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as expected the industry dominated HOA Task Force rejected our plan to create a strong government agency regulating all mandated properties. Please see my proposal attached. Actually, they rejected every little motion
to improve the many problems homeowners in Florida are facing, but passed
motions that are even more dangerous to Florida homeowners.
With respect to the column
written by Joe Adams below, who happens to be an attorney with
the law firm of Becker & Poliakoff, P.A, one of the biggest law firms
representing Homeowners Associations Boards and Managers in Florida
-- in my opinion responsible for many horror stories experienced
by people living in regulated properties -- it has to
be noted that this firm was also sued in Federal Court in Miami for a series
of violations of FDCPA Regulations
Humberto Sanchez
First of all I would like to thank you for giving consumers the opportunity to talk about their problems in mandated properties. I think last Wednesday evening was an education for everybody who still had doubts that there was really something seriously wrong with association law and the necessary enforcement? Consumers all over the State sincerely appreciate your work and hope that the legislature will finally decide on taking on the issue and find feasible ways to protect the welfare of its citizens. As you have heard on Wednesday, it seems obvious that turtles are better protected in Florida than home- and condo-owners. But as you can imagine, not everybody is happy with your efforts. I thought you might be interested how a certain trade-organization, the CAI, is evaluating your work. Please note that members of this organization, The Community Association Institute, are in many ways responsible for the existing laws regulating associations all over the nation. Many homeowners blame them for the obvious mess we are facing today. And after Wednesday evening we can definitely finally discard the old excuse: "Only a few disgruntled homeowners are complaining!" The CAI-FLA, with chairman Joe Adams, has been fighting homeowner friendly legislation in the hallways of the Tallahassee Capitol since many years. And as you can see below, their opinion of the abilities of our elected legislators is not very high. This organization is run by a small number of attorneys, who are afraid that you might kill their golden goose, meaning the ability to rule the homes and savings accounts of the owners. Especially disturbing was in my opinion the quote:"Fortunately, we in Southwest Florida have some legislators who are key players in community association legislation, including Rep. Dudley Goodlette, who chairs the House Rules Committee, and Rep. Jeff Kottkamp, who chairs the Judiciary Committee." Does that mean fortunately for Joe Adams, his attorney friends and some misguided board members who hate to lose their unconstitutional power? Don't forget, a happy community is not a money-maker for attorneys. They sure are not interested in creating happy associations, where the homeowners can live in peace! As a member of the HOA Task Force I had after the meeting on Wednesday the opportunity to talk to DBPR Secretary Diane Carr and relate to her my concerns regarding the members of this Task Force. In my opinion the Task Force should have been compiled of members with a vested interest, meaning homebuilders, developers, consumers etc. I specifically talked with her about Joe Adams, being a member of a trade organization providing legal services to communities. My remark: "Do you invite your maid to participate in the household budget talks?" At that time I didn't even know about his column below. I beg you in the name of many Florida citizens to keep up the great work you have started and create legislation which protects home- and condo-owners by including desperately needed enforcement, without expensive civil litigation. Please consider our proposals: http://www.ccfj.net/ccfjbullet-sheet2.html After listening to the input of this trade organization for over twenty years it might be time to finally listen to the consumers. Our advice might be better than the one you received for many years and created the mess you heard about on Wednesday. And I can assure you, wherever you go you will hear the same kind of stories. Just names and locations change! And it's not different in SW Florida, as Joe Adams seems to believe - or minimum claims to believe! Thank you for listening to the concerns of your constituents! Warm regards
Published by news-press.com on September 26, 2003 Legislature already at
it again
Although I have heard it expressed in different ways and attributed to different sources, there is an old saying that no person’s life, liberty or property are safe while the Legislature is in session. Although Florida’s Legislature will not convene for another six months, it seems that its House of Representatives already is preparing to take a swing at condo association boards. Under the benign designation as a “Select Committee” to review condominium issues, Speaker Johnnie Byrd has appointed a group of legislators, primarily from South Florida (none from Southwest Florida), who are to report back to the House on the need for additional condominium legislation. It appears that the genesis of this “select” committee is a dispute between a member of the Legislature and his individual condominium association. Perhaps without realizing that most individual problems can be resolved “locally” (by amendment to the governing documents for the particular community), rumor has it that this committee is poised, Tallahassee-style, to kill the proverbial fly with nuclear bombs. Among the ideas supposedly on the table are term limits for board members and requiring all association board members to file financial disclosure forms. On the term limit issue, most of the associations I deal with have a decidedly difficult time in finding an adequate number of volunteers to operate the community. If someone wishes to volunteer their time and talents in this endeavor, and if that person’s neighbors are willing to elect them, why should the Florida Legislature interfere? Keep in mind that the old days of general proxy voting are gone, and all elections are conducted by secret ballot, where everyone wishing to run is given an even-handed opportunity to do so. On the question of requiring association board members to lay bare their personal finances, I will borrow a term from the younger generation: “HELLO???” If you think it is difficult finding qualified people to serve your community now, wait until you tell them that their neighbor would like a peek at their balance sheet and tax returns. Fortunately, we in Southwest Florida have some legislators who are key players in community association legislation, including Rep. Dudley Goodlette, who chairs the House Rules Committee, and Rep. Jeff Kottkamp, who chairs the Judiciary Committee. Stay tuned for further developments. ________________________________________________________
Date:
Wednesday, September 24, 2003.
I would like to thank Representatives Robaina and Zapata for their outstanding leadership in these issues, these initiatives are in part due to efforts by members of Cyber Citizens For Justice, Inc. to seek meaningful reforms.
and Judicial -- precisely to avoid abuses of powers.
Please note these recent poll results from Community Association Institute: “In general, would you recommend community
association living to a friend?”
Another
interesting poll from CNN in the reference to George Andres flag case.
I also take the opportunity to recognize the media for working diligently to publicize some of the horror stories. Abuse of homeowners must be exposed and it must be stopped. Regards,
Members of the Miami/Dade Legislative Delegation,
under the leadership of State Representative Julio Robaina (R-District
117) and State Representative Juan Carlos Zapata (R- District 119), have
organized a town hall meeting on Wednesday, September 24th, 2003.AGENDA:
CONDOS and HOAs
OUR LEGISLATORS ARE WILLING TO LISTEN
TO YOUR PROBLEMS!
Please see the official Press Release at : http://www.ccfj.net/townhallpressrel.html Our organization will be represented by
our PR Director and Condo Committee Chairman Humberto Sanchez. Many other
members of our organization will speak about the problems of association-living
at this meeting. The bullet-sheet we created will be serving as a guide
line for proposals!
I will be on Wednesday, September 24, 2003 ( same date ) at 1 p.m. in Tallahassee, participating in the organizational meeting of the Homeowners' Association Task Force, which Governor Jeb Bush has asked DBPR Secretary Diane Carr to create. I have been invited to serve on the Task Force representing CCFJ. More details as soon as they become available! CCFJ has officially been acknowledged and invited to participate in both events. This will give members and friends of our organization the possibility to show that we are not the disgruntled homeowners and radicals the industry wants us to be, but citizens willing to participate in the legislative process with the right ideas to correct the wrongs for Florida consumers. This may be a great step in the right direction! So please help and show your interest! Both events are public meetings and you are invited! We all count on your participation. Since we need to split up our forces, please consider going to Miami if you live in the Southern half of Florida, and to Tallahassee if you're up North! If you would like to have more detailed
information please send me an e-mail!
Warm regards
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For comments please send e-mail to : [email protected]
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