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CONDO/HOA
REFORMS DESPERATELY NEEDED
November
17, 2009
Dear
Governor Charlie
Crist, Dear Lt. Governor Jeff Kottkamp, Dear Senators
and State Representatives,
I
was a panel member at the Sun
Sentinel HOA/CONDO Town Hall Meeting in
I was part of the Telephone Bank (more than 700 calls) and the Live Chat (more than 300 logged in) organized by TV Station Local 6 Orlando on November 9. See: http://www.ccfj.net/TVCH6HOALIVECHAT.html Don't forget: Legislators from Central Florida always claimed that there are barely any problems in Central Florida's community associations. How do you explain that flood of calls and e-mails that even left the station manager baffled: "Never seen something like that!"
No
matter
The
two biggest concerns: Problems with banks/mortgage companies and
developers who are either bankrupt -- or close to it -- and who are
trying to milk the owners for the last penny.
The
first community association bills have been filed: Good bills (H
327, H
329 and H
337 ) and a real bad bill -- H
115! But they all fail to touch the real problem: BANKS
and DEVELOPERS!
Let's face it: Both, banks and developers, have a very strong lobby, some legislators are bought and paid for by these two groups. But if nothing happens in this regards during the upcoming legislative session we will see the bubble burst: Many associations will be unable to pay their bills and will have no other choice but to declare bankruptcy. Many Florida legislators will have to make the choice: "Do I blow the horn of the special interest that bought me with campaign funds, or do I try to protect the constituents that are in a real desperate situation and are losing their homes and life savings caused by my unwillingness to take a stand against special interest?"
If
the majority of legislators decides in favor of special interest, Florida may
face a crisis never seen before. We will see what happens in Tallahassee in
spring -- and maybe the few people "still standing" in November will
finally realize that it's not in their best interest to vote for the candidate
with the biggest campaign account!
Just think about it! Never forget: The association system is bankrupting many good families. They did everything they were told to do, but they may lose their homes because their associations go broke! COURTESY OF BANKS and/or DEVELOPERS!
Regards,
Jan Bergemann, President
Cyber Citizens For Justice, Inc.
Dear Governor Charlie
Crist, Dear Lt. Governor Jeff Kottkamp, Dear Senators
and State Representatives,
Representative Julio
Robaina's prediction that the failure of the legislature to pass
legislation to help community associations in financial turmoil caused by
the foreclosure crisis will be "catastrophic"
was 100% correct. The chairs of the legislators in Tallahassee are
still warm -- and the ugly headlines are already popping up in the media.
Here are just some
examples from last week:
Condo associations dying as fees dry up at:
Neglected foreclosures leave a mess for neighbors at:
http://www.ccfj.net/HOAFLForeclhomemess.html
Ruling Clears Way For Condo Assoc. Fee Collections at:
http://www.ccfj.net/TVCH4Mruling.html
Tenant paid thousands in rent for condo that was in foreclosure at: http://www.ccfj.net/condorentforeclosedunit.html Onyx on the Bay units face foreclosure at: http://www.ccfj.net/condoonyxforeclosure.html
In short: A lot of these serious problems could have
been avoided in the future if H1397 would have passed! Shame
on our legislators who are obviously more interested in the welfare of
special interest than that of Florida's citizens -- their constituents.
And never forget: We are talking here about the fate of
many families who were dragged into this chaos not by their own fault. They
paid all their bills and did what they were asked to do. Their only mistake:
They bought at the wrong place at the wrong time -- and lost their life
savings! And our legislators failed to pass bills to prevent this catastrophe!
And the Community Associations Institute (CAI), the trade organization
for attorneys and service providers, still claims that these associations
protect property values. What a sad joke!
The bill failed because of the banking industry and
their mighty "elected" allies in Tallahassee. Banks have caused the
whole problem, no matter how they twist it. Their lack of foresight caused our
real estate market -- and our economy -- to collapse. But the incompetence of
the bankers continues. Now they are destroying their own collateral, the
houses and condos whose owners default on the mortgages. Their
failure to help with the upkeep of these homes decreases the value of these
homes even more -- until there is nothing left to sell!
If you can still laugh, please read this article. It shows
how short-sighted bankers are. Now they are devaluating their own property --
the foreclosed upon homes.
Banks Leery of Lending in Some Communities
at: http://www.ccfj.net/HOAFLbanksleery.html
Going to Washington for another stimulus package seems to
be the bankers' goal -- claiming that all their collateral is worthless?
See: Condo Complex Abandoned After Foreclosures Hit
at: http://www.ccfj.net/TVCH4CBSForeclCrisis.html
The legislators who failed to take the necessary action to
stop the financial bleeding in our community associations are already
campaigning for "higher" office. It's time we voters finally act and
vote these "special interest" legislators out of office next year.
It's time that our citizens understand that it's more
important to vote in the general election than for a candidate of
"American Idol".
Just remember: Already a lot of people don't have TV
any more, because associations can't pay the monthly cable bills! And wire
coat hangers don't work as antennas any longer!
Warm
Regards,
Jan Bergemann, President
Cyber Citizens For Justice, Inc.
