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Dear
Governor Charlie
Crist, Dear Lt. Governor Jeff Kottkamp, Dear Senators, Dear State
Representatives, Friends and Members,
In quite a few recent newspaper articles we were told that there have been two surveys conducted that dealt with HOA REFORM. One article went so far to state that these "surveys mirror each other." We think it is important that everybody understands that CCFJ conducted a real survey, while CAN (Community Advocacy Network -- the lobbying group of the law firm of Katzman Garfinkel) conducted a so-called push poll. HUGE DIFFERENCE!
While CCFJ analyzed 1033 valid responses from citizens from all over Florida, CAN based its "findings" on 282 anonymous responses from who knows whom! Especially Donna Berger's (CAN) claim that the push poll showed that "Boards want more power" was definitely not based on the answers to questions of this push poll. Not sure where she got that from? Attorney's imagination?
Please read the explanations about the big difference between a survey and a push poll, written by David I. Goldenberg, Ph.D. His article explains why results differ and what happens if questions are being asked without providing necessary explanation.
Please read this interesting article written by a "SURVEY EXPERT" at: http://www.ccfj.net/CCFJHOASURVEYDGECPL.htm This survey shows what the owners really want, not what lobbyist groups"sell" as the opinion of the owners.
Warm Regards,
Jan Bergemann, President
Cyber Citizens For Justice, Inc.
Dear Governor Charlie
Crist, Dear Lt. Governor Jeff Kottkamp, Dear Legislators, Friends and
Members,
Newspaper
headlines like this: "As Tax Notices Arrive This Month,
Homeowners Find Ugly Shock" can be found all over the state in
the moment. Property taxes continue to haunt Florida's
homeowners.
But
in Palm-Aire (Pompano Beach) voters were lured into voting for a Special
Tax District -- under false pretenses. The misleading propaganda was paid
for with condo association funds, violating Florida statutes. The one
behind it: Pompano Beach Vice Mayor George Brummer and the so-called
"Palm-Aire Council of Presidents", an unofficial entity that
helped to collect funds from condo associations -- calling it the
"GREEN SPACE PROJECT!" According to Florida statutes condo
associations are not allowed to use association funds for lobbying
purposes. The DBPR confirmed that in various rulings! But when angry
condo owners checked the financial records of their associations, they
found a lot more wrong than just donations to a committee trying to create
a Special Tax District. From Christmas bonuses to bills paid without
proper invoices, it was all there. Please read my opinion about these
financial "irregularities" at:
It
is high time that the State of Florida and its law enforcement agencies
put a stop to the abuse of association funds by board members, who
consider association funds their private piggy bank!
And
there is nothing worse than an elected official with a private agenda,
like Pompano Beach Vice Mayor George Brummer. He really worked hard
to increase the already outrageous high property taxes in the Palm-Aire
district!
Warm
Regards,
Jan Bergemann, President
Cyber Citizens For Justice, Inc. Dear Governor Charlie Crist, Dear Lt. Governor Jeff Kottkamp, Dear Legislators, Friends and Members,
Latest after the first three meetings of the House Select Committee the old fairy tale of the association attorneys that just a "few disgruntled owners are whining" can finally be laid to rest. The meeting rooms are packed -- and the presentations of the many owners -- willing to travel far distances to be heard -- can all be summed up in one little sentence: Total lack of enforcement and total lack of accountability of the people in charge. This creates the many problems the committee members hear about -- wherever they go! The excuse used by legislators from Central and North Florida that the problems only exist in South Florida were proven wrong in Orlando. And just wait for Tampa! Many folks living West of Orlando were told to go to the Tampa meeting because the conference room in Orlando was small!
Please read my report and comments about the
Orlando meeting. It was just another eye-opener!
Just a little note that might give you a better
picture how big the problems in some of these associations really are:
The meetings of the Select Committee draw bigger crowds than some of the big well-advertised rallies we saw about property tax reforms!
WHAT DOES THAT TELL YOU?
It is time that the statutes regulating
associations are overhauled and real enforcement tools are created. Owners
need real reforms, not just more band-aids! Legislators have to put a stop
to financial mismanagement,
uncontrolled spending, and even clear embezzlement in our associations and
stop the financial bleeding many of our neighbors just can’t afford any
longer. We need enforcement and accountability of the people in charge.
If you're interested, please don't miss the next
meeting of the Select Committee in Tampa on Saturday, February 23,
2008!
Go here for more details: http://www.ccfj.net/HSCTampameetnotice.html See you there!
And last not least: A BIG THANK YOU
TO THE MEMBERS OF THE HOUSE SELECT COMMITTEE, who are willing to
give their Saturdays listening to the problems of their constituents. We all
should be thankful that there are still legislators willing to listen to us
little guys, who can't afford fancy lobbyists!
Warm Regards,
Jan Bergemann, President
Cyber Citizens For Justice, Inc.
Dear Governor Charlie
Crist, Dear Lt. Governor Jeff Kottkamp, Dear Legislators,
Friends and Members,
First it was CALL -- now
it is CAN! Donna Berger is singing the same old song: The organization I
represent speaks for thousands of owners, it's the "unified
voice" of all the owners.
Listen up, according to
Donna Berger (quote): "When CAN speaks, it sends a clear message
that’s backed with the power of thousands of voices," she speaks for
thousands of owners.
