STILL SERIOUS ISSUES WITH HOA LAWS!

An Opinion By Jan Bergemann

Published September 30, 2025

For all the folks who couldn’t make it to the Town Hall Meeting in Doral:

Here is the presentation I made to the folks who were present at the meeting:

Let’s talk about the Florida Legislature:

They have this year created new condo laws with many provisions that seem to be very confusing as attorneys come up with very different interpretations of the new laws.

One thing for sure that is horrible: Allowing Board Certification Seminars by ZOOM. There is absolutely no control as to who is actually listening. I got a certificate from the Division. I turned on in time, but did all kinds of other things including making lunch, swimming in the pool and making many telephone calls. I even answered some of the questions willfully wrong – but I still got a certificate. Zoom seminars are not much better than the former version of signing a statement saying that “I KNOW IT ALL!”

Year after year the Florida Legislature is making changes to various community association laws, but how good are all these laws if there is no enforcement. The Division of Condominiums, Timeshares and Mobile Homes got last year an extra $61M and more enforcement power. Result: They are still sending out the same form letters to owners complaining about violations: “We couldn’t find any violations!”

For homeowners in HOAs it’s even worse. They only could try to enforce the laws through litigation. Most homeowners are not rich enough to pay for high-priced attorneys. That’s why owners are being told at board meetings: “Sit down and shut up! You don’t have the money to sue the association.” And we still have state attorneys in some counties who claim that even criminal violations in community associations are still a civil matter, because these associations are based on contract law.

Why do we need more and more new laws if there is absolutely no enforcement?

But the biggest enemy of the owners: Apathy!

A majority of owners is unwilling – or financially unable -- to fight for their rights, many claiming that they are afraid of repercussions by board members, CAMs and/or association attorneys.

Owners should never forget the old saying:
“Better an end with horror than a horror without end!”

We owners should never forget: UNITED WE STAND!

Please join CCFJ, Inc., Florida’s largest community association advocacy group, to help us fight for more owner-friendly laws in Tallahassee – and especially easy enforcement of all the laws regulating community associations!