Dear Governor Charlie
Crist, Dear Lt. Governor Jeff Kottkamp, Dear Senators
and State Representatives,
Foreclosures, foreclosures and more foreclosures! That's the name of the game in many of Florida's homeowners' associations. But the so-called "Race to the Court House Steps" is costing associations often more money than they ever recover. Since "specialized" attorneys advise to lien and foreclose a.s.a.p., we give association boards enough reasons to think twice before taking these costly steps! And there are many good reasons not to listen blindly to these attorneys. Please read our take on liens and foreclosures in homeowners' associations -- and how boards should deal with this ever-growing problem. Please read: FORECLOSURES IN HOAs: GOOD BUSINESS? at: http://www.ccfj.net/CCFJHOAFORECLBadBusiness.htm Since our legislators once again failed to add consumer-protection to Florida's HOA statutes dealing with liens and foreclosures (FS 720.3085), boards need to take serious precautions before going gung-ho on liens and foreclosures. It would have been so easy to add some simple consumer-protection to H 921 + S 1986 . In a letter dated April 14, 2008, we had asked the bill sponsors Representative Evan Jenne and Senator Jeremy Ring to add some simple language (was attached to letter) to the bill requiring a first warning letter without added high attorney fees. We didn't even receive a response! It seems consumer-protection isn't high on the priority list of certain legislators!
And, who cares about consumer protection if special interest wants to have its way?
Warm
Regards,
Jan Bergemann, President
Cyber Citizens For Justice, Inc.
Dear Governor Charlie Crist, Dear Lt. Governor Jeff Kottkamp, Dear Senators and State Representatives, Foreclosures, foreclosures and more foreclosures! That's the name of the game in many of Florida's homeowners' associations -- many of these associations having severe problems keeping up with paying the bills -- bills from so-called bulk-contracts that are haunting association members. If neighbors have to pay for TV and security services for empty homes -- or homes being foreclosed upon -- it clearly shows the total insanity of these associations.
The so-called "Race to the Court House Steps" is just another gimmick to push blue-eyed board members into foreclosing on their neighbors -- to benefit the attorneys. Please read some facts about these foreclosures: FORECLOSURES IN HOAs: THROWING GOOD MONEY AFTER BAD? http://www.ccfj.net/CCFJHOAFORECLOSURES.htm Boards have to take control again and make the decisions necessary to protect the financial welfare of the association and its members. Too many of these board members blindly trust the "opinions" of the so-called professionals -- attorneys and community association managers. Please understand: These people are in it for making money, not to protect the owners' financial welfare. Filing for foreclosure on homes with no equity, paying legal fees that will never be recovered, is plainly bad business and creates an even bigger hole in the association's budget.
Let's face it: The only winners in this "Foreclosure Race" are the attorneys! Families lose their home, associations lose money on legal fees -- but attorneys are pushing board members to keep foreclosing for unpaid dues! Some managers and attorneys don't even ask the boards -- they just do it!
But our bad economy finally shows that the claim of associations protecting property values were just another fairy tale created by developers and service providers to lure potential buyers into these financial traps! Now, with many homes sitting empty and more in foreclosure, the neighbors get hit with huge due increases and special assessments, creating even more financial havoc among these homeowners -- and causing even more foreclosures!
Times have changed in Florida -- and methods have to change accordingly! DON'T THROW GOOD MONEY AFTER BAD MONEY -- IT'S COMMONLY CONSIDERED BAD BUSINESS!
Warm
Regards,
Jan Bergemann, President
Cyber Citizens For Justice, Inc.
Dear Governor Charlie
Crist, Dear Lt. Governor Jeff Kottkamp, Dear Legislators,
Friends and Members,
Everybody knows in the
meanwhile that Florida's homeowners and condo-owners are under financial
siege. A sudden sharp increase in insurance premiums, property taxes and
association assessments have left quite a lot of our neighbors asking: How do
we shoulder these new financial burdens?
In a very exciting fashion
-- something unknown in recent years -- our legislators held a special session
and came up with some solutions that will hopefully help to stop the
"bleeding!" It sure is a good foundation to build upon! Thank
you!
But as soon as our
legislators enacted a bill that will hopefully help owners with future
insurance premiums, the specialized association attorneys call publicly for
aggressive lien and foreclosure tactics, asking board members to kick out
families in need. What happened to the word "NEIGHBORLY" in our
society?
Please read my comments at: http://www.ccfj.net/CCFJaggrforecl.htm
Mr. Poliakoff should
acknowledge that not every Florida citizen is the founding principal and
president of a big law firm. And not everybody, who might have a temporary
problem keeping up with paying the bills, is a deadbeat, as Mr. Poliakoff
claimed in one of his recent columns. But I guess that's the attitude many of
these specialized association attorneys are having towards us homeowners. For
them we owners are a cash cow -- nothing else!
And as long as we have to
deal with this kind of attitude we will never see nice peaceful communities in
our neighborhoods! In my opinion these kind of attorneys are the problem,
definitely not the solution for the problems we are facing in our
associations!
Warm Regards,
Jan Bergemann, President
Cyber Citizens For Justice, Inc.
Dear Legislators, Friends and Members,
whatever you may wish your friends
and neighbors -- Merry Christmas, Happy Hanukkah or Happy Kwanzaa --
there are no Happy Holidays for a single mother with two kids in Sanford,
who just lost their home to foreclosure by a homeowners' association
-- or even two associations? Please read the article: 'Mistake'
costs family its home at The Springs
at: http://www.ccfj.net/foreclmistake.htm and
start wondering what exactly happened here! No matter who is to blame --
the mother, the HOA or the judge -- the result is bad enough -- and could
have been avoided if our Florida legislators would finally stop listening
to a small minority of attorneys who don't want to lose their easy income.
Liens and foreclosures for small amounts of dues owed don't protect
property values and don't help the community pay the bills. It just
helps to fatten the bank accounts of the specialized attorneys! Who
cares if a few families lose their homes -- as long as the attorneys income
is safe?