Oops, what happened to
Gary Poliakoff's "CALL"? Remember, Donna Berger made the claim
that CALL represents the voices of the owners, when being the CALL-Lady? Now
they all followed her to CAN?
Just kidding! I'm just
trying to show how pathetic her claims really are.
She paired with two
other well-known attorneys -- Leigh Katzman and Peter Dunbar -- whose
reputation among owners isn't the "best" -- to be polite. But they
sure have a huge EGO (quote): "CAN is spearheaded
by Florida’s most knowledgeable community association law attorneys."
Please read my opinion
about this new "organization" and the attorneys
"spearheading" it at: http://www.ccfj.net/CCFJCANDONNABERGER.htm
They are asking
well-meaning board members to finance their organization with association
dues.
Beware: These fees will be used -- according to the press release -- to effect positive change! Positive change to what? The bank accounts of these "specialized attorneys"?
And please consider that
most association documents don't allow dues to be used for lobbying efforts.
Shouldn't they know that, being -- according to their own words --
"Florida’s most knowledgeable community association law
attorneys?"
Warm Regards,
Jan Bergemann, President
Cyber Citizens For Justice, Inc.
Dear
Homeowners and Condo-Owners, Friends and Members,
It seems pretty obvious that our legislators will fail to come up with solutions that will solve the serious problems that are facing our Florida citizens. Personally, the ballot initiative we will vote on in January 2008 will fall way short of what is really needed to stop the downfall of our economy that creates serious financial hardship to many of our citizens.
Nothing really "dropped like a rock" -- from property insurance premiums to property taxes, there is no relief in sight.
That leaves us citizens with the initiative to take the necessary steps to assure that we get the financial relief we so desperately need to assure the welfare of our families. Legislators will have another shot at fixing the property insurance crisis. If they don't, another ballot initiative may be needed to find the fix to assure that we have affordable insurance premiums. GO
HERE, LOOK AT THE PROPOSALS AND MAIL IN THE PETITIONS! http://www.ccfj.net/CCFJ2008Petitions.htm
Don't forget: If we don't help ourselves, nobody will help us! Get going, folks!
Warm
Regards,
Jan Bergemann, President
Cyber Citizens For Justice, Inc.
Dear Governor Charlie
Crist, Dear Lt. Governor Jeff Kottkamp, Dear Legislators, Friends
and Members,
Since
there are very few places owners living in mandatory associations can turn
to in order to find information, we have created a new website -- a
work in progress -- that is supposed to help owners -- and board members --
to deal with the daily problems in our associations.
Please
take a look at our new website at: http://www.ccfjedu.net and
bookmark it for future references!
KNOWLEDGE
IS POWER!
You'll
find "our" interpretations of Florida Statutes -- and some
suggestions how to deal with them! Especially some of the newly enacted
provisions in FS 720 (homeowners' associations) may create some headaches
for owners, because our legislators enacted provisions without
providing the necessary tools. FS 720.311 requires the aggrieved
party to offer presuit mediation and supply the names, addresses, telephone
numbers, and hourly rates of certified mediators. In short:
Such a list doesn't exist according to the Florida Supreme Court.
We have attempted to create such a list by contacting about 1700 mediators
on the list of the Supreme Court! Here are the results so far: http://www.ccfjedu.net/HOAMEDIATION.htm.
Please click on: Certified Mediator
List By County
Since
our government officials so far failed to create the necessary sources for
owners to find answers to their many questions, we felt it's about time that
somebody starts to educate our homeowners -- from the owners' point
of view! Since the DBPR is wasting each year $500,000 of
condo-owners' money to give it to a trade organization (CAI) for
"educating" no more than 5,000 condo-owners, we felt it's about
time to help out all the other owners with information needs! Go, take a
look! Suggestions are welcome!
This
website was created by owners, for owners -- to benefit owners!
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 how
difficult it is for an owner to fight in court against a homeowners' or
condo-owners' association. Not only is the owner fighting deep pockets and
his/her own money -- a board can use unlimited financial resources --
there are many boards that will fight, even if they may be totally wrong.
Don't forget, many of these board members don't want to admit that they were
wrong or made mistakes. And since the statutes give them the finances to
fight even the most stupid law suits, we are seeing vicious court battles --
at the expense of the owners! It seems that the laws are pretty clear
regarding the inspection of documents. You think so? It would be, if the
statutes wouldn't contain the words "access" and "rebuttable"!
And even if the owner is right -- and judges say so -- there is often a long
way to go before the final ruling.
It gets even more
difficult, if you are fighting a well-known lobbyist and political
consultant -- Judith Stern – who is the president of a condo
association in
The case of ROBERT
AIELLO vs. COLONIAL MANOR WEST
APARTMENTS CONDOMINIUM ASSOCIATION, INC. is about as ridiculous as it gets.
It started as a little records request and has in the meanwhile turned into
a very expensive full-blown law suit. After two-and-a-half
years the plaintiff still hasn't received a final favorable ruling. The
reason: The defendant, Judith Stern, as president of the condo, is using her
political influence and the finances of the condo -- even using an
earmarked special maintenance assessment -- to pay for legal fees -- just
to prevent final defeat. Two favorable summary judgments and an Appeals
Court ruling still didn't put an end to this sad chapter of condo
litigation.
