================================================================== 6/15/2013 Having trouble viewing this email? Click here http://campaign.r20.constantcontact.com/render?llr=99asbrdab&v=0011J7YDsLRiGlGYiCh7bounfDox6BHyhnh_xzAf3aRdq-B4ionRnv930kcW2GjGgqZNTeNg9oYmwRyOqQV8VwgL_5EyGJufycMokk6kPXTsowitovE523ylpknzk1Da50q CCFJ BANNER [http://r20.rs6.net/tn.jsp?e=001XjFwn6naHB2ldrvNPE0I-mC3KmBxkMUxfkqd38dZzCtSe85YbhM1Q7QIi5qDMsfSvZMFiOeh8vhyuyteF0Wy-g9X0leNNpHpJo65IXYxSpQ=] ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ WEEKLY NEWSLETTER ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Issue: # 24 June 15, 2013 In This Newsletter CONDOCRAZE & HOAs RADIO SHOW Winter Springs HOAs driven to fight on-street parking IRS decision on Villages' tax-exempt bonds worries residents Scott signs foreclosure bill Years of effort bring end to dock land fees for condo owners "ON THE COMMONS" -- Guest Julio Robaina Too Young to Retire, but These Deals Can't Wait 6/14/2013 Having trouble viewing this email? Click here http://campaign.r20.constantcontact.com/render?llr=99asbrdab&v=001AbyoPARFHBOeMRqgWSeFKcPpJSCI17FeSLdpbZS8QU7gAZa2wNRk--V5Rwkq79OiIF5ps3La85s0OLXaagoYu0NPwdMDBz67p0cDJ85O7VPuKe0syWsOScoBNNQCxycj ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ 600HOAREFBillBan [http://r20.rs6.net/tn.jsp?e=001L6oXsNu4AT2zl0EzhCqY3OPvpQvW1gTb5oVzwkYFt_dnkpdG9dm3bVLDhQ5VOErDJ22n9zeU4apkn9OFha4KfXeHjVU4wpCX8i35UpJ4Ep28qwxFz0SkwE5rHSdt2yZZ] ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dear Florida Homeowners, Our HOA Reform Bill H7119 was just approved by Governor Rick Scott. Congrats to all of you who helped to make this bill a success -- especially our lobbyist Richard Pinsky, Eric Glazer and Ralph Udick. IT WAS TEAM WORK! AND A REAL BIG THANK YOU TO HOUSE REPRESENTATIVES DEBBIE MAYFIELD, MIKE LAROSA and SENATOR ALAN HAYS! The provisions of the bill are effective July 1, 2013. =================================================================== WEEKLY NEWSLETTER Having trouble viewing this email? http://campaign.r20.constantcontact.com/render?llr=99asbrdab&v=001vuCdHl1qDg7H2N2eHoDCI7ijwLUlj7H6nwfgtwIcHWsWAjzYjj7HZK9R_LFhksdFo_HRo4Xs_yxFrIotR6AOWUzu5gCtWRWQpUeJK3kfMBXTFiAC0WxA4OclIwunajcj -------------------------------------------------------------------------------------------------------------------- In This Newsletter 4/27/2013 Having trouble viewing this email? http://campaign.r20.constantcontact.com/render?llr=99asbrdab&v=001RTSvD7iYYACfC1LIbGMfxjXqtyHT8uxcl15ZvLN4C7CJ70mimcDqIHL7POVZb4dHObLL1dKDm88E3jyc4ODAHpCkwe80b4u8BWI6Uz6NESJHNmRW5vZpGvRNrdi9Hx_G WEEKLY NEWSLETTER In This Newsletter 4/26/2013 H7119/CS PASSED THE SENATE AND IS ON THE WAY TO THE GOVERNOR Florida Homeowner and Condo Owner:$ =========================================================== 4/25/2013 Having trouble viewing this email? 4/20/2013 Having trouble viewing this email? Click here http://campaign.r20.constantcontact.com/render?llr=99asbrdab&v=001mw_CX3BXxzm8tiXLiKy0qUsZqeOXHKuxH-muxsJGmwNx5B9FYfJ8LtoOtElvx2-B7xhu5NLBZ9FTDQdbL1IoEsbda4C49CFLBFGaEmuhFEEn0yON52_b6NRexfLZc_Rn CCFJ BANNER [http://r20.rs6.net/tn.jsp?e=001BTVkLqrTO_pFdbkTk9eOe6jSq8bPAVtSwoxaPoeIFiVq9GdWPI5JlscLtLCnnAoek85T5tEVS4PTeeHGp0lBgCpZzoYcGrmgUoXOTtB7Jrk=] ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ WEEKLY NEWSLETTER ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Issue: # 16 April 20, 2013 In This Newsletter THE HOA/CONDO REFORM BILLS HOA says no to donated home for fire victims State sues Collier condo association, alleges discrimination against disabled Rare dispute within Florida Bar over quickie foreclosures Senate postpones controversial Citizens