This is just another example why
safeguards have to be established by our legislators. Even the AARP
finally acknowledged a serious problem when it published the BILL of
RIGHTS for HOMEOWNERS in ASSOCIATIONS (See: http://www.ccfj.net/HOAbillintro.htm ).
Section 101 of this Sample Model Statute: The Right to Security
against Foreclosure (See: http://www.ccfj.net/HOAnatforecl.htm )
explains in uncertain terms what should be established by the Florida
Legislature:
I. An association shall not foreclose
against a homeowner except for significant unpaid assessments,
and any such foreclosure shall require judicial review to ensure
fairness.
Establishing legislative safeguards to
protect families against losing their home and life-savings to liens and
foreclosures for small amounts of unpaid dues should be a must in our
society! These safeguards wouldn't help "deadbeats" --
the stupid excuse used by "professionals" opposing these reforms
-- it would help families keeping their homes despite mistakes -- innocent
or not!
I wish you and your
families Merry Christmas, Happy Hanukkah and
Happy Kwanzaa.
But I hope you all take a
few minutes of your time and think about the need for legislative reforms
during the next legislative session, so that we don't see next year another
sad headline like this: 'Mistake'
costs family its home!
Happy Holidays!
Warm
Regards,
Jan Bergemann, President
Cyber Citizens For Justice, Inc.
Dear Governor
Jeb Bush, Dear Legislators, Friends and Members,
Today's headline
in the Sun Sentinel says it all:
CONDO
OWNERS NEED GOVERNMENT PROTECTION! THEY NEED SB 586 ENACTED!
Last Saturday, at
the Condo Reform Town Hall Meeting
in North Miami Beach, Leigh Katzman, the managing partner of the law
firm of Katzman & Korr P.A., claimed that there are just a few unlucky
owners complaining. Being German I know what wearing blinders can do to
people. We Germans filled whole chapters in history books ignoring the facts!
Just add another
1200 "unlucky ones" -- or do you think these condo-owners are
happy?
The aggressive
pursuit of alleged "unpaid dues" is one of the major issues we hear
all the time!
A bill like SB
586 is necessary to protect condo-owners against abusive liens and
foreclosures.
It has nothing to
do with protecting deadbeats as these attorneys, who have a serious financial
interest, want you to believe!
You saw
yesterday's article in the Miami
SunPost -- another case of abusive foreclosures!
When
will our legislators be willing to stop this abuse?
Warm Regards,
Jan Bergemann, President
Cyber Citizens For Justice, Inc. Dear
Governor, Dear Legislators, Friends and Members,
A Dade County Court
judge says it all in her ruling:
"Finally,
it is clear that the Association is merely a sham which does not exercise
any authority and acts solely at the behest of the management company.
Accordingly, Plaintiff has unclean hands in this lawsuit.
"Mr.
Dugger testified that the Board Members do not actually do any work, but
rather, all duties are delegated to the management company.
Indeed, the Board's own President has no idea who her Board Members
are or what procedures are being followed.
The DBPR was asked on more than one occasion to
help against the management company -- nothing was ever done! As usual!
The DBPR claimed that the existing laws don't cover these problems. Did we
see them file a bill to remedy the situation? Or may be they don't
want to get involved?
The judge was obviously more inclined to look into the
facts presented than the DBPR? Just look at her ruling!
For the owners this battle for survival -- ongoing since 2001 -- and protecting their homes is far from over. Owners will lead a big rally in their community on Thursday, February 9, 2006, at 6 p.m. to create even more awareness for their problems. (More info to follow!) Everybody's participation is much appreciated!
Some poor families already lost their homes -- because
they didn't have the means to defend themselves -- not because it was
right -- or they were deadbeats! When will our government be willing to
protect the people under siege by these kind of professionals? When will
we see bills enacted that protect homeowners in associations against these
abusive methods? California already enacted a bill -- signed by Governor
Schwarzenegger -- a good start! Arizona legislators obviously follow suit.
A bill protecting owners against foreclosures is passing committees with
unanimous votes of approval. When will Florida follow? What has to happen
in Florida that our legislators finally realize that owners need
safeguards against these predators?
Senator Siplin's bill SB
568 is a good start -- but needs amendments.
And don't believe the attorneys trying to tell you it protects deadbeats. It
doesn't! It protects families against predatory foreclosure and
outrageous attorney bills. And it finally creates "DUE
Process", one of the main foundations our society is built
upon!
Warm Regards,
Jan Bergemann, President
Cyber Citizens For Justice, Inc. Dear Governor, Dear Legislators, Friends and Members,
Legislators in California are working hard to RIGHT A WRONG:
No more liens and
foreclosures by associations on families' homes for ridiculous small
amounts of unpaid dues.
SB 137,
the bill sponsored by Senator Ducheny and many other CA legislators, aimed at
protecting owners in associations against abusive liens and foreclosures, was
amended on Monday and now fulfills -- according to the bill sponsors -- the
requirements the Governor had asked to add in order for him to sign the bill
into law. Remember, last year he vetoed a very similar bill after it
passed the CA legislature nearly unanimously.
See the
amended bill at: http://www.ccfj.net/HOACASB137amended.html
The bill has already passed
all necessary committees with overwhelming votes of approval. No more foreclosures
for unpaid dues under $1,500! And some more safeguards
to protect families against losing their homes -- or pay outrageous
attorneys' fees -- for small amounts of unpaid dues!
It's high time that this
bill is finally signed into law! California will set a great precedent! Does
Florida follow or is consumer protection not high on the list of our
legislators?