If
you ask why such a seemingly simple matter can take so long, please read
here the story of this law suit:
Broward Judges Playing Musical Chairs At Expense Of Plaintiff at: http://www.ccfj.net/CCFJBrowardJudgesMusicalChairs.htm
So
far 6 (SIX) different judges have been presiding over this
case. Every time it seemed that some progress was made, the judge either
recused himself/herself or was transferred for various reasons! And there
seems to be a method behind this madness!
In
recent weeks we’ve read a lot about shenanigans of the
Six different judges presiding over one trial? Surely that is unacceptable for citizens and a shameful way to waste taxpayers’ dollars!
Warm Regards,
Jan Bergemann, President
Cyber Citizens For Justice, Inc.
NO
FREEDOM OF SPEECH FOR OWNERS IN MANDATORY ASSOCIATIONS?
Dear Governor Charlie
Crist, Dear Lt. Governor Jeff Kottkamp, Dear Legislators,
Friends and Members,
It is
absolutely unbelievable that citizens in our nation have to go to a STATE
SUPREME COURT to fight for their CONSTITUTIONAL RIGHT OF
FREE SPEECH! Do you believe that citizens in our nation have
to appeal to a court to determine that every citizen has the right to free
speech, not only citizens living outside of mandatory association?
To
be very honest: In my opinion any attorney claiming that owners lost
the protection of the US Constitution when buying a home or condo in an
association is an enemy of our Constitution. And calling these attorneys
OFFICERS OF THE COURT?
We send our troops overseas to fight for
rights of other nations, but in this
country a bunch of attorneys can hold millions of citizens hostage with
ill-advised interpretations of our laws. But if they would be really correct
in their assumption -- which many
well-known legal scholars doubt -- the people to blame would be our
legislators who were asleep at the wheel!
Suppressing
Freedom of Speech has always been the trademark of dictatorships!
Association
boards use owners' dues to make their opinion known, but often disallow
opposing opinions to be printed in association newsletters and/or to be
posted on association website bulletin boards. Censorship is running
rampant!
And
if owners are fed up with dictatorial boards and create their own flyers and
open their own website they are getting sued or are receiving nasty letters
from attorneys threatening them with expensive lawsuits. I guess we
have to consider ourselves lucky that they can't send us to Siberia?
Please
read another example of abuse of association funds by a board hating
competing opinions:
http://www.ccfj.net/CCFJopCimarrone.htm We owners can only hope that the NEW JERSEY SUPREME COURT comes up this month with a ruling favorable for the owners and that our legislators finally realize that they are the ones who need to create the protection for the owners that are being abused by association boards and their attorneys, who are trying to deny them even basic constitutional rights!
IS
THIS THE LAND OF THE FREE?
Warm Regards,
Jan Bergemann, President
Cyber Citizens For Justice, Inc.
Dear Governor Charlie
Crist, Dear Lt. Governor Jeff Kottkamp, Dear Legislators,
Friends and Members,
We are all looking
forward to the Memorial Day weekend. But do we really remember the
people who died fighting for our freedom and our Constitution? We are
sending our troops in foreign countries to protect the rights of foreign
citizens, but do our politicians really care about our Constitution and the
rights of our citizens being protected by the Constitution?
Many homeowners are fighting their own war about constitutional rights, because a small group of lawyers represented by the trade organization CAI (Community Associations Institute) claims that we lost our constitutional rights at the gate. Their claim: Owners signed their constitutional rights away when they bought a home -- or condo -- in a mandatory association! Personally I think the idea is absolutely ridiculous. Every US citizen has the right to protection under the US Constitution. Our legislators here in Florida swear the Oath of Office starting with these words (quote): "I, DO SOLEMNLY SWEAR (OR AFFIRM) that I will support, protect and defend the Constitution and Government of the United States and of the State of Florida."
Were these words
forgotten when they created the association laws that allow these attorneys
to claim that we lost our constitutional rights?
Please read the article:
HOW STRONG IS OUR CONSTITUTION?
Please read the arguments brought pro and con. Read why
homeowners have to battle their own association in the New Jersey Supreme
Court to regain their constitutional rights.
How is that possible in the "LAND OF THE
FREE?"
And after seeing the chaos created by some of these
associations why aren't our legislators stepping in, making sure that the
laws regulating these associations are enforced and make it clear that our
Constitution is in force all over the nation, not only outside of
associations?
Or may be we should see laws enacted that force
associations to post big signs at their gates:
"YOU ARE LEAVING THE AMERICAN
ZONE!"
Memorial Day weekend is a great time to consider
this issue! Please think about it -- and act accordingly!
Have a great Memorial Day weekend!
Warm Regards,
Jan Bergemann, President
Cyber Citizens For Justice, Inc.
Dear Governor Charlie
Crist, dear Lt. Governor Jeff Kottkamp, dear Senators and House
Representatives,
We wish you all good
luck for this year's legislative session and hope that you will find
ways to ease the financial burden we homeowners in Florida are facing by
enacting the right consumer-friendly bills.
You did real great
during the special session for insurance reform (THANK YOU!) and
we owners can only pray that you are continuing to work on solutions that
will make living in Florida affordable again.
The three main issues: Property
Tax Reform, Property Insurance Reform and Community
Association Reform.
