes, we understand, you might get a bill enacted next session but it will be another small bite of the rotten apple which the stakeholders and industry partisans want to give us. We know Rep. Argenziano knows what we're talking about. As a matter of fact, we might be placing orders for similar 'bags of doo-doo' for distribution during the next Legislative session? Incidentally, we understand and would be extremely disappointed if true; each of you intend to meet with selected individuals and one or two prominent lobbyist's in secret and behind closed doors to discuss reform of one of the laws mentioned in this message? We hope it doesn't happen and you'll decide to open the closed doors to allow the Sunshine in to have a broader consensus of opinion about meaningful reform. Thank you for your consideration. We look
forward to your reply.
In case you didn't know; the 2002 Legislative session will convene on January 22, 2002, approximately, (3) three months earlier than usual. If you have issues you believe should be addressed by the Legislature we'd suggest placing them on the table for consideration. As you know, we intend to be part of any meaningful reform related to deed restricted communities, with/without mandatory homeowners associations and full disclosure, before and after contract for sale. Our Legislative Reform Outline is being updated and posted on our HOA Committee bulletin board as new suggestions and ideas are provided. To date, we've posted Part I thru Part III. We will not hide our intentions for reform. Therefore, you and other visitors can review the outline and provide suggestions and comments for consideration. The outline will serve as the basis for a Preliminary Bill Draft and will be distributed to all members of our Legislature for their consideration. Incidentally, Senator Anna Cowin, chair of the Marion county Legislative delegation has decided not to sponsor an HOA bill next session. She remarked in a recent a South Marion Citizen story, (referring to an ongoing disagreement she's had with Concerned Homeowners in Partnership, i.e., CHIP); "There are 39 other senators they can ask." More on this story in another dispatch! BTW, when you visit our Web site, take time to sign our Guest Book, and consider clicking on that ever present JOIN button. Without your help our goals and objectives will not be achieved. Thank you. The best to you and yours,
The two stories included in this dispatch are; Courtesy of the South Marion CITIZEN, a
local newspaper distributed along the SR200 Corridor.
Prior to release of the first story we had confirmed with Senator Anna Cowin that she wasn't interested in filing a HOA bill during the 2002 session because of other Legislative assignments, including her involvement in apportionment issues. The CITIZEN story indicates; the Senator
has no intentions to file a bill on behalf of, her constituents and members
of; Concerned Homeowners in Partnership (CHIP), either!
However, in a related story; at least one Marion county commissioner supports the efforts for reform of HOA laws. We'll see? The best to you and yours,
Our organization is involved with issues I've had a personal interest in for several years; Re: laws related to deed restricted communities with/without a mandatory homeowners association incorporated under Chapter 617 and 720, F.S. When you visit our HOA committee pages you'll become more familiar with the particular statutes in question and some reasons why they should be amended. As you know; I'm in favor of Full Disclosure as the "Buy Words" during real estate transactions in our state and after contract for sale not Caveat Emptor! An integral part are disclosure laws, before and after contract for sale, and clarification of the reason the transfer of HOA sections from Chapter 617 to 720 occurred during the 2000 session when the Dept of State was reorganized. In past years, I've prepared and distributed a Legislative Reform outline to members of our three branches of government, friends, neighbors and other consumer advocates seeking meaningful reform for their consideration. During the last session several Community Association bills related to CONDO's, the reorganization of the Dept of Business and Professional Regulation (DBPR), shifting the burden for alternative dispute resolution to local governments and a local bill for Marion county residents related to adult and residential communities were rejected. I believe our HOA committtee has the time to prepare a Preliminary Draft of a bill related to the issues alluded to above. Obviously, the more people working this project the better. We can exchange views via e-mail or maybe utilize our Bulletin Board? If you want to utilize e-mail we'll set up a group for the HOA committee, only. This will diminish mail sent to members and friends that aren't interested in these particular issues. I know; one of our chat rooms, reserved for members only, is available. We could set up a process, times and dates, where we could meet in the chat room. This would be an excellant way to exchange ideas in 'real time.' We could propose nominations and elect a chair and secretary for the HOA committee amongst ourselves. It's up to committee members. Obviously, the sooner we create our Preliminay Draft the better we'd be able to propose our views for consideration. I'd like to hear from members willing to work this project in concert with each other and by consensus of the majority. If you aren't a member of our organization I'd suggest you visit our Web site, review the goals and objectives of our HOA committee, sign our Guest Book and consider clicking on that ever present JOIN button. Send in your application and help us achieve our common goals and objectives. Thank you for your consideration. Looking forward to your reply. The best to you and yours,
You might be interested in comments about the local homeowners rights bill filed by Sen. Cowin and Rep. Baxley which, to date, has not been scheduled for committee hearings. * SEE BELOW * As a member of CHIP, founder and Vice President of CCFJ, and member of the CCFJ HOA committee my opinion of the local bill is similar to others. While Sen. Cowin fulfilled her pledge to file the bill she was less than candid with her constituents during the drafting process. Marion county commissioners, after vowing to support homeowners rights as their number one Legislative priority in 2001, were left out of the loop. So they say! While our commissioners have attempted to shift the blame for an inadequate bill onto Senator Anna Cowin it's obvious these commissioners have only themselves to blame for their inadequacies in the matter of protecting homeowners rights and enacting an ordinance they couldn't and weren't willing to enforce, also. The next time you visit our Web site, sign our Guest Book and consider clicking on that ever present JOIN button to enable us to work this issue and others together. The best to you and yours,
Bill, The proposed Bill is on our WebPages since 4/12/01 at : http://www.ccfj.net/HOASB2298.htm It is a local bill only and in my personal opinion, a poor excuse to make up for the promises she made during her campaign last year. It is obvious that she gave in to the 10 developers, who visited her in her office as she admitted, during the last town hall meeting in Ocala. Since it's a local bill only any kind of enforcement would be in the hands of the local authorities. You have seen the results of that with the Marion County ORDINANCE 00-20 where the developers got a good laugh. A majority of them didn't even care about it. In my opinion it's not even worth discussing and I hope that her constituents will let her know in the next election. Sorry, but it's not even worth the paper it's written on! That's my private opinion but I know quite
a few people think the same way!
The most offensive is the use of the word audit. Central Florida has held "audits" that are presented as "compilations". The scam is quite appartent. There is no PROOF OF THE INFORMATION PRESENTED. The abuse goes further when the management company uses its own accountant to present the audit. At the least, the requirement should read "shall conduct an audit by a certified public accountant". The Bureau has a specialist on Peet at (850) 487-3788 who is most helpful and will advise you on proper wording if you desire. A second consideration is a delimiter preventing the sale of a homestead based on failure to pay association charges. A sample from Texas illustrates what needs be inserted into the bill. Forgive me for not taking a more active
part by writing Corwin.
Please do not delay checking the rest of the subject bill and acting to correct the limitations I have presented. Bill Strickler |
Send e-mail to
: [email protected]
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