The CA bill is
supported by large senior citizens' advocacy groups and big national groups
protecting the rights of minorities -- like the League of United Latin
American Citizens (LULAC).
It seems that California's
legislators have finally realized what these association foreclosures are
really all about: Creating huge attorney's fees without real due process. Why
are these attorneys and some power-hungry board members unwilling to accept
the regular way of doing business by getting a judgment in Small Claims
Court? Because they couldn't charge these outrageous attorneys' fees! No
judge in his right mind would allow this! And the homeowner would have to be
notified of the court proceedings. They would have to be officially served
with a summons. Not just a statement by an attorney that a letter was mailed
to the homeowner.
And it is not about
protecting associations and their members against deadbeats. Some attorney
firms have created collection departments that do nothing else than sending
out lien and foreclosure notices -- by regular mail to whatever address they
just have available -- and are making a fortune doing just that!
Florida's homeowners
definitely need the same kind of protection against abuses. A bill like this
should be one of the top priorities for the next legislative session. Our
seniors and minority groups don't need this abuse! We hope to see
this bill sponsored by legislators willing to protect their constituents and
co-sponsored by many other Senators and Representatives -- as we have
seen it happen in California -- where the problem is the same as
here in Florida!
Jan Bergemann, President
Cyber Citizens For Justice, Inc.
Dear Governor, Dear Legislators, Friends and Members,
another family in Florida
lost their home due to foreclosure by a homeowners' association in Venice, FL.
If our legislators would
have passed SB 2632 -- the bill that would have effectively restricted
foreclosures in associations -- a single mother of three would still
have a home. See the story at: http://www.ccfj.net/foreclVenice.htm
But it seems for many
legislators it's more important to protect the welfare of attorneys and the
greed of "investors" than the welfare of Florida's families. What a
shame!
The spokesperson for
Becker & Poliakoff, Donna Berger, was quoted again saying that it is
necessary to keep foreclosure alive -- for the protection of the associations.
That's like Fidel Castro claiming he needs his dictatorship for the
protection of Cuba's citizens. Give me a break!
The bill restricting
predatory foreclosure will be back next year -- with hopefully a lot more
support from our legislators. California's legislators already threw their
full support behind this bill -- twice! If our state of Florida is not willing
to protect the welfare of our citizens, even of the citizens who may run into
financial problems, we are not better than dictatorships or communist
countries! These are not dead beats, these are hard working families
trying to make ends meet!
In former times neighbors
brought food to neighbors in need -- today's society serves foreclosure
papers!
THIS IS DEFINITELY
A LOT OF FOOD FOR THOUGHT!
Warm Regards
Jan Bergemann, President
Cyber Citizens For Justice, Inc. Dear
Governor, Dear Legislators, Friends and Members, The
so-called Anti-Foreclosure Bill, vetoed in 2004 by Governor Schwarzenegger, is
again on the march through the CA legislature.
Already SB 137 has nearly unanimously passed all committees.
Obviously, it is again on its way to the desk of the CA Governor. The bill is sponsored and strongly supported by the California Alliance of Retired Americans (CARA). Just look who is opposing the bill -- again: All of the well-known service providers that will lose lots of income, if the bill finally becomes law. But I think the legislators have finally figured out why these service providers oppose the bill. Those service providers fear for their EASY INCOME, not because they are concerned for the welfare of the owners and associations. We
have the same serious problem in our associations in Florida.
This bill doesn't support deadbeats -- as the service providers tried
to tell our legislators during the 2005 legislative session.
This bill protects families against losing their homes for
ridiculously small amounts of unpaid dues!
We will see this bill again during next year's session here in Florida.
Hopefully, many of our legislators have found the time to figure out
what's right and wrong and will support the bill to save homes against abusive
foreclosures and outrageous attorneys' fees!
It seems the media already has the right idea:
See cartoon below! Warm Regards
Jan Bergemann, President
Dear Governor Jeb Bush,
with all due respect, but I guess the Florida House has no consideration for the work of HOA Task Force you created or the property rights of owners' in associations!
The House voted today 99
-11 for a measure allowing liens and foreclosures for fines -- again!
That was one of the most
important reforms achieved by your HOA Task Force.
While other states are in
the process of removing the provisions for liens and foreclosures for fines,
it seems Florida is allowing again this great tool for abusing neighbors'
property rights. It seems that the many horror stories we heard during
Task Force meetings were still not enough? How many more people have
to lose their homes before all our legislators wake up?
If the Florida Senate goes
along with the unbelievable decision of the House Representatives, we
will have to ask you to veto it!
Otherwise it's like: The
Governor gives it and the Governor takes it away?
The media up North is
watching Florida's legislation carefully, since their retirees are coming down
here to live and spend their money.
I'm sure they will be glad
to report that a majority of Florida's legislators have very little regard for
people's property rights and rather give power-hungry neighbors and greedy
attorneys the right to take families' homes away. Is that what you want to be
known as your legacy as Florida's Governor?
I am seriously
disappointed that a State like Florida allows methods that were not even
allowed in former East Germany under Communist ruling. They could send
you to prison, but not take your home away because some neighbors had
something against a flag pole or a flower bed. The next patriot flying a flag
from a flag pole will again find a lien on his property and the attempt to
foreclose on his/her home! The claim we heard so often:
Oh, it's not the
flag -- it's the flag pole!
WELCOME
TO FRAUD FRIENDLY FLORIDA!