You may ask why
community association reform?
Many owners paid
much higher special assessments to their associations than property
insurance and property tax together!
We all know that we will never be able to roll back the clock totally, but a mix of savings in property insurance and property tax alone will not be sufficient, if we don’t see bills enacted that will finally stop the financial mismanagement, uncontrolled spending and even clear embezzlement in our associations!
Since the debate is still raging about the best way to find a solution for the property tax problem, it seems already clear what consumers need in regards to insurance reforms: Mitigation discounts (various bills are on the table) and the important bills HB 1307 and HB 1267/SB 2498 that will help to lower the rates significantly and keep our money in Florida! If enacted this combined package will sure do the trick! Old business wisdom: Competition lowers the prices! Anybody who still thinks that we are able to lure the property insurance industry back to Florida with all kinds of incentives must have missed the writing on the wall in the last few years! They'll come back voluntarily when they realize wee can do without them! Florida is too big a market -- despite hurricanes and tornados!
There is only one real owner-friendly bill in regards to Association Reform on the table: COMMUNITY ASSOCIATION BILL H1373 and S2816 -- filed by Representative Julio Robaina and Senator Alex Villalobos! If
you are really willing to help your constituents who are slowly but surely
priced out of Florida -- these should be your main goals! In my
humble opinion the whole economy of Florida hinges on solutions for these 3
problems!
Warm Regards,
Jan Bergemann, President
Cyber Citizens For Justice, Inc.
"State
laws that regulate homeowners associations lack criminal sanctions."
Dear Governor Charlie
Crist, Dear Lt. Governor Jeff Kottkamp, Dear Legislators,
Friends and Members,
According to Palm
Beach County Assistant State
Attorney Preston Mighdoll we don't have statutes that address fraud and
embezzlement in condominium and homeowners' associations!
It
seems that law enforcement doesn’t see embezzlement as a criminal offense
– if it takes place in an association. In this case we are talking
more than $650,000 missing -- and still counting! In another association
it's more than $1-million -- still counting! Details will be made available
this week!
Please
read my opinion about the lack of criminal prosecution in associations at:
http://www.ccfj.net/CCFJcrimlawsnotappl.htm
Under Mighdoll's theory, somebody could go to the next board meeting, shoot the president -- and get away with it since the crime took place in a HOA over an association dispute -- and the HOA statutes lack criminal sanctions? [Disclaimer:
"The above idea was just thrown in for purposes of discussion!
Please don't try it in your association!"]
Warm Regards,
Jan Bergemann, President
Cyber Citizens For Justice, Inc. Dear Legislators, Friends and Members,
just in time for the holidays some judges obviously decided to give some owners early Christmas presents in form of favorable judgments.
But in both cases the
owners were only able to prevail because they had the necessary legal
representation to go through lengthy -- and very costly -- court
proceedings.
The Jupiter flag man was
lucky to find a pro-bono attorney in Barry Silver, who took on this case --
and finally got the rewards: http://www.ccfj.net/flyoldglorycostart.html
This case lasted 5(five)
years and is still not really over! Without a pro-bono attorney George
Andres would have lost his home -- for flying Ol' Glory from a flag pole on
his own private property.
The owner in the other
case is obviously lucky enough to have the financial means to pay a good
attorney -- Blane Carneal -- to fight for his rights, now acknowledged by a
judge in a partial Summary Judgment. Read the ruling: http://www.ccfj.net/condolawsuitColonial.html and
the Amended Complaint: http://www.ccfj.net/COLMANORamlawsuit.html that
caused this ruling.
Funny enough, after all
the board put the owner through they are now are upset that the ruling was
made public and the other owners have been informed about the ruling. Gee, I
was always under the impression that a court ruling is a public document?
Honestly, who likes to see in public that they suffered a crushing defeat? It sure isn't good for the reputation of the board members and/or the law firm, especially if the board used money from an "earmarked" special maintenance assessment to pay the law firm -- another clear violation of the Florida Statutes.
These cases show
that only owners with the necessary financial means can fight for their
right in associations. Many of these cases we see on a daily basis
have very little to do with right or wrong, but with the financial means to
fight it to the end! Boards and their aware are fully aware of this problem
and are very often relying on the fact that they will beat the owner
financially before the case ends up in a court room in front of a competent
judge!
Is this the our
legislature wants to send out about our association laws that lack
governmental enforcement: You can only find justice if you have enough money
to financially survive years of litigation?
Happy Holidays!
Warm
Regards,
Jan Bergemann, President
Cyber Citizens For Justice, Inc. Dear Governor Jeb Bush, Dear Secretary Simone Marstiller, Dear Legislators, Friends and Members,
while homeowners and condo-owners in Florida are scrambling to find money to pay for property insurance, property taxes and association dues, the DBPR is rich enough to give away presents to a certain professional group -- as a Reward or Thank-You for what?
Read this announcement by
the Florida Association of Realtors (FAR) (quote from
Issue 28 -- September 11, 2006):
YOU DESERVE A BREAK TODAY! Is your real estate license up for renewal this month? Good news: The state is picking up the tab. The Department of Business and Professional Regulations is waiving real estate license fees for two years, saving associates $ 85 and brokers $ 95. Every licensee is entitled to one free fee renewal during the program, which begins September 30, 2006 and ends March 31, 2008. Corporate license fees and continuing education costs are not included in the fee waiver program. More info at 850.487.1305.
