Dear
Governor Jeb Bush,
Please
Veto Community Association Bill HB 391.
Revitalization
of covenants of older communities is a good idea, but since the
opt-out provision in FS 720.407(5) had expired long ago,
it will just create many more lawsuits.
Many owners had moved into these communities on purpose to
avoid associations. Therefore,
they will not agree to be part of an association again.
Revitalization
without an opt-out clause is a clear violation of private property
rights, which you always defended as our Governor. You
vetoed Senator Fasano's bill that attempted to achieve a
similar goal, and the HOA Task Force clearly defeated another
attempt to force owners into associations without their agreement.
Revitalizing mandatory associations by using FS 720.403-407
-- enacted in 2004 -- turned out to be a disaster that created
more legal fights in some associations instead of creating nice
communities. Result:
Neighbors are not talking to neighbors any more!
The only winners -- as usual: The attorneys!
You
heard the outcry about eminent domain: This
"revitalization" is very similar on a smaller scale,
because it will force owners to either go to court or agree to
something they don't want!
Postponing
the time limit until 2025 for retrofitting the sprinkler
system in high-rise condos (above 75 feet) is absolutely
ridiculous. It unnecessarily endangers the elderly, the disabled,
and the firefighters, who have a hard enough job anyway in these
high-rises. Proponents
claimed that recent hurricanes drained the funds of the
associations. Do
these attorneys, who used this excuse, have a contract with
Mother Nature that there will be no hurricanes from 2014 until
2025, so the associations can save money to pay for the cost?
Honestly, I doubt that!
If there were not so many high-cost legal battles in our condo
associations, there would be more money in their coffers.
Many condos down South are still not repaired because the
Condo Act is so badly written that it creates more lawsuits than
repairs. The proposed condo bill would have taken care of
it, but......!
And
last but not least: Initially
created by your HOA Task Force to help many owners and
associations avoid high-cost legal battles, mandatory mediation
will undergo changes that are just a cover-up for actually
removing the mediation requirements!
This bill is a partial attempt to turn back the
clock on good achievements that had been created by your HOA Task
Force.
The ambiguous wording of this bill will do nothing but create more
problems for owners in these associations!
Please
veto this bill!
Thank
you for listening to our concerns!
MAY
2006
OPEN LETTER
TO GOVERNOR JEB
BUSH
CYBER CITIZENS FOR JUSTICE, INC. |
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