CYBER CITIZENS FOR JUSTICE, INC.
DISPATCHES


 
03 - 14 - 2002
Dear members and friends, 

It should be a 'no-brainer' to understand why we have requested the creation of a Property Reform Task Force in Florida. 

Further reasons to bolster our goals and objectives are provided by our national friends at the Privitopia.info Web site. Check recent  "Breaking News" related to the 'Sunshine State' and nationally. 

The operative words are; "Not Only In Florida!" 

CLICK HERE TO READ : PRIVATOPIA INFO

The best to you and yours, 
Bob, 
Ocala, FL
Public Relations - CCFJ, Inc., 


03-04-2002
Dear members and friends, 

To date, appeals to reschedule hearing Sb 1484 in committee have fallen on deaf ears. Neither Senator Charlie Clary nor Senator Lee Constantine have responded in a favorable manner. 

Apparently, opposition (not revealed by Sen. Clary's staff) has stymied further debate of the issues embodied within this meaningful request from Citizens enticed to relocate in deed restricted communities with mandatory homeowners associations. 

The foregone conclusion is; our Senate bill will 'die' in committee,  a  testament to the power and influence of the stakeholders and industry partisans in Tallahassee. 

The status of the House bill, Hb 887, filed by the Dean of the House, Representative Jerry Melvin and cosponsored by Rep's. Baxley, Kravitz and Wiles which has unanimously accepted by House committees, is pending.

As if 'killing' our bills wasn't a sufficient exercise of their power and influence in Tallahassee, apparently, the stakeholders insured that other meaningful reform will not move forward in committee despite the outward appearance and negotiations in support of the Concerned Homeowners in Partnership (CHIP) effort.

As a member of CHIP (a Marion county grass-roots organization) I've received the latest newsletter and can report, in part, a message from CHIP directors; 
                                  +++++++++++++ THE CHIP NEWS +++++++++++++
                                                "Amending FS 689.265 fouled again!" 

"CHIP has been informed there will be no action to amend FS 689.265 in this year's Florida legislative session -- the useless state law requiring that homeowners be provided an annual financial report regarding their paying amenity and maintenance fees. Therefore, Hb 1055/Sb 1318, which are aimed at amending the currrent statute so that serious deficiencies in the law can be remedied, will die before being even heard in committee hearings. 
 The reason given for the failure of any action on these bills was that the time in this year's session is needed for working on the budget and redistricting issues. If you believe that is the real reason, you are problaby in a minority of one." 
                                    +++++++++++ END CHIP NEWS ++++++++++++++
 We repeat our earlier observation; Apparently, these bills  "...of, by and for the people..." will not become transparent in these days when Full Disclosure means so much to the Citizens of Florida and our country. 

"Caveat Emptor" remains alive and well in the 'Sunshine State!' 

The best to you and yours, 
Bob, 
Ocala, FL 
Public Relations - CCFJ, Inc., 


03-01-2002
Dear members and friends, 

As you know, Senator Charlie Clary has not moved our bill in Senate committees nor has Chairman Senator Lee Constantine rescheduled hearing the task force bill. It has languished in obscurity in the Comprehensive Planning, Local and Military Affairs committee since February 12 when it was temporarily postponed. 

A reliable source told us of opposition to our bill. We must tell you, the opposition is a closely guarded secret in Tallahassee as is disclosure during real estate transactions in the 'Sunshine State,' before and after contract for sale. 

Other examples of the unwillingness to move homeowners rights legislation are the two bills filed for Concerned Homeowners In Partnership, (CHIP, a Marion county grass-roots organization) which would impose penalties for failure of the developer or owner to provide a yearly financial report of expenditures and receipts, i.e., Sb 1318/Hb 1055 filed by Senator Smith and Representative Baxley (one of our co-sponsors). 

Apparently, these bills  "...of, by and for the people..." will not become transparent in these days when Full Disclosure means so much to the Citizens of Florida and our country. 

Like Enron's bankruptcy and looting of the coiffers our bill is scheduled to die a horrible death in committee while the status-quo will continue to be preserved during another session and upcoming election cycle. 

How difficult is it for 'ordinary Citizens' to move Legislation? 

Read the dialogue sent to us by one of our members, Stephen. Please read from start to finish in order to enjoy the moment. 

*** SEE DIALOGUE BELOW ***

For informational purposes, ONLY; Celebration (formerly Disney's Town of Celebration) is a Community Development District in Orlando. 