Sincerely
Jan Bergemann
Dear Governor Jeb Bush,
Senate President Tom Lee and House Speaker Allan Bense,
I was very pleased to see
that you all supported the Florida Justice Reform Institute (FJRI) in
advocating for measures to rein in lawsuit abuse and bring fairness, common
sense and predictability to our civil justice system.
Please see to it that the
same fairness comes to homeowners and condo-owners who are under siege by law
firms who abuse rights given to them by the legislature. Florida's homeowners
and condo-owners are paying a heavy price for the many law suits that are
filed by over-eager board members and their attorneys.
These same law firms are
defending foreclosure rights against so-called deadbeats. I didn't know that
an 89-year old lady who forgot to pay $3.50 in late fees qualifies as
deadbeat? Minimum not where I came from! This is just one of many bad
examples. These cases, where families lose their home for small amounts of
unpaid dues, have to stop. They are a disgrace to our society. As the saying
goes: The punishment doesn't fit the crime!
Homeowners are being sued
for wrong color of flowers in the flower-bed, wrong shade of color on the
walls of their home and overweight of their pet. Where do we stop? This
is absolutely ridiculous and serves nobody but the bank accounts of certain
attorneys. And the owners pay -- win or lose!
Please support our quest
for more FAIRNESS in our associations. We need peace in our communities, not a
war zone created by ridiculous law suits!
Please help us to bring
the much needed peace back in our communities. Your help will be much
appreciated!
Could I please ask you to
work with us to create an owner-friendly climate in our communities?
Thank you for listening to
my concerns!
Warm Regards
IN ALLIANCE WITH:
League of United Latin American Citizens (LULAC) Service Employees International Union (SEIU) Local 11 Property Owners Association in the Villages (POA) Fair Housing Center of the Greater Palm Beaches (FHCGPB) Consumer Advocacy Network (CAN)
Dear
Governor, Legislators, Friends and Members,
many owners living in associations in
Florida will mark today's date in the calendar as the day when the bill was
published that, if enacted, will finally stop the abusive foreclosure
procedures that don't serve the welfare of the associations but the wallet
of the attorneys involved.
Thank you, Senator Gary Siplin,
for sponsoring this bill in the Senate!
Please see bill at: http://www.ccfj.net/PB05SB2632.html
This bill will be a bi-partisan effort as
well, since the abuses have been widely published in the media. This is the
same bill that Governor Schwarzenegger vetoed last year in CA after the CA
Senate voted 32-1 in favor of this bill. He was being asked to
veto this bill by the members of the COMMUNITY ASSOCIATIONS INSTITUTE,
the trade organization mostly representing the interests of a few
specialized attorneys, who love to claim that they are working in the
interest of the many associations they represent!
For your information: The
CA Legislators have refiled this bill again for this year's session because
they are convinced that this is the correct way to stop these abuses!
But I guess we will hear the Chicken
Little theory again. There are many associations here in FL that don't
have the right to foreclose. Ever heard that one of them declared
bankruptcy? I have not! But we have seen associations declaring bankruptcy
after expensive law suit -- just look at Nature Watch in Pinellas
County!
There 192 homeowners were
threatened with foreclosure! Just ask Senator Mike Fasano!
We just hope that the Florida
Senate will come back with the same verdict as the CA Senate: 32-1 in favor
of this bill: SB 2632.
Dear Senators, please co-sponsor
and support this bill that is so important for the welfare of
many of your constituents, especially many elderly on a fixed income who
have no money to fight the well-oiled foreclosure-machinery of the
specialized attorney firms!
We are not in favor of dead beats --
neither is this bill -- but we are definitely against ABUSIVE
FORECLOSURES! SO IS THIS BILL!
Stay tuned -- much more to come! And please support our efforts for a more peaceful life in associations. GIVE ASSOCIATIONS BACK TO THE OWNERS
Warm Regards
IN ALLIANCE WITH:
League of United Latin American Citizens (LULAC) Service Employees International Union (SEIU) Local 11 Property Owners Association in the Villages (POA) Fair Housing Center of the Greater Palm Beaches (FHCGPB) Consumer Advocacy Network (CAN) Dear
Governor, Dear Legislators, Dear Friends and Members, HOA
Anti-Foreclosure bills seem to be the hot topic in many states.
It seems legislators are finally waking up to realize that this abuse has
to come to an end. It's a shame that things like that are allowed in our great
nation. Last
week AZ started, TX followed -- and this week Senator Ducheny refiled last
year's bill in CA. That was the bill finally vetoed by Governor Schwarzenegger,
much to the dismay of many consumer groups. This bill, that doesn't allow
foreclosures for unpaid dues under $2,500, had already passed the CA legislature
with flying colors. It
had passed the CA Senate with a 33-1 favorable vote and the assembly with a
69-7 vote. CA legislators were
pretty unhappy about the fact that a member of the CAI (Community Associations
Institute) commented on the veto of the Governor with these words:
"Thankfully, more rational thinking prevailed and the California initiative
was defeated." Shows
what the CAI thinks about CA Senators and Representatives! But the coalition against foreclosures is growing. After talks initiated by Governor Schwarzenegger failed to create results, CA legislators decided to again file more or less the same bill as last year. See: http://www.ccfj.net/HOACAnewforeclbill.html It will definitely be a test of power and many informed insiders are asking the question: "Will the Governor, already under heavy fire for protecting special interests, dare to veto this bill again when it's presented to him for signature?” Many knowledgeable persons doubt that he will again dare to challenge his legislators -- like last year!
Who, in his right mind, can favor foreclosing on homes of families for small amounts of unpaid association dues? This will be as well the question we will face here in Florida during the upcoming legislative session! Have a great weekend!