vote Florida Bar files complaint against foreclosure lawyer David Stern ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ 4/18/2013 S 580 PASSED FINAL SENATE COMMITTEE Florida Homeowner and Condo Owner:$ More great news about our HOA Reform Bill S 580 [http://r20.rs6.net/tn.jsp?e=001V4NHnKBK2LNcODv0tHbaMRIBFs7IHkMOjwKQZ9nhlusGg0uaKekbkxXBo7IS4nLb671WaFnr3fpBtvcnK32TY39Yu7L2G3Bm9zmy8xrkZ8gjYg69sxsVujpMhxxInC-za6_h9iVpPMg=]. The bill passed the Senate Committee on Rules. The committee members voted unanimously for our bill. The bill is now going to the House and Senate floor for a vote. Please read the latest version of S580 and watch the video of the meeting of the Senate Committee on Rules at: http://www.hoareformbill.net/SenCommOnRules.html [http://r20.rs6.net/tn.jsp?e=001V4NHnKBK2LNcODv0tHbaMRIBFs7IHkMOjwKQZ9nhlusGg0uaKekbkxXBo7IS4nLb671WaFnr3fpBtvcnK32TY39Yu7L2G3Bm9zmy8xrkZ8gjYg69sxsVujqmnRIAXsV2DRt1RlQmR4ZdkigVN7qGUw==] Senator Alan Hays, our champion in the Senate, kept his promises made last Sunday on CONDOCRAZE & HOA'S. If you didn't listen live to the show, you can listen to the archived version of the show at: http://www.hoareformbill.net/MEDIA.html [http://r20.rs6.net/tn.jsp?e=001V4NHnKBK2LNcODv0tHbaMRIBFs7IHkMOjwKQZ9nhlusGg0uaKekbkxXBo7IS4nLb671WaFnr3fpBtvcnK32TY39Yu7L2G3Bm9zmy8xrkZ8ilT5xMxsVrBXFQ-zc_UIuNQfS1hn15vbQ=] At a meeting of all the so-called "stakeholders" on Tuesday afternoon we were well represented by Eric Glazer and Richard Pinsky. Senator Hays and Representative LaRosa defended our proposals and the final wording of the bill was in the end agreed upon by all parties. One good laugh during the meeting: Travis Moore, lobbyist for Continental Management, wanted to make sure that his client would be able to charge the HOAs for filling out the now required registration form. Let's make sure you understand: The form in question will be prepared by the DBPR and will contain five simple questions. A good CAM should know the answers by heart or would get the answers with one click of the mouse. What does he want to charge? $2? Sometimes you really have to wonder where some people are coming from. Another issue definitely worth mentioning: Before the meeting CAI, CAN and CALL, the lobbying groups of the service providers, who consider owners of property in community associations their private cash cow, wrote to their fan-clubs, asking to send e-mails to the senators in opposition to the bill. And some of them actually followed orders -- without even checking the validity of the reasons for their opposition. The funny part: During the meeting none of the lobbyists for these groups repeated these concerns. Sometimes it's really easy to make supporters look stupid -- especially if you only give them limited information. So far -- so good! But please keep alert -- predicting what happens in Tallahassee is like predicting lottery numbers! I will keep you posted about the progress of our bills! Please make sure that you thank Senator Alan Hays (hays.alan.web@flsenate.gov [mailto:hays.alan.web@flsenate.gov]) and Representative Mike LaRosa (mike.larosa@myfloridahouse.gov [mailto:mike.larosa@myfloridahouse.gov]) for their strong support of our cause! Warm Regards, Jan Bergemann, President Cyber Citizens For Justice, Inc. ============================================================ 4/14/2013 Having trouble viewing this email? Click here http://campaign.r20.constantcontact.com/render?llr=99asbrdab&v=001YCG7_2nRMIos1Y1xAhQ3tUDGlnK_FjDkHU1GKvdWZqZyGn3OhRseORE-Ye8U5ZMmixDsWo-Qht0NsShKsnlWcwJY-yZGWYGNZnbGxg4adXfzXnHjC-EtZNOg687m1zu- 600HOAREFBillBan [http://r20.rs6.net/tn.jsp?e=0011TJUTT8qszJ1tqjkijp7QEQonId7N0o6ZvYSOw8KHGluw-ZooD0ksNtx8XETYfICwxq87qSQelyOoJJO8O_psfqL_GuPHLhQswMmxmjb-lKbAMT0MZ4__g==] Florida Homeowner and Condo Owner: We are on the final lap for our HOA Reform Bill S 580 [http://r20.rs6.net/tn.jsp?e=0011TJUTT8qszL8r9IPM3VHFVOcKXi8z2U4iQw2Skj3T0eZrCYVr8e0vPa6h-hgxCEzdBR5MAv_mXgZCw2loFbD90vHNIgTklZqiuDI1MsqkKyCTKukcAS5_QMy-w3n97YWPz9iMDib7WM=] in the Senate. The bill will have its final committee stop in the Senate on Wednesday. If you listened to CONDOCRAZEtoday, you heard Senator Hays asking all of us to send e-mails to the members of the Senate Committee on Rules -- asking them -- short and sweet -- to vote in favor of S580 on Wednesday. The committee website http://www.hoareformbill.net/SenCommOnRules.html [http://r20.rs6.net/tn.jsp?e=0011TJUTT8qszLZGFX27JTPagjiJ7gtlZMZwD9S0Wm5MXsmx9U_etIBOa1zkRphHgLcxOHUMYaHKWmZ8z8zzvp4CdYieQHTTR2hOyWRWBrQO1HFygUrnKOjK3Y4Mq7sYbzHdK56E_h0MFGQAnxhFSerqA==] gives you all the necessary tools to either send single e-mails to the committee members -- or a one-click-for-all link to send an e-mail to all committee members at the same time. EASY GOING! Please do so a.s.a.p. -- it's important! Just write in the subject line: S580 -- Homeowners' Associations Senator Hays -- a dentist by profession -- said that a root canal or pulling a tooth is much less painful for a patient than passing HOA owner friendly legislation. I will post the archived show on the website as soon as it becomes available. Sen. Alan Hays made some excellent points! And if you are at it, please send Senator Alan Hays an e-mail thanking him for all his efforts on behalf of Florida's homeowners. His e-mail address: HAYS.ALAN@flsenate.gov [mailto:HAYS.ALAN@flsenate.gov] Please, pretty please, send these e-mails! Thank you! Warm Regards, Jan Bergemann, President Cyber Citizens For Justice, Inc. _-------------------------------------------------------------------------------------------------------------------------------__ S 580 + H 7119 HOA REFORM BILLS: WATCH COMMITTEE HEARINGS Having trouble viewing this email? http://campaign.r20.constantcontact.com/render?llr=99asbrdab&v=001RSBzIEyymujYbRf9GhdRcTKxSah-CCRUk_3w4EueFYcX7BzsBGPRjK8mHvmkXZnjdtujpfNgrbign0ifWMtdbbE5GnV3yr0KUZqhFNDMOwhmcbWJcVCNsmFML7vlibth S 580 + H 7119 PASSED COMMITTEES UNAMINOUSLYDate: Tue, Apr 09, 2013 3:51 pm To: yourneighbor@ourscs.com Having trouble viewing this email? Click herehttp://campaign.r20.constantcontact.com/render?llr=99asbrdab&v=001EjBomfbIyfjq2VhT3VxI9RM5OFkqgdo5ruR5fhgzXGTdSLNzDFQ3OO395GICb0v2K6zYIffeYCa6x-eEnCBVLniDK512r-4qmYMTx2esLO1RC1AafKJJpqfSudwpkRwx 4/6/2013 Having trouble viewing this email? Click here http://campaign.r20.constantcontact.com/render?llr=99asbrdab&v=001vv2TPD5jwthWLhUScAJ8h98rv1XApJBVXcqLwIbWlIyA3CKwfY5tCnsUY_1NuDK6ddwUJ7AGMiLxti7GRWNdsvTiGuciH-Mqx6rLH2knKCTcSIwQo34Gq5rRPnBU78vS CCFJ BANNER [http://r20.rs6.net/tn.jsp?e=001ZzoZb0Rs3nZbj-YNEPjIN94TzXnBfn7X0VfxWeL6mNDFyMRWhrd2q5LxmA5sVEcULLs7ifTdsO4alX9ZLLxsbkcQ-P8aqo9aQaHSv-qnDBg=] ------------------------------------------------------------------------------------------------------------------------------ WEEKLY NEWSLETTER Issue: # 14 April 6, 2013 In This Newsletter THE HOA/CONDO REFORM BILLS Former West Palm Beach-area condo association head, 86, accused of cashing checks in personal account Standoff Ends With Suspect, Two Others Dead CONDOCRAZE & HOAs When the 85-year-olds start packing heat, you need a whole new set of condo rules. Miami officials say residents of Havana Palms condo complex must leave Vice chairman of gaming committee rents condo from lobbyist ------------------------------------------------------------------------------------------------------------------------------- April 3,2013Having trouble viewing this email? http://campaign.r20.constantcontact.com/render?llr=99asbrdab&v=001PAHSyKgq2IrR5exSN_lw42WKPHu8gZMQBKAy2cdwbQsfsDmGdFPnzVOnys3HcrlnDVIBklm6QAtSgD1D2cqMU7D_hZZuTBt50GvAu8enik-0BZlfIo3ZrP9SDCaY2mVG 3/30/2013 Having trouble viewing this email? http://campaign.r20.constantcontact.com/render?llr=99asbrdab&v=001o1NWE3yaJ-okH8xUE1Etvh-rXjkNjGnQ5CSZGbC2_fm-uR8-JtkkEHEEaeIHT3KRklkA02QG3bTfIXYo6R_nNzi-Ji6yxNQq2wJQBUoTr_1S_n2G5UMZqw3TqPtYVSi5 Take care, --------------------------------------------------------------------------------------------------------------------------------- Having trouble viewing this email? Click here http://campaign.r20.constantcontact.com/render?llr=99asbrdab&v=001dd8yjkr0-rD5oNRI8aoyklXifOnNJqQgH30p7RW7a9wAiT6U5gdAgxkUIXDDdxb4qjR5qyYuuhdW_DW6385wlykc4yBDkxG9SXfagUHDYt4uI62oZ_S1hIzUrcA1pj4k CCFJ BANNER [http://r20.rs6.net/tn.jsp?e=001eeNyqLryht8kdJGxCFFls_3WLDKHQ95pU8ToZ3Z8wMJFh1RiXMWUGDtcew205Z-0WKq7eg6ooVlSeMEWUCAIAI2-I1j74U7HYKNhak1kk-U=] WEEKLY NEWSLETTER Issue: # 12 March 23, 2013 In This Newsletter THE HOA/CONDO REFORM BILLS TOWN HALL MEETING IN DORAL Investor unfairly jacks up homeowner association fees in Leesburg subdivision Margate Police Officer Makes False Statements to Taxpayers CONDOCRAZE & HOAs Boca Quay's HOA bans skateboards,scooters, kids outraged over lack of places to play Citizens CEO: Give insurance consumers more choice Florida's foreclosure rate more than three times the national average 3/19/2013 ANOTHER HOA HORROR STORY -- INVESTOR BANKRUPTS HOMEOWNERS Having trouble viewing this email? Click here http://campaign.r20.constantcontact.com/render?llr=99asbrdab&v=001VZO97oWchjBC_8CU-ZKwVKvMPQpsAG84DvGscAWo4wn1Dh2gBtAi0gkq4YVqqR2nS7Nl7T8z231mA2zzWMUS7lD3HcVo3XRVM3T99WsqQximnlkfY3DjniR8cvvDkFs3 Click here http://campaign.r20.constantcontact.com/render?llr=99asbrdab&v=001AYtQarwRIsAxq5p4FdwR3mENB9dzBpIMRglP9bxc7-Tlhi-cvWJKod-8TKTYH37yoQb2I1PkHtWW_SIKhYrDa68nJQnuGxaaj3zzsFffUTioIIFPjmHSO0hz8E5RYzm9 CCFJ BANNER [http://r20.rs6.net/tn.jsp?e=001oEoqysy_jqVSuKaokkHitKNRGVJgcEZ_SKKdafb01DSP0ZRfVtsv1GZoS392191LkCA1IOnnyuPb1HbzxNuPu5ZK2VVJQ-BIVref0XAmI0M=] WEEKLY NEWSLETTER Issue: # 11 March 16, 2013 In This Newsletter THE HOA/CONDO REFORM BILLS H 73 -- THE DEVIL IS IN THE DETAIL Developer accused of stealing residents' utility payments CONDOMINIUM AND HOMEOWNER ASSOCIATIONS BEWARE: BAD BILLS ARE HERE (H 73 and H 1339) CONDOCRAZE & HOAs Presidential politics have nothing on Kings Point condo board race Banks dawdle in foreclosure court Tiara condo owners may recoup millions from insurer Margate Homeowners Association to Recall Board Members for Misfeasance ------------------------------------------------------------------------------------------------------------------------------- 3/9/2013 Having trouble viewing this email? Click here http://campaign.r20.constantcontact.com/render?llr=99asbrdab&v=001Nj0eJ9UAEfn7bC2uxDFQ5EnFrWKoSxpmiRLep-w6qXfoLBzox3RMl2Sg2qIlVT7C0CLxzkoU4NP7F8Ue6QXHcl6TRwwMKBlk-lhthUcvLnCjQ2qdU8wCggzUZsNg7ysf CCFJ BANNER [http://r20.rs6.net/tn.jsp?e=001CzJCH4_XNMgDZAM41OMNj-59AQuNGreCLi5MbgdaJqeLDjL7u36zhMlSKS9ULbbY85yDRRxneelWJEzA1rUuRVDid7H5W8kyfdvXNRzclDI=] ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ WEEKLY NEWSLETTER ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Issue: # 10 March 9, 2013 In This Newsletter THE HOA/CONDO REFORM BILLS HOA debt Florida court weighs using gated-community access to collect HOA debt Condo association laws need a Legislative fix Florida lawmakers to angry voters: We hear you! CONDOCRAZE & HOAs