We
are talking serious money here -- not just peanuts or a few bucks!
If the DBPR has too much
money, may be they should have waived the $4 they charge annually Florida's
condo-owners for a job that doesn't even deserve the grade "F". On
a daily basis the inefficiency of the DBPR and the unwillingness to do the
job as intended by the legislature causes owners all over the State of
Florida to spend outrageous amounts of legal fees to protect their homes and
their rights!
Hopefully we see some
desperately needed changes here in 2007 -- because the problems with the
DBPR rank closely behind property insurance and property taxes as a top
priority on the mind of Florida's property owners!
DBPR:
Do your job as intended -- instead of giving away gifts!
Warm Regards,
Jan Bergemann, President
Cyber Citizens For Justice, Inc.
Dear Governor Jeb Bush, Dear Secretary Simone Marstiller, Dear Legislators, Friends and Members,
Another letter
written by a frustrated president of a
homeowners' association is pointing out that the DBPR is clearly failing
Florida's citizens -- citizens the Department is supposed to protect!
Nineteen (19) month after the complaint was filed --
together with necessary proof of the allegations and a DBPR arbitration
ruling that confirms the alleged facts -- nothing has happened. As many
owners all around Florida will tell you:
THAT'S
DBPR BUSINESS AS USUAL!
Please read
the complete article with many more pressing examples of DBPR
incompetence -- and especially the important letter: http://www.ccfj.net/DBPRcomplaints.html
Please
note: This is a
complaint filed by the board of a huge association, not by some
"disgruntled" homeowner. It plainly shows that the problems are
everywhere -- and will continue until the government agency, financed by taxpayers'
money, will finally start to do what they are supposed to do: Enforce
the rules and punish the bad guys!
We have said
it before -- and we say it again: Without enforcing the existing laws and
punishing the violators we will not see any improvement in this system
that cost Florida's homeowners and condo-owners millions and millions of
dollars every year. And the shenanigans continue -- to
the detriment of the owners!
When will our
legislators finally put a stop to this and create the enforcement our
citizens deserve?
Our
patience is really being tested, not only by the property insurance
disaster!
Warm Regards,
Jan Bergemann, President
Cyber Citizens For Justice, Inc.
Dear Governor,
Florida Legislators, Friends and Members,
Over the last
few years we saw a lot of things written and said about the Department of
Business and Professional Regulation (DBPR). Nothing good! We saw OPPAGA
writing reports about the ineffectiveness of the DBPR -- everybody hoping
these reports would finally wake up certain government officials in charge.
We saw new secretaries come and go -- all with a very short life-span in
this job.
Until we saw
Governor Bush appointing Simone Marstiller, who made it a point to avoid
trying to improve the incompetent agency and instead made it her task to
silence critics as a way of damage control.
A hopeless
bureaucrat, she worked on fighting everybody who even dared to criticize her
department! From Day One of her tenure she was after Condo Ombudsman Dr.
Virgil Rizzo, because his quarterly reports were a thorn in her side. It
showed how much good a small ombudsman's office can do compared with her
well funded department that is known for being totally ineffective --
actually useless! The biggest problem: She assumed an authority she doesn't
even have -- according to Florida law. Did anybody ever claim bureaucrats
can read?
Please read my whole opinion at: http://www.ccfj.net/DBPRAuthority.html
We had already
suggested earlier to rename the department into DEPARTMENT OF BUSINESS AND
PROFESSIONAL PROTECTION (DBPP). That's minimum how many of Florida's
citizens see it, whose money is being wasted, especially the dollars of
condo-owners by the Division of Florida Land Sales, Condominiums, and Mobile
Homes.
And, with a lot
of backstabbing and twisted accusations, she finally succeeded in having the
Governor remove Dr. Rizzo from his position, a person who many condo owners
felt was finally making an impact helping Florida's condo-owners under
siege.
I guess Florida's
citizens have to wait until next year before we can hope that we
finally get a DBPR secretary trying to clean out the stable and
working on creating a department that would function as envisioned by
the legislature and doing the work Florida's citizens are paying for!
Another
bureaucrat will not do! We already saw enough of these types come and go
over the last few years! We saw enough of our taxes wasted by
people unwilling to do the job!
Warm Regards,
Jan Bergemann, President
Cyber Citizens For Justice, Inc.
Dear Governor
Jeb Bush, Dear Secretary Simone
Marstiller, Dear Legislators, Friends and Members,
Many owners
always wonder why there is such a resistance to owner-friendly association
reforms and the reason why some people oppose these reforms.
It
actually sums up in two words: Money and power!
The service
providers don't want to give up their beloved cash-cow and certain board
members don't want to give up their power! Recent board recalls and
association election results have rattled the cages of these people! Their
actions speak for itself!
When dealing
with these issues you see a lot of alphabet-salad thrown at you, giving the
impression that there are many different organizations with lots of
membership involved.
Actually --
that is the picture these people want to paint. But de facto there are just
a few actual players -- and if you look behind the scenes the same
names are popping up.
Please see my
opinion about the organizations claiming to represent "millions of
owners" and the actual facts they try to cover up with their
statements!