Warm Regards, Jan
Bergemann, President Dear
Governor, Dear Legislators, Dear Friends and Members, Foreclosures in associations are a serious issue, discussed at length, but never really acted upon. Despite the fact that we all know that what is going on isn't right, we still haven't worked together in order to stop this abuse. This has to change!
I think we all agree that we don't approve of deadbeats, but the abused power of foreclosure already has left quite a few families homeless. I don't think we have in Florida the Homestead Protection Act in order to allow associations to kick people out of their homes for a few dollars in unpaid dues. Please
read yesterday's article about foreclosures in the Miami Herald: FORECLOSURE -- Small debt can spiral into loss of home
In my opinion, and that of many others, our society fails to meet its duties if an association can throw a family out on the street for a few dollars in unpaid dues. Sorry, I just think it's ridiculous!
And it seems even the parties who make a good living of this lien and foreclosure business are agreeing "that the Legislature should look at curbing abuses -- such as outrageous legal fees or an association foreclosing on an owner who owes a few dollars" -- see quote of Attorneys Donna Berger and Randall Roger. Attorney Randall Roger, the attorney who handled the foreclosure of the Denson home and made four little kids homeless, was quoted as saying: ''My job is not a pleasant one!'' Last I heard we still have free choice of profession in this country?
Anyway, all this is plainly lip-service, since every proposal to curb these powers and to put an end to foreclosure has been opposed by just these same attorneys. They never make their own proposals to stop the abuse, but they fight every bill proposed to create reforms. See the latest Anti-Foreclosure Bill in CA. I understand this absolutely! Where else can you make quickly $4,500 in legal fees just by having a secretary change names and addresses on a computer form? They are right, we don't hear about too many families losing their homes, but even a few are already too many. Actually, most people are able to save their homes by paying the required outrageous sums to save them from foreclosure. And this just has to stop!
We are proposing a bill that will stop these abuses, which plainly don't belong in our society. Dear Legislators: Please help by voting in favor of this bill. And don't believe the attorneys when they will come to you with the “Chicken Little Story.” The sky will not fall down on us! There are many associations that don't have the right to lien and foreclose. Not one of them has declared bankruptcy because a few members didn't pay their dues on time!
Jan
Bergemann, President IN
ALLIANCE WITH: Dear Legislators, Friends and Members, The California Senate unanimously voted
in favor of a bill that would limit non-judicial foreclosures in
homeowners' associations. As expected, CAI and ECHO, the voices
of the trade-organizations, seriously opposed this bill, painting DOOM
FOR ASSOCIATIONS on the wall. Please note in the article: "attempts in
California, Arizona and other states to ban most home foreclosures have
been blocked by political groups representing association boards, property
managers and attorneys."
If this bill will get signed into law by Governor Schwarzenegger, who was raised in a country where homeowners' associations are illegal for obvious purposes, many homeowners living in associations can breathe a sigh of relief. We are not talking about deadbeats, we are talking here about people, who for one reason or the other failed to pay the dues. In a state with many retirees "Senior Moments" may be e of these reasons. But losing a family home for small amounts of unpaid dues is definitely not in the interest of our society. The punishment definitely doesn't fit the crime! Hopefully Florida's legislators will see the writing on the wall and will take similar action next year. It is about time to protect homeowners against special interests! Warm Regards
Please read complete article:
Dear friends, Following is an open letter to Governor Jeb Bush, et al., Dear Governor Jeb Bush, Sir, as you know, our organization, in partnership with Cyber Citizens For Justice, is attempting to prevent homeowners' associations from foreclosing on property in deed restricted communities. Please read the latest example of the power HOAs in Florida are preceived to possess to understand why we continue to maintain our advocacy in these matters. We hope there's another alternative you and/or your legal counsel can find to keep this individual from being tossed out onto the street. We look forward to your immediate attention to this matter. We have suppressed the senders name, address and telephone number but can provide when you're ready to intervene. To other recipients: if you have a practical solution to remedy this dispute please contact us; ASAP! Please be advised, we do not condone delinquencies but we do believe there must be other alternatives toward resolution of a forced sale of an owners' property. As a result, we have requested members of our Legislature to adopt the principles advanced in our JOINT RESOLUTION which is familiar to you. We believe, adoption of same would serve to clarify the homestead exemption outlined in the Florida Constitution. BTW, next time you visit our Web site, please sign our Guest Book and consider clicking on that ever present JOIN button. WE NEED YOU! Thank you very much. Sincerely,
October 13, 2003 CYBER CITIZENS FOR JUSTICE, INC.