You might recall; the name, "Disney," was removed from the water tower several years ago when complaints surfaced relative to Celebration's school system and the 'town' was featured in several written and visual media stories. 

The best to you and yours, 
Bob, 
Ocala, FL 
Public Relations - CCFJ, Inc., 
************************* SEE DIALOGUE BELOW *****************
-----Original Message-----
From: Stephen 
Sent: Wednesday, February 27, 2002 10:57 PM
To: JOHNSON.RANDY
Subject: Request for your support of Sb 887 and Hb1484

February 27, 2002
Via: e-mail
Rep. Randy Johnson - District 41
Room 223 The Capitol,
402 S. Monroe St.
Tallahassee, FL 32399

Honorable Representative Randy Johnson

This letter serves as a  request for you to support bill H0887 and S1484 in order to protect the best interest of the homeowners, presently at the mercy of some boards of homeowners' associations.

As you may know, when a homeowner decides to take action to protect his/her interest, the homeowner must, at his own expense, contract the services of an attorney and go through arbitration. 

Although under the law, the prevailing party is entitled to recover reasonable attorney's fees, realistically, the typical homeowner cannot bear the associated costs that in most cases can add up to Thousands of dollars just for a few hours of legal work, while the associations, have carte blanche when it comes time to expend in legal fees by using the association attorney at the expense of the very same homeowner. 

Further, the Division of Condominium and Land Sales have the power to impose fines for some violations; however, the parties that must pay these fines are again the very same homeowner and not the parties who violates the statute and are fined.

It is imperative that you, as our respective representatives, step in and carry out the mandate that we, the voters, gave you during election.

Again, I Request that you support Hb 0887 and Sb 1484 for the creation of a Task Force that will reevaluate, in depth, the current Statutes regulating the homeowners association and make the necessary recommendations in order to protect the interest of the unit-owners; "voters of Florida."

This letter is part of a statewide campaign directed to our State Representatives, General Media, Community Based Organizations, and general public, in coordination with, Cyber Citizens for Justice. http://www.ccfj.net/

Should you have any questions, please do not hesitate to contact me at your convenience at xxxxxxxxxxx Orlando, FL 32824 
Sincerely,

Stephen 
President, xxxxxxxxxxx HOA
********************** Response from Rep. Johnson ****************
Subj:RE: Request for your support of Hb 887 and Sb 1484 
Date:02/28/2002 12:28:12 PM Central Standard Time
From:[email protected]
To: Stephen
Sent from the Internet 

Stephen, you have my commitment to kill these bills. I will see to it personally.
Randy
************************ Clarification from Stephen ***************
-----Original Message-----
From: Stephen
Sent: Friday, March 01, 2002 9:13 AM
To: JOHNSON.RANDY
Subject: Request for your support of Hb 887 and Sb1484

Randy,

To set the record straight, I do not (I repeat) I do not want or am I requesting or recommending that you kill these bills.

If that is your intent you are wrong. You should support the single homeowner and citizen who are your constituents. If you want to work for your constituents you are requested to support these bills. 

I am aware that you are a member of the Fiscal Responsibility Council, so in case it gets heard I am recommending that you vote in favor of these bills.

I'm sending this email to you just to make sure you understand my position on this matter and explain to you why it is so important for millions of Florida homeowners to have the Task Force established. 

 Also, requesting that you read staff analysis of bill HB 887 before jumping to a quick decision. 

 We are almost neighbors, you from Celebration and I from the Southchase and Hunters Creek area, where a lot of your constituents live. 

Being a president of a Homeowners Association, I know how important it is that these bills should be passed.

Regards,
Stephen 
President, xxxxxxxx HOA
********************* Response from Rep. Johnson *******
In a message dated 03/01/2002 8:34:18 AM Central Standard Time, [email protected] writes:

Subj:RE: Request for your support of Sb 887 and Hb 1484 
Date:03/01/2002 8:34:18 AM Central Standard Time
From:[email protected]
To: Stephen 
Sent from the Internet 

Stephen,
I'm sorry that I misread you e-mail. 
I am not in support of the bill but I do appreciate your advice. 
 Your State Legislator is Rep. Andy Gardner and he can be reached at the same address as you have reached me. Just replace my name with his.
Again, thanks for participating in the process and please continue to communicate your thoughts.

Randy


02-21-2002
Honorable Representatives and Dear Senators; 

As residents of Marion county, parts of which each of you represent, we're frustrated by the lack of inaction during the current Legislative session. 