Please click
here: http://www.ccfj.net/CCFJopposition.htm
It all really
started when the Community Associations Institute lost its credibility
regarding claims who they actually represent! Today everybody knows that
they are just a trade-organization for association service providers --
nothing else! That started the creation of many other organizations all over
the nation, with CAI executives behind the scenes. It isn't hard to figure
out who is who, if you compare the names involved in these organizations,
who desperately claim to represent all these owners -- owners who don't even
know that these organizations exist! And as everybody knows:
Any
organization can only represent the people who gave them a mandate to
represent them.
The REAL troublemakers are the people who abuse the existing system, make fortunes at the expense of owners, and like to abuse the power given to them by inadequate laws.
Warm Regards,
Jan Bergemann, President
Cyber Citizens For Justice, Inc.
Dear Governor
Jeb Bush, Dear Legislators,
Friends and Members,
We saw in Nazi Germany
what happened when so called "Blockfuehrer" were rewarded for
spying on their neighbors, making accusations knowing their names would
never be revealed.
Please notice as well
"fining without due process"?
In the USA it is one of the
basic laws that the accused has the right to face the accuser.
But, as usual,
homeowners' associations and their management companies feel they are exempt
from our laws and offer money rewards to neighbors with the assurance that
their names will never be revealed.
See the whole story at: http://www.ccfj.net/REWARDletter.htm
You can read the scanned
version of the flyer below!
What happened to
our basic rights and the "Land of the Free", if something like
this is allowed in our Country?
Warm Regards,
Jan Bergemann, President
Cyber Citizens For Justice, Inc.
Dear Governor, Dear
Legislators, Friends and Members,
a botched investigation
makes the Commission on Ethics find "No Probable Cause" in a case
brought by a condo-owner against former Condominium Advisory Council
chairman Joseph Adams.
The actual complaint
alleged that:
The filed complaint never
alleged that:
However, three pages of the investigative report are rebuttals to these false claims that had never been made! You can read the complete investigation report at: http://www.ccfj.net/CCFJPRACethics3.htm
If this is the
way ethics complaints are dealt with in Florida we might consider
dissolving such a panel -- saving lots of taxpayers money -- and just
letting ethics go down the drain! Look at the actual statistics of the
Commission On Ethics and you know what I'm talking about. Their record
speaks for itself!
Warm Regards,
Jan Bergemann, President
Cyber Citizens For Justice, Inc.
Dear Governor, Dear
Alan Bookman, Dear Legislators, Dear
Friends and Dear Members,
we
are used to quite some shenanigans of specialized attorneys, but what Donna
Berger of the law firm of Becker&Poliakoff P.A. delivered in her letter
headlined: "THE ACTIONS OF THE OMBUDSMAN" is outright libel
and a bunch of falsehoods. If our government officials and the Florida BAR
are willing to condone these kind of actions by an attorney and
lobbyist it is no wonder that many citizens are losing any respect
towards these professions.
See letter and my opinion at: http://www.ccfj.net/CALL-BERGERLETTER.htm
There is nothing wrong with a good discussion about existing problems. There is nothing wrong with opposing opinions. It is no miracle that specialized attorneys and homeowners are on opposite sides of the fence. But if one side puts on "Dog and Pony Shows" using outright falsehoods, this has to be stopped by the people in charge.
This
has nothing to do any more with opposing interests. This has to do with
mudslinging and dragging citizens' names in the dirt. If that is what our
society and our State of Florida stands for, then so be it! Otherwise
I expect the people in charge to take action and stop this kind of behavior
by a member of the Florida BAR
and a registered lobbyist.
Warm
Regards
PLEASE
CO-SPONSOR HB 1229
Honorable
Representatives,
the big HOA + Condominium reform bill was finally published yesterday evening. Representative Julio Robaina collected much input from owners all around the state over the year -- and HB 1229 is the result!
Thank you,
Representative Robaina, for all your efforts!
A few little necessary
changes and we have the foundation for an excellent tool to protect owners
from many abuses. It's about time! We need to GIVE
ASSOCIATIONS BACK TO THE OWNERS!
Please consider adding
your name next to that of Representative Robaina as co-sponsor of this
consumer-friendly bill. The reform is long overdue!
The opposition -- attorneys,
service providers and board members, claiming to represent the associations
and owners -- will try to tell you that this bill will disenfranchise
hundreds of thousands of citizens owning property in associations and
make it impossible for associations to conduct daily operations. Far
from the truth! Please never forget:
Many of the people you will hear complaining about this bill will do so
because their personal financial gain is in danger of being
reduced. There is a lot more to it than meets the eye!
How
can enforcement of laws and punishment of violators be detrimental to the
welfare of associations?
Is
jailing bank robbers detrimental to the welfare of the banks?
Please
show that you care for the welfare of your constituents and co-sponsor this
consumer-orientated bill. Your constituents need your help! We
owners need your help!
Your
support will be much appreciated!
We
are looking forward working with you on this very consumer-friendly
legislation!
Please
let your constituents know you care!
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 , Friends and Members,
please
don't accuse me of bashing Secretary Carr and the DBPR. But this is
really going too far. The complaints about this Department are really piling
up.
It's
obviously the whole Department!