The Volusia County continuum of care apparently has no services or resources to prevent housed persons from becoming homeless or to provide prevention assistance for families facing foreclosure due to financial emergencies e.g. Emergency Shelter Grants. Although I have contacted dozens of local, state and federal agencies, I have been unable to locate any emergency financial assistance for homeless prevention in Volusia County. I am sending this email as a desperate last attempt at finding some way to prevent myself from becoming one of the homeless. I am 44 years old and have been a taxpayer since I was a teenager. I lost my job as an accountant 11/2001 and have been unemployed since then. I have been legally blind my entire life, but did not apply for SSA disability until I lost my job 11/2001, which I started receiving 05/2002. The major problem is that I have not found another job and have been unable to stay completely caught up on my debts. Now it looks like I will lose my home over less than two thousand dollars that is owed to my homeowner's association. I am unable to find a bank to refinance my mortgage because of my income/credit history. I am trying to determine if there is any type of emergency financial assistance available to help pay off the balance due in order to avoid foreclosure. After researching all the programs, grants and loans and contacting dozens of agencies, I have still not found anything that I qualify for. I have been told that no program exists to help someone in my situation. That appears to be a fact. I am currently in a Vocational Rehab program with Blind Services of Florida, but they are unable to provide any assistance. I have also contacted Central Florida Legal Services but they were unable to take my case. The Department of Children and Families cannot help unless I have a child who permanently resides with me. (Even though I have two children who stay with me every other weekend, during holidays and during the summer.) At a hearing 09/30/2003 the judge set a date for the forced sale of my home on 11/14/2003. The total due is $1,669.45. ($220 is HOA fees and the rest is attorney fees.) If I can pay this off by 11/14/2003 I can stop the forced sale of my home. I am trying to make sure that I do all that I can to avoid losing my home over a relatively small amount of money. I always believed that I would get another job, get off the SSA within a few months, and get right back to being a productive member of our society, but now being homeless is the reality. If you have any ideas on where I may find
assistance, I would be very thankful if you would please contact me at
the telephone number or email address shown below. I greatly appreciate
any help you can provide.
Thank you, Richard
while thousands of interested home- and condo-owners - and voters - in Florida are still waiting for your response to the Open Letter dated 5-13-2003 - see : http://www.ccfj.net/Govopenletter5-13-03.html the serious problems in Florida's home- and condo associations continue. Deputy Solicitor General Lynn Hearn from
the Attorney General's office is arguing in court in Palm Beach to avoid
the foreclosure of the home of Jupiter flag-flyer George Andres and quotes
Florida's homestead exemption which establishes a constitutional protection
against the sale of a home to collect a debt - see : http://www.ccfj.net/flyoldglory38.html.
But in the meanwhile the attorneys for HOAs and Condo associations are targeting more and more low income families and retirees on a fixed income to foreclose on their homes. These people don't have the protection of widely publicized court cases. Most of them are unable to pay the retainer to hire an attorney to protect their interests, ignoring the fact that just recently the Federal Court in Miami ruled that HOA attorneys are debt collectors regulated by the FDCPA, see court case : http://www.ccfj.net/courtdecFLFDCPA.html That doesn't stop these people and since our Florida government seems to be unwilling to protect the home- and unit-owners who can't protect themselves, the big business with liens and foreclosures is continuing on a daily basis. Just this morning I received an e-mail from an elderly couple with already enough personal problems pleading for help to avoid losing their home - see below! I removed names in order to protect the sender. Since the word "neighborly" seems to be non-existing in our society and our government fails to protect these people in need the abuse is going on undisturbed. When will it finally stop?
Regards
Anyway one week ago
they sent a letter from their attorney that they had started foreclosure
procedures on our home. All because I owed 3 months of dues in the
amount of $750.81. The association is quite aware of my situation
but now act as if they never did. My husband and I became disabled
2 years ago. I had been working for a big and well known Video company
for 15 years as a District Mgr. and I had to leave work for my illness.
My health is very bad I need a Transplant and I see a Specialist at the
University of Miami. I am on all types of meds and chemotherapy,
biopsies, tests all the time. My husband also has this disease plus
has had 3 major back surgeries leaving him with 8 pins and 3 rods in his
back as well as degenerative bone disease. I have gone thru all my
savings, my 401K is worth nothing because of the money I lost in investments
and a loan I had to get out.
Putting it down on
paper is a great relief but I am so scared of losing our home. When I have
no control over what has happened I use a cane and my husband a wheelchair.
Thank you for all you do!
To: Marion County Legislative Delegation, et al., Dear Senator's and Honorable Representative's, The members of Cyber Citizens For Justice, Inc., a Florida not for profit corporation, in which I serve as Director at Large responsible for public relations believe the Florida Constitution has been and continues to be incorrectly interpreted and utlized as a tool for mandatory homeowners associations (HOA's) to foreclose on homestead property for failure of residents to pay 'assessments.' Although we do not condone delinquent payments or failure to pay appropriate assessments or fees to the association several instances involving nominal overdue assessments have resulted in foreclosures and evictions. The Citizens of our state must be permitted to determine if HOA's will continue to exercise a right promulgated by developers rather than the intent of the Florida Constitution to exempt homestead property from these types of foreclosures. Therefore, we're encourgaging you and your colleagues to advance the JOINT RESOLUTION transcribed below during the Florida 2002 Legislative session. Incidentally, the Senate in the state of Texas has been reviewing similar matters and has scheduled a public hearing later this month to discuss the important issue of rampant foreclosures by HOA's in their state. Thank you for your consideration in this
matter. We look forward to your support and response.
*********************** JOINT RESOLUTION *************
BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES OF THE STATE OF FLORIDA, THE SENATE CONCURRING: SECTION 1. ARTICLE X Section
4. Homestead, exemptions.-
(a) An obligation to pay homeowners association fees and/or assessments for maintenance and ownership of common areas, facilities and services is a debt for which an encumbrance may be fixed on homestead property. The homestead, however, is protected from forced sale for the payment of a debt described by this section. SECTION 2. This proposed Constitutional amendement shall be submitted to the voters at an election to be held November 6, 2002. The ballot shall be printed to permit voting for or against the proposition. "The Constitutional amendment
permits an encumbrance to be fixed on homestead property for an obligation
to pay certain homeowners association fees and/or assessments without permitting
the forced sale of the homestead."