With all due respect; 

Pitting HOUSE and SENATE members against each other on the issues of state tax reform, redistricting and arguments that get nothing accomplished is an embarrassment of our state and a huge waste of your time and our tax dollars. 

We don't know if President McKay's tax reform plan is the correct approach but believe it has had a fair hearing in the Senate. Not so in the House. However, the House has spoken. 

It's time to move on! 

We know, whatever plan for redistricting is finally approved it will be challenged in court as it has in the past because of 'party politics.' We implore each of you to get the business of the Citizens of our state on track for enactment of good public policy. 

As you know, Cyber Citizens For Justice, Inc., a Florida not for profit corporation, in which I serve as Director of public relations has proposed and had filed companion bills, i.e., Hb 887 by the Dean of the House, Honorable Representative Jerry Melvin, and Sb 1484 by Majority Whip Honorable Senator Charlie Clary. 

This Property Refrom Task Force is an idea whose time has come and therefore, once again, we seek your support. 

By way of explanation; 

Consumer advocates interested in protecting the rights of homeowners enticed to relocate in deed restricted communities with mandatory homeowners associations must have the opportunity to sit at the same table with the stakeholders and industry partisans to discuss the HOA concept, full disclosure before and after contract for sale and land sales, in general, in our state to formulate a master plan for the future. 

Homeowner associations require appropriate scrutiny and regulation to protect homeowners rights. Full Disclosure NOT Caveat Emptor must be the "Buy Words" in the Sunshine State. 

As your constituents, we deserve to know your stance on these issues. Therefore, we're encouraging you to do all in your power and influence to support and move these particular bills to the floor of the House and Senate for a vote by members. 

Thank you very much for your consideration. We look forward to your support and advocacy for meaningful change in our state and your reply.

Sincerely, 
Robert & Geri Janauskas 
Ocala, FL 


02-19-2002
Honorable Governor Jeb Bush, 
Honorable Representative Jerry Melvin, et al., 
Dear Senator Charlie Clary, et, al., 

Dear members and friends, 

The following information provided by a friend in Florida enhances the reasons we've requested members of our Legislature to support our Property Reform Task Force bills, i.e., Hb887/Sb1484, during this session. 

*** SEE BELOW ***

For obvious reasons, the names of the parties have been redacted and the attachments removed. 

Comments and suggestions appreciated. 

Sincerely, 
Bob
Public Relations - CCFJ, Inc., 
                    ****************************** SEE BELOW ******************
----- Original Message ----- 
From: A Friend in Florida
To: CCFJ, Inc. 
Sent: Monday, February 18, 2002 4:37 PM
Subject: Help! Homeowners Association Gone Amuck

RE:   (XX) Homeowners Association, Inc.

This past July the development was turned over to the homeowners either to form a Board of Directors or to continue with the current private company. 

During the past 3 years, a private company had been hired by the developer to respond to the residents concerns. 

The residents appeared to have chosen to take charge of the Homeowner Association on its own, and not hire a private company, in order to reduce next year's assessment. They did contract the previous attorney the private company had retained. 
The current Officers are as follows: 
 (XXXXXXXXXXXXXXXXXXXX) 

Several community concerns have developed since the election of this Board. They are as follows: 

1.  This development was built on land where protected scrub jays had been found. The developers had to return a certain amount of bushes, foliage and trees back into the development in addition to purchasing an outside lot of land..... The developer planted several bushes, edge plants etc., to return some of the vegetation to the land for habitat of the returning scrub jays.   The plantings were to the back of lots at the frontage facing the road. Plants were located on homeowner lots not common areas. 
This board decided to remove all of the foliage and several trees from the front of the development stating this was for the safety of the community.  In talking with several other homeowners, it appears this was an individual act of the board only.  The bushes were not replanted, but removed from onsite, were neither the trees nor the foliage.   This was several hundreds of dollars of plants.  No input from the members (homeowners).  Who is responsible for replacing the foliage?  If there is a fine for the removal who is liable?