See today's article: Title
Insurance Practices Probed
at: http://www.ccfj.net/DBPRTitleIns.html
See below the important
part of this article. It seems our Chief
Financial Officer Tom Gallagher has
joined the club of people unhappy with Secretary Carr and the DBPR?
How long will this be allowed to continue?
This Department has the
obligation to protect consumers! But it seems that the Secretary feels
that it is her obligation to protect the professionals! Can it be more
obvious?
Warm Regards
State records show that last May, Chief Financial Officer Tom Gallagher sought out the help of Diane Carr, the secretary of the Florida Department of Business and Professional Regulation. Her department oversees licensing of real estate agents and brokers. "In the course of the these investigations the Department has determined that it has become common practice for real estate agents, brokers, and agencies to expect, encourage or require title insurance agencies to reward them in different ways for referral of title insurance business,'' Gallagher wrote to Carr in a May 25 letter. He went on to ask that Carr's office discipline agents who have received compensation from title insurance companies. But Carr's department never took any action other than to pledge to publish in a newsletter sent to the real estate industry a notice that state law bars title agencies from compensating real estate agents for referrals. That notice has not been published. While state law prohibits title companies from paying referrals, Juana Watkins, acting director of the state Division of Real Estate, said it's permissible under the state's real estate regulations for agents to accept inducements, as long as they disclose them to the consumer. As long as they do so, she said, regulators have no authority to discipline agents. However, under federal housing and urban development regulations, referral fees are prohibited for anyone connected with a real estate closing. The rule applies to federally backed loans, which make up 97 percent of all real estate transactions. Nina Bannister, a spokeswoman for Gallagher's office, said Gallagher would not comment. But, she said, Gallagher and other department officials are frustrated by the lack of action from Carr's office.
Dear Legislators,
Friends and Members,
we would hereby like
to invite you to our Annual Meeting on November
19/20, 2004, in the Quality Inn, Ocala, 3621 W. Silver Springs
Blvd.
IN ALLIANCE WITH:
League of United Latin American Citizens (LULAC) Service Employees International Union (SEIU) Local 11 Property Owners Association in the Villages (POA)
Property Rights Florida (PRF)
Consumer Advocacy Network (CAN)
Fair Housing Center of the Greater Palm Beaches (FHCGPB) Dear Legislators, Friends and Members,
after a lengthy telephone conversation with the very helpful staff of OPPAGA yesterday, I received an e-mail outlining the next steps of the review. In order to solve the problem of soliciting testimony, that would often require lengthy travels -- inconvenient especially for our elderly friends -- the decision has been made to create an interactive website where you all can easily file your grievances from your home. It will help to finish the review in a shorter time span. It seems that many of the complaints against the DBPR are going in similar directions. This new website will help all of us to air our grievances, but will allow OPPAGA to get an easier handle on the problems.
It will be important
that this review is ready in time of the next legislative session, so that
necessary improvements of the system can be discussed and hopefully
enacted in the legislature.
I will inform you as soon as the new website is available on line. I think it's a good solution which enables everybody to participate. It definitely will solve the often heard complaint of not being able to be heard because of inability to travel.
Warm Regards
OPPAGA has begun its review of the Department of Business and Professional
Regulation’s Division of Land Sales, Condominiums, and Mobile Homes. Our
review will evaluate the division’s performance of its primary
functions and will include an assessment of its processes for
handling consumer complaints related to condominiums, as well as
timeshares, mobile homes, and yacht- and shipbrokers. Our review will also
identify opportunities for improving the division’s effectiveness in
performing its primary functions, including complaint processing.
However, our review will not look at the merits of individual consumer
complaints nor try to achieve resolution for those complaints.
Although OPPAGA will not be taking public testimony, citizen input is very
important to us. In addition to listening to the tapes of public testimony
before the House Select Committee on Condominium Association Governance,
we will be soliciting feedback from citizens to assist us in identifying
specific areas of concern. For this purpose, we are developing a website
to allow us to obtain formal input from citizens regarding the
division’s performance. We expect to have this website completed in
November and will contact you with the details about how the public can
provide us with the information needed for our review.
We have also created a special mailbox to facilitate receipt of e-mail
specific to this review. Accordingly, any future correspondence
should be sent directly to the project team at LSCMH@oppaga.fl.gov
Dear Governor, Senators, Representatives, Members and Friends,
the birthday of our
great nation should be an excellent moment to think about past and
future and what our great country is supposed to be all about: Independence,
Freedom, Liberty and Democracy!
And the American
Dream -- Our Own Home!
Please read my thoughts
about these issues below, or at: http://www.ccfj.net/4thjuly04.htm
Please let's all work
together to achieve these goals and right the obvious wrong.
Representative Julio
Robaina and Senator Rudy Garcia will lead the charge during the next
session to reform Florida's association laws in order to protect homeowners
and condo-owners against the widespread abuses. Listen carefully to
yesterday's talk show "On The Commons." You can
download and listen to the show at: http://www.ccfj.net/OTCJRobaina7304.html .
Thanks,
Representative Robaina! You made it absolutely clear what is needed to do
the right thing!
If you are an owner
-- you're asked to help and support the cause. Reform doesn't come from
complaining and sitting idle by when others try to do the necessary work. We
can only win if we are helping each other. With elections on the
doorsteps: Support the candidates willing to support our cause!