While we don't approve of delinquency the real issue is; Should HOA's continue foreclosing on homestead property in Texas, Florida and elsewhere? As in Texas, our state continues to permit these types of foreclosures, seemingly in violation of the Florida state Constitution. We've attempted to place this issue on the table and will do so again and again until an appropriate review ensues. Our Joint Resolution, available at our Web site, was sent to members of the Legislature, Governor Jeb Bush, et al., to consider this issue during the 2001 session but fell on deaf ears. Visit our site, read the resolution, print a copy and send to every member of your Legislative delegation. Ask for appropriate consideration. Send us a copy of the responses or lack thereof. Thank you. While visiting our site, check us out, make time to sign our Guest Book and consider clicking on that every present JOIN button. Help us to achieve common goals and objectives. In the meantime, read the full story of the evicted widow in Texas, courtesy of writer Alan Bernstein of the Houston Chronicle. * SEE BELOW * While you'll note comments re HOA foreclosure in the story there is more going on in Texas which we'll report in another dispatch. Stay Tuned! The best to you and yours,
The foreclosure debate continues in Texas and is heating up in Florida. Our Joint Resolution which you can read at our Web site was sent to Legislative leaders and Governor Jeb Bush prior to the 2001 session wherein we opined; HOA's are violating the Florida Constitution by foreclosing on homestead property and there must be a better way. While we don't condone delinquency we remain undaunted in our efforts to bring this issue to the table for discussion, resolution and diminish the ability of HOA's in Florida to foreclose for the unjust enrichment of others. The Texas effort by our friends and consumer advocates, especially, Steve and Geneva with the cooperation of the Legislature could set the stage to achieve similar goals in Florida during the 2002 Legislative session? * SEE BELOW * We're monitoring the situation in the Lone Star State to determine if the Sunshine State will shed appropriate light on this ongoing situation in our state. For Example: Yesterday we reviewed a case folder wherein the Clerk of the 5th Circuit Court will sell a private residence (for the second time) on behalf of a CONDO association in Marion county. Before the first sale to the highest and only bidder which happens to be the plaintiff's attorney and relative of the developr, the Sheriff provided notice to the court that; '...a diligent search and inquiry seeking to locate the defendants (was made) but (the Sheriff) has not been able to find them.' The plaintiffs attorney attested to the judge; '...the defendants are concealing themselves so that process cannot be personally served upon them and affiant believes there is no person in the state upon whom service of process would bind said concealed defendants....the residence of the defendants is unknown and therefore plaintiff desires to publish a notice of action in the Ocala Star-Banner...' Viola!...foreclosure sale goes forward after attempts to locate the defendants are unsuccessful, again. Subsequent to the purchase at foreclosure sale the defendant (the wife) living approximately 25 miles South of Ocala engaged the service of a competent bankruptcy attorney seeking protection of the homestead which results in an automatic stay of State Court proceedings. However, the stay is lifted in U.S. Court and an agreement is signed by both attorney's. The Clerk of the 5th Circuit court will sell the property at a foreclosure sale, for the second time, on June 4, 2001. There are several interesting aspects to this example while certain facts are not recorded in the case documents. We do know; the plaintiff's attorney was the sole bidder and purchased the property at the first auction; the wife of the defendant (which couldn't be located by the Sheriff or the attorney) lives approximately 25 miles South of Ocala. We don't know; why the homestead wasn't protected in the bankruptcy proceedings, (except it was noticed subsequent to the purchase); nor who the highest bidder will be on June 4th? BTW, if you can, take time to answer the poll being provided by the Houston Chronicle. The poll is shown on the right side of the article at their Web site. If you're unable to access the story, as provided, please let us know. Thank you for your consideration in this matter. We look forward to your comments and/or suggestions. The best to you and yours,
AUSTIN -- The Texas Senate overwhelmingly
approved a bill Wednesday that would restrict the use of foreclosures by
homeowners associations and provide financial relief to an elderly Houston
widow who lost her home because of late dues.
We believe access to the story from the St. Pete Times, courtesy of our President, concerning the decision of the judge in the Hammer case is very interesting. Woman can keep house, judge says (click on headline to read!) Can this be a sign of the times? Will our Legisature decide to amend our foreclosure laws to insure a percentage of the appraised and/or market value of property being auctioned at the courthouses in Florida must be reasonable and fair to the original owner? Many of you remember the foreclosure, last year, of a home in Ocala by a homeowners association (HOA). At auction the HOA bid $2,000 but was topped by an attorney's bid of $2,100 for property worth in excess of $160,000. Despite a quit claim deed filed by the attorney to return the home to the original owner she didn't pay the necessary fees to retrieve the deed but has remained in the home. However, as of 11 December 2000, the attorney transferred the property to another attorney (an eviction expert) for the sum of $10.00 but the second eviction was postponed by a 5th Circuit Court judge. After the mortgage company was provided copies of the original events leading up to the original foreclosure and auction it decided to review this case before proceeding any further. In the meantime, a court appointed attorney and guardian intervened on behalf of the current resident and original owner of the home. This case is still pending! Incidentally, to our national friends: are there provisions in your foreclosure statutes pertaining to 'unjust enrichment' of the 'ambulance chasers' and/or appropriate value of property before the bids are forthcoming at the auction sale?
You'll notice; our friend, Steve, in TX has been able to find a sponsor for their "JOINT RESOLUTION" , HJR48 by Dutton, which is a mirror image of that which Cyber Citizens For Justice, Inc. has proposed to all Republican and Democratic leaders of the Florida legislature. In Florida, nary a whimper from any of our leaders, except to my knowledge, Rep. Doug Wiles from St. Augustine, who expressed an interest. Steve, please let us know how this goes
down? Thank you.
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