2.  The board also decided to spend 500.00 to have two lights installed between two trees at the front of the development.  This was a decision of their own, no input of the members (homeowners).  There was already lighting there.
3.  The board took over July 2002 and has failed to notify Florida Department of State, Division of Corporations there has been a change in the Registered Agent and who the Current Officer/Directors are.  Nor has the annual report been filed.
4.  There was an annual meeting January 9th, 2002.  (Copy enclosed)  At this meeting, several concerns were noted:
 A.  There was no election of officers to take place.  The current President states they will not hold elections until  January 2003.  They do not have to have elections until then.  The President also states this was confirmed with the HOA attorney, .......... 
The By-laws filed for the corporation, in section 4.3, the term of each directors service shall extend until the next annual meeting of the members  (copy of by-laws enclosed) 
Florida Statutes 720.306 provide that in para 2 the association shall hold an annual meeting.  The election of directors, if one is required, (as evident by the By-laws), must be held in conjunction with the annual meeting or as  provided in the governing documents.   I do not see where the current board is an effected board, nor any actions they take from this point on can be considered legal.  Are they held individually liable for any actions they take from this point on as they were not elected at the annual meeting and they are essentially holding the community captive.
 B.  The income and expense statement was presented at the annual meeting.  Noteworthy is that there was interest income and other income.  How can this be if this corporation is not-for-profit?  (Statement enclosed)
 C.  Assessments were discussed at the meeting and were told to those attending, the assessment would stay the same.  Which, in essence, makes null and void the decision to go with the homeowners running the association versus paying an outside group?  The balance on hand as of 1/1/02 is $9013.32 with the projected balance as of 12/31/02 $18823.32-- more than double. 
As this board again was not legally elected at the annual meeting, can they legally issue an assessment and process liens against homeowners who do not pay?  Remember the decision there would not be an outside firm hired to run the association to reduce the annual assessment.  Now the board has decided to not lower the assessment.
5.  There was an architectural committee placed by the board, and have been given carte blanche by the Board President to make decisions effecting the external community.  Most of the decision don't meet the covenants, conditions, restrictions, and by-laws. 

Please advise the legal basis of this board if any and what actions can be taken to prevent this type of totalitarian approach in a community with a mandated Homeowners Association.???
Sincerely,
A Friend in Florida


02-07-2002
Dear members and friends, 

You'll be pleased to learn the State Administration staff analysis of our bill is currently available. Adobe Acrobat is required. 
(Webmaster Note : it's as well readable on our WebPages, please click here!)

For those of you that haven't downloaded AA software the analysis will be posted on our Web site. An announcement will be made when available for review. 

Members of CCFJ should be extremely proud of this effort since you've been cited as the 'grass-roots' organization which brought the proposals embodied in the bill to the attention of Honorable Representative Jerry Melvin, Dean of the House. He agreed and filed Hb 887 in behalf of the Citizens of Florida. 

In like manner, Sen. Charlie Clary, Majority Whip, filed the companion, Sb 1484. 

We continue to emphasize; the original intention to create a (27) 
twenty seven member task force not (39) thirty nine as indicated in the bill and the analysis. This discrepancy is the result of an error in the bill; 
(1)(e) should be (2)(a) 

We anticipate an appropriate amendment will fix this mistake at the scheduled hearing tomorrow. 

Each of us has a long way to go before enactment of the legislation to create the task force. Therefore, it's important to continue to seek support from your friends, neighbors, and members of your Legislative delegation. 

The best to you and yours, 
Bob, 
Ocala, FL 
Public Relations - CCFJ Inc., 

                     *********************** STAFF ANALYSIS HB 887 *************


02 - 06 - 2002
Dear members and friends, 

The first hearing on Hb 887 is scheduled as indicated; 

02/05/02 HOUSE  On Committee agenda-- State Administration (SGC), 02/07/02, 
8:00 am, 306-H

Not a convenient time for many of us but our primary sponsor, Rep. Jerry Melvin is a member of the committee. Therefore, we're relying on his knowledge of the provisions and expertise to offer the appropriate amendment to fix the printed error, i.e., (1)(e) should be (2)(a) and move the bill out of committee in a favorable manner. 

In the event you live in close proximity to Tallahassee we urge you to make an effort to attend the hearing, testify in favor of approval of the bill and file your report when you return. 

You should make time to contact the Chair, Vice Chair and/or your particular delegation member of the committee to express your opinion and seek support of this legislation via e-mail or a telephone call.

Time is of the essence! 

This is the committee of the whole; 

House Committee on State Administration

Incidentally, it's very important to remain focused on our Mission and Goals and repeat the purpose of the task force during your discussion of support with members of the Legisature. Thank you.

                                                       *** SEE BELOW ***

Sincerely, 
Bob
Public Relations - CCFJ Inc., 
                          ****************************** SEE BELOW **********************
MISSIONS and GOALS 

Homeowners Associations (HOAs) in Florida; Developer and/or Owner controlled are unregulated by Florida Statutes. 

Complaints from homeowners in our state provided the impetus to propose the creation of this task force which will be mandated to review, but not limited to,  the laws of our state aluded to in this dispatch. 