As a board member:
you're asked to finally realize who your friends really are and that you
have accepted a fiduciary duty towards your neighbors to protect their
welfare -- not to some industry partisans interested in the association
funds!
And as a legislator:
please listen to the needs of your constituents, who voted you in your
office. Not to the industry partisans falsely claiming that they represent
the owners as well. THEY ARE NOT! They are plainly
representing their own bank accounts.
I'm a firm
believer of "My Home Is My Castle." Let's work together
on achieving this goal!
“God Bless
America!”
IN ALLIANCE WITH:
League of United Latin American Citizens (LULAC) Service Employees International Union (SEIU) Local 11 Concerned Homeowners in Partnership (CHIP) Property Owners Association in the Villages (POA) Fair Housing Center of the Greater Palm Beaches (FHCGPB) Consumer Advocacy Network (CAN) Property Rights Florida (PRF) |
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Dear Governor, dear Legislators, dear Media
Representatives, dear Friends and Members,
The meetings of the HOA Task Force and the House Select Committee On Condominium Association Governance have clearly shown that legislative reforms are desperately needed to protect the consumers in Florida. For further explanations please read my announcement at: HAPPY NEW YEAR 2004 : http://www.ccfj.net/NEWYEAR04.html If we are all willing to work together it shouldn't be too difficult to find feasible solutions to tackle these issues. All your help is very much appreciated! Let's make 2004 a great year that will
be known for the fact that consumer protection for homeowners is re-established
in Florida. We all need to be able again to ask retirees with a clear conscience
to move to Florida.
IN ALLIANCE WITH:
Our friend Karen Gottlieb needs help!
And despite what the Community Association
Institute is trying to publish, not all of their members agree with the
politics of the leadership. Please read:
Dear members and friends, While we've attempted to advance a modest proposal to create a Mandated Property Reform Task Force to review laws related to deed restrictions and mandatory homeowners associations Senator Geller and other Senators continue to advance their own agenda. As recently as Wednesday, March 12, 2003 Senator Geller rejected an attempt to have our bill heard before his committee citing a reluctance to create 'another study commission' to review laws which preserve the status quo of developers, builders, contractors and industry partisans. Instead, the good Senator has indicated a desire to forestall passage of Sb 1248 (to allow the bill to die in his committe of the whole), opting for a review or our proposal and laws related to mandatory homeowner associations and inadequate disclosure during real estate sales, by the Office of Public Policy and Government Accountability (OPPAGA) which will not be completed before the 2004 Legislative session. While homeowners rights will be put on the back burner for another year, under the guise of "Corporate Affairs" Senator Geller is advancing his own agenda to amend laws affecting CONDO's, COOPS, Mobilehome communities and, YES, mandatory homeowners associations in planned developments, i.e., adult and residential communities. Other Senators we might have counted on to vote favorably for our modest proposal have joined in this effort by approving a myriad of proposals affecting these communities. While these 'small bites of the apple' seem insignificant it's the agenda of the stakeholders and industry partisans that acquires approval. However, one significant provision clarifies the relationship between Chapter 617 and 720 F.S. which is a question we've been asking since ss. 617.301-617.312 enacted in 1995 became Chapter 720 F.S. during the 2000 legislative session. The bill that will eventually pass muster in the Senate and House indicate that homeowners associations must be created as a not for profit corporation. That's good to know! However, the cross-over between these two laws will create as much confusion of the applicable sections and legal wrangling as the cross-over between Chapter 607 (for profit) and 617 (not for profit) created several years ago. No doubt, once again, this 'clarification' will enhance the legal profession to the detrimient of seniors and retiress enticed to relocate in a planned development, i.e., adult and residential community in the Sunshine State. BTW, none of these 'corporate affairs' bills address the need to provide full disclosure to prospective purchasers prior to contract for sale as envisions by s. 689.26 Disclosure summary statement....and full disclosure of expenditures and receipts collected by a developer or owner pursuant to s. 689.265 F.S. So, who's running the show in Tallahassee? It sure as hell isn't the 'ordinary Citizens!' Please take time to browse through all of these bills and their relationship to each other before final passage to formulate your own opinions. Also, take time to read the staff analysis of Sb 592 advanced by this committee for Senator Geller, et al. *** Click on link below! *** Do we really want to continue to entice seniors and retiress to relocate and reside in a deed restricted community with a mandatory homeowners association if our Legislative body isn't interested in protecting homeowners rights? The best to you and yours,
One of our members, Barbara, from the Villages, gave us a brief but detailed summary of the Sumter County Legislative Delegation meeting.Thanks Barbara! Russ, provided his expertise re CDD's and our friend, Tom, from the FSHL provided testimony to the delegation about the same subject. Recently we activated a Community Development District (CDD) committee in the event members are interested in advocating meaningful reform and a Noise Abatement committee chaired by Trudy, our Secretary. With the help of Ron, Stu, Don Browning et al., the committee advanced their agenda to control airboat noise and exhaust emissions in Marion and Sumter counties and were received very well by the delegation and commissioners. Read their comments in this story: Sumter County Legislative Delegation Meeting Also, Marion County Commissioners adopted an ordinance to eliminate airboat noise and exhaust emmisions. We recognize that enforcement is usually a problem whenever an ordinance is adopted. We learned that lesson well after a homeoowners rights ordinance was adopted in Marion county. |