For more than 20 years the Florida Legislature has failed regarding regulation of all deed restricted communities with mandatory HOA's. 

The scales have been tilted in favor of the stakeholders and industry partisans forcing disputes to be settled in a court of law at great expense to residents. 

Even after the Legislature heard pleas to reform these laws the power and influence of the entities aluded to have thwarted meaningful reform to ensure enacted laws are enforced and violators are punished. 

There's no escaping the fact that; Caveat Emptor not Full Disclosure are the "Buy Words" during real estate transactions in Florida. 

Our proposal to create this task force will enable all parties to sit at the same table, over an extended period, to brainstorm ideas and propose remedies to protect all parties in the 'contract for sale.' 

It has been the mission and goal of Cyber Citizens For Justice to formulate the task force proposal and convince our Legislature that it's time to restore homeowners rights.

We already have the firm committment of Rep. Jerry Melvin and Senator Clary has filed the companion bill. Visit our Web site and read our tribute to Jerry. Provide your full support of this legislation by sending a letter to his office and send a courtesy copy to our organization;

                               ********** Applicable Florida Statutes  *********

For informational purposes these are, but not limited to, the Florida statutes the task force will review: 

Chapter 720 (formerly ss. 617.301-617.312): Homeowners Assocations

Chapter 617 Not For Profit Act

Chapter 689 Conveyances of Land, etc..

s. 689.26 Prospective purchasers subject to association membership requirement; disclosure required.--

(1)  A prospective parcel owner in a community must be presented a disclosure summary before executing the contract for sale. The disclosure summary must be in a form substantially similar to the following form: 

DISCLOSURE SUMMARY  FOR  (NAME OF COMMUNITY)

1.  AS A PURCHASER OF PROPERTY IN THIS COMMUNITY, YOU WILL BE OBLIGATED TO BE A MEMBER OF A HOMEOWNERS' ASSOCIATION. 

2.  THERE HAVE BEEN OR WILL BE RECORDED RESTRICTIVE COVENANTS GOVERNING THE USE AND OCCUPANCY OF PROPERTIES IN THIS COMMUNITY. 

3.  YOU WILL BE OBLIGATED TO PAY ASSESSMENTS TO THE ASSOCIATION, WHICH ASSESSMENTS ARE SUBJECT TO PERIODIC CHANGE. 

4.  YOUR FAILURE TO PAY THESE ASSESSMENTS COULD RESULT IN A LIEN ON YOUR PROPERTY. 

5.  THERE (IS) (IS NOT) AN OBLIGATION TO PAY RENT OR LAND USE FEES FOR RECREATIONAL OR OTHER COMMONLY USED FACILITIES AS AN OBLIGATION OF MEMBERSHIP IN THE HOMEOWNERS' ASSOCIATION. (If such obligation exists, then the amount of the current obligation shall be set forth.) 

6.  THE RESTRICTIVE COVENANTS (CAN) (CANNOT) BE AMENDED WITHOUT THE APPROVAL OF THE ASSOCIATION MEMBERSHIP. 

7.  THE STATEMENTS CONTAINED IN THIS DISCLOSURE FORM ARE ONLY SUMMARY IN NATURE, AND, AS A PROSPECTIVE PURCHASER, YOU SHOULD REFER TO THE COVENANTS AND THE ASSOCIATION GOVERNING DOCUMENTS. 

8.  THESE DOCUMENTS ARE MATTERS OF PUBLIC RECORD AND CAN BE OBTAINED FROM THE RECORD OFFICE IN THE COUNTY WHERE THE PROPERTY IS LOCATED. 
DATE: 

PURCHASER:

PURCHASER:

The disclosure must be supplied by the developer, or by the parcel owner if the sale is by an owner that is not the developer. Any contract or agreement for sale shall refer to and incorporate the disclosure summary and shall include, in prominent language, a statement that the potential buyer should not execute the contract or agreement until they have received and read the disclosure summary required by this section. 

(2)  This section does not apply to any association regulated under chapter 718, chapter 719, chapter 721, or chapter 723 or to a subdivider registered under chapter 498; and also does not apply if disclosure regarding the association is otherwise made in connection with the requirements of chapter 718, chapter 719, chapter 721, or chapter 723. 

History.--s. 40, ch. 92-49; s. 63, ch. 95-274; s. 4, ch. 98-261. 

Chapter 689 Conveyances of Land, etc... 

 s. 689.265  Financial report.--In a residential subdivision in which the owners of lots or parcels must pay mandatory maintenance or amenity fees to the subdivision developer or to the owners of the common areas, recreational facilities, and other properties serving the lots or parcels, the developer or owner of such areas, facilities, or properties shall make public, within 60 days following the end of each fiscal year, a complete financial report of the actual, total receipts of mandatory maintenance or amenity fees received by it, and an itemized listing of the expenditures made by it from such fees, for that year. 

Such report shall be made public by mailing it to each lot or parcel owner in the subdivision, by publishing it in a publication regularly distributed within the subdivision, or by posting it in prominent locations in the subdivision. 

This section does not apply to amounts paid to homeowner associations pursuant to chapter 617, chapter 718, chapter 719, chapter 721, or chapter 723, or to amounts paid to local governmental entities, including special districts. 
History.--s. 64, ch. 95-274. 

Chapter 498 Land Sale Practices 

Sincerely, 
Bob
Public Relations - CCFJ Inc., 


01-23-2002
Dear members and friends, 

The two significant bills filed this session related to unregulated adult and residential deed restricted communities with mandatory homeowners associations, real estate transactions and required financial disclosure after contract for sale are shown below. 

* SEE BELOW * 

NOTE: To those of you living in a CONDO or Mobile Home Community. BILLS have been filed to amend the CONDO ACT and statutes related to Mobile Home communities regulated under Chapter 718 and 723 F.S.

Our proposal to create the task force was filed by Rep. Jerry Melvin. We have a committment for Senate sponsorship which is currently pending. 

In a previous dispatch we mentioned an error occurred during drafting of our bill which implies an additional 12 task force members is required. This will be taken care of in committee.

As you read our bill please note the following clarification: 

Strike (1)(e) 

Retain but ADD under (2) as;

(a) 

In paragraph (2)(a), 

strike; (a) 

Under (1) 

Change (f) to (e), i.e., Five members, etc...

This will fix the problem. 

The other bill H 1055 filed by Rep. Dennis Baxley and the companion in the Senate, S 1318 filed by Sen. Ron Smith was proposed by the Concerned Homeowners in Partnership, Inc., (CHIP), a grass-roots organization in Marion county. 

The current language of s. 689.265 is provided below. This will enable readers to compare with the proposed CHIP bill. 

Both of our organizations spent endless hours to bring these issues to the table for consideration. While the CHIP bill will attempt to fix a known problem when enacted, our proposed task force is created to review; 

Chapter 617 the not for profit act and it's relationship with Chapter 720 Homeowners Associations, Chapter 498 Land Sales, Chapter 689, specifically, s. 689.26 Disclosure Statement and s. 689.265 Financial Report. 

Because of the complexities of these laws, the mandate of the task force is for an extended period to permit realistic discussions and appropriate and meaningful reform for the long term. 

It's important to note: Today we received a unanimous vote of confidence from the Marion County Board of Commissioners. Chairman Randy Harris has transmitted a letter to Rep. Jerry Melvin and the Marion County Legislative delegation endorsing Hb 887. 

We extend our gratitude to the Chair and his colleagues. Thank you. 

To all recipients; 

We encourage you to support the effort of CCFJ and CHIP. Let Rep. Melvin, et al., know you endorse the principles of these bills. Tell your Legislative delegates to become cosponsors to help us move these bills onto the desk of Governor Jeb Bush for enactment. 

As always, your comments and suggestions are appreciated. Thank you for your consideration. 
Sincerely, 
Bob
Public Relations - CCFJ, Inc., 
                       **************************** SEE BELOW *******************

H887 GENERAL BILL by Melvin (Similar Senate Bill - PENDING)

Mandated Property Reform Task Force; establishes Mandated Property
  Reform Task Force; provides for appointment of members & organization of task force; specifies duties; provides for reports; provides for termination.  APPROPRIATION: $100,000.
EFFECTIVE DATE: Upon becoming law.
  01/11/02 HOUSE  Prefiled
  01/21/02 HOUSE  Referred to State Administration (SGC); Fiscal Policy & Resources (FRC); Fiscal Responsibility Council
House Bill 0887 : Relating to Mandated Property Reform Task Force
                  *********************** CHIP Proposal ***********************

H1055 GENERAL BILL by Baxley (Similar S 1318 - Smith) 

Financial Reports; provides requirements re financial reports required
  re certain residential subdivisions; provides requirements re required
  financial reports; provides for posting of financial report; requires
developer or owner to make available all financial data used to prepare
  report; provides penalty. Amends 689.265. 
EFFECTIVE DATE:  07/01/2002.
  01/22/02 HOUSE  Filed
                 Florida House Bill - HB 1055

***************************** CURRENT LAW ***********************
689.265 Financial Report.-- In a residential subdivision in which the owners of lots or parcels must pay mandatory maintenance or amenity fees to the subdivision developer or to the owners of the common areas, recreational facilities, and other properties serving the lots or parcels, the developer or owner of such areas, facilities, or properties shall make public, within 60 days following the end of each fiscal year, a complete financial report of the actual, total receipts of mandatory maintenance or amenity fees received by it, and an itemized listing of the expenditures made by it from such fees, for that year. 
Such report shall be made public by mailing it to each lot or parcel owner in the subdivision, by publishing it in a publication regularly distributed within the subdivision, or by posting it in prominent locations in the subdivision. 
This section does not apply to amounts paid to homeowner associations pursuant to chapter 617, chapter 718, chapter 719, chapter 721, or chapter 723, or to amounts paid to local governmental entities, including special districts.


01-14-2002
Honorable Representative Jerry Melvin, 

First, our appreciation to the Dean of the Florida House for making time the past several months to read our messages, recognizing that problems associated with real estate transactions in Florida are real not contrived and for expending the necessary effort to have our proposals drafted in bill format, as requested. 

Sir, 

We can say in easy and understandable language, just like a shake of the hand used to 'seal a deal' you've proven your word can be relied upon. You promised to prefile our bill and you did!

It isn't often that consumer advocacy groups like ours has this type of comprehensive legislation filed. Therefore, it's only natural to be proud of our efforts and yours. You've placed the issues squarely on the table. For that, we are sincerely grateful. 

In the coming weeks it's going to be difficult to find a Senator to file the companion bill, swing the doubters to our side and move this bill along to enable it to reach the desk of Governor Jeb Bush for his signature. We're hopeful and looking forward to continuing to work with you and others to make that happen. 

By virtue of this dispatch we are seeking support from all members of our Legisature. We anticipate, this message will be read in all their offices and we'll receive positive responses for sponsorship and cosponsors. 

Personally, I've heard and believe; '...if we do nothing, we'll never know if anything could have been accomplished...' 

With all due respect and candor; 

Thank you very much, Jerry, and please keep in touch. 
Sincerely, 
Robert Janauskas 
Ocala, FL 34476
Public Relations - CCFJ, Inc., 
*********************** TO OUR MEMBERS AND FRIENDS ********
H887     GENERAL BILL by Melvin

Mandated Property Reform Task Force
establishes Mandated Property Reform Task Force; provides for appointment of members &  organization of task force; specifies duties; provides for reports; provides for termination.  APPROPRIATION: $100,000. 
EFFECTIVE DATE: Upon becoming law.

01/11/02 HOUSE  Prefiled

Bill Text: HB 887

MISSIONS and GOALS 

Homeowners Associations (HOAs) in Florida; Developer and/or Owner controlled are unregulated by Florida Statutes. 

Complaints from homeowners in our state provided the impetus to propose the creation of this task force which will be mandated to review, but not limited to,  the following laws of our state. 

*** SEE BELOW ***

For more than 20 years the Florida Legislature has failed regarding regulation of all deed restricted communities with mandatory HOA's. 

The scales have been tilted in favor of the stakeholders and industry partisans forcing disputes to be settled in a court of law at great expense to residents. 

Even after the Legislature heard pleas to reform these laws the power and influence of the entities aluded to have thwarted meaningful reform to ensure enacted laws are enforced and violators are punished. 

There's no escaping the fact that; Caveat Emptor not Full Disclosure are the "Buy Words" during real estate transactions in Florida. 

Our proposal to create this task force will enable all parties to sit at the same table, over an extended period, to brainstorm ideas and propose remedies to protect all parties in the 'contract for sale.' 

It has been the mission and goal of Cyber Citizens For Justice, specifically, the HOA Committee to formulate the task force proposal and convince our Legislature that it's time to restore homeowners rights.

We're at a delicate stage of negotiations to find a Senate sponsor and full support of the Legislature. 

We need your help and unwavering support for this legislation. If you have suggestions to improve the bill please let us know. 

Visit our Web site, review the tribute to Representative Jerry Melvin, read the bill, print a copy with the goals and objectives of the HOA Committee and distribute to your neighbors and friends. 

Sign our Guest Book and consider clicking on that ever present JOIN button. If you aren't ready to join consider sending a donation to help fund our efforts. 

If you have any problems to report in your community or have any questions, please post it on our Bulletin Board below or send us an e-mail! 
For informational purposes, these are the Florida statutes, but not limited to, that the task force will review; 

Chapter 720 (formerly ss. 617.301-617.312): Homeowners Assocations

Chapter 617 Not For Profit Act

Chapter 689 Conveyances of Land, etc..

s. 689.26 Prospective purchasers subject to association membership requirement; disclosure required

(1)  A prospective parcel owner in a community must be presented a disclosure summary before executing the contract for sale. The disclosure summary must be in a form substantially similar to the following form: 

DISCLOSURE SUMMARY  FOR : (NAME OF COMMUNITY)

1.  AS A PURCHASER OF PROPERTY IN THIS COMMUNITY, YOU WILL BE OBLIGATED TO BE A MEMBER OF A HOMEOWNERS' ASSOCIATION.

2.  THERE HAVE BEEN OR WILL BE RECORDED RESTRICTIVE COVENANTS GOVERNING THE USE AND OCCUPANCY OF PROPERTIES IN THIS COMMUNITY. 

3.  YOU WILL BE OBLIGATED TO PAY ASSESSMENTS TO THE ASSOCIATION, WHICH ASSESSMENTS ARE SUBJECT TO PERIODIC CHANGE. 

4.  YOUR FAILURE TO PAY THESE ASSESSMENTS COULD RESULT IN A LIEN ON YOUR PROPERTY. 

5.  THERE (IS) (IS NOT) AN OBLIGATION TO PAY RENT OR LAND USE FEES FOR RECREATIONAL OR OTHER COMMONLY USED FACILITIES AS AN OBLIGATION OF MEMBERSHIP IN THE HOMEOWNERS' ASSOCIATION. (If such obligation exists, then the amount of the current obligation shall be set forth.) 

6.  THE RESTRICTIVE COVENANTS (CAN) (CANNOT) BE AMENDED WITHOUT THE APPROVAL OF THE ASSOCIATION MEMBERSHIP. 

7.  THE STATEMENTS CONTAINED IN THIS DISCLOSURE FORM ARE ONLY SUMMARY IN NATURE, AND, AS A PROSPECTIVE PURCHASER, YOU SHOULD REFER TO THE COVENANTS AND THE ASSOCIATION GOVERNING DOCUMENTS. 

8.  THESE DOCUMENTS ARE MATTERS OF PUBLIC RECORD AND CAN BE OBTAINED FROM THE RECORD OFFICE IN THE COUNTY WHERE THE PROPERTY IS LOCATED. 
DATE: 

PURCHASER: 
 

PURCHASER:
****************************************************************************************
The disclosure must be supplied by the developer, or by the parcel owner if the sale is by an owner that is not the developer. Any contract or agreement for sale shall refer to and incorporate the disclosure summary and shall include, in prominent language, a statement that the potential buyer should not execute the contract or agreement until they have received and read the disclosure summary required by this section. 

(2)  This section does not apply to any association regulated under chapter 718, chapter 719, chapter 721, or chapter 723 or to a subdivider registered under chapter 498; and also does not apply if disclosure regarding the association is otherwise made in connection with the requirements of chapter 718, chapter 719, chapter 721, or chapter 723. 

History.--s. 40, ch. 92-49; s. 63, ch. 95-274; s. 4, ch. 98-261. 

Chapter 689 Conveyances of Land, etc... 

 s. 689.265  Financial report.--In a residential subdivision in which the owners of lots or parcels must pay mandatory maintenance or amenity fees to the subdivision developer or to the owners of the common areas, recreational facilities, and other properties serving the lots or parcels, the developer or owner of such areas, facilities, or properties shall make public, within 60 days following the end of each fiscal year, a complete financial report of the actual, total receipts of mandatory maintenance or amenity fees received by it, and an itemized listing of the expenditures made by it from such fees, for that year. 

Such report shall be made public by mailing it to each lot or parcel owner in the subdivision, by publishing it in a publication regularly distributed within the subdivision, or by posting it in prominent locations in the subdivision. 

This section does not apply to amounts paid to homeowner associations pursuant to chapter 617, chapter 718, chapter 719, chapter 721, or chapter 723, or to amounts paid to local governmental entities, including special districts. 

History.--s. 64, ch. 95-274. 

Chapter 498 Land Sale Practices


 
For comments please use our Bulletin Board (click on banner!)
Or click on Mail Box to send e-mail to : [email protected]