Foreclosure-related bills hope to ease housing crisis Citizens named in class-action suit West Boynton condo fight over water aerobics class like 'battle of the titans' Citizens Property Insurance releases list of internal complaints ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ Having trouble viewing this email? Click here http://campaign.r20.constantcontact.com/render?llr=99asbrdab&v=001GW57Qq-hwGQwgQ3MhP4JmoIKQn07UgNEHqy21Wtsz2K2bYJtsK2rGulu9QgiNdm-pTMSBxslaSzYWMXJsezdXlqYgvQByyoKnp1JFpNKi5HGlBLpowISY4ce-RC0LJH- 600HOAREFBillBan [http://r20.rs6.net/tn.jsp?e=001rm0GV1TWzfTPXj_cUU48QJZdo9_TNuvnv3POU2cyf4D_GP2fgxbw1cKJeaOtpHkRkHL-fVUqlAafa75OflmEC8qWLGZSUvGDejlyCqwVGYKUOcESFkHH9g==] ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~$Dear Florida Homeowner and Condo Owner:$ The Florida legislative session 2013 starts on Tuesday, March 5. Our bills S 580 and S 596 are to be heard in the Senate Committee and Regulated Industries. Please see: http://www.hoareformbill.net/ [http://r20.rs6.net/tn.jsp?e=001rm0GV1TWzfTPXj_cUU48QJZdo9_TNuvnv3POU2cyf4D_GP2fgxbw1cKJeaOtpHkRkHL-fVUqlAafa75OflmEC8qWLGZSUvGDejlyCqwVGYKUOcESFkHH9g==] It is of utmost importance that these two Senate bills will be heard as soon as possible in this committee. Central Florida's Senator Kelli Stargel (Lakeland) is the chair of the Senate Committee on Regulated Industries, the committee where S 580 and S596 will be heard first. It would be really helpful if you, as her constituent, contact her office by phone or e-mail (see info below) and ask her to "please add S580 and S596 (Community Associations -- Sen. Alan Hays) on the agenda of the next meeting of the Committee on Regulated Industries?" You could add something like: "Like me, many of my neighbors as well as individuals living in homeowner associations throughout the Florida are following these bills very closely. Please make these two bills a priority in your Committee by hearing them as soon as possible." Here is a general idea for things you could write in your e-mail: Senator Kelli Stargel; In my opinion, there is nothing more important impacting the quality of life in our community than the much needed HOA reform. It is my understanding that the two pieces of HOA reform legislation SB 580 & SB 596, by Senator Hays will be heard first in your Regulated Industries Committee, but have not yet been scheduled to be heard. Like me, many of my neighbors as well as individuals living in homeowner associations throughout the Florida are following these bills very closely. Please make these two bills a priority in your Committee by hearing them as soon as possible. Thank you for your attention to my request and please let me know as soon as you know a date that SB 580 & SB 596 will be heard. Here are the contact addresses: Senator Kelli Stargel (R --Distr. 15) 902 S. Florida Avenue, Suite 101 Lakeland, FL 33803 E-Mail: stargel.kelli.web@flsenate.gov [mailto:stargel.kelli.web@flsenate.gov] Legislative Assistant: Rachel Barnes Barnes.Rachel@flsenate.gov [mailto:Barnes.Rachel@flsenate.gov] District Phone: (863) 284-4430 District Secretary: Samantha Van Camp Your help supporting our bills would be very much appreciated! Please contact the office of Senator Stargel by phone or send an e-mail to Senator Stargel with copy to her legislative aid Rachel Barnes! Warm Regards, Jan Bergemann, President Cyber Citizens For Justice, Inc. ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ --------------------------------------------------------------------------------------------------------------------------------- Having trouble viewing this email? ttp://campaign.r20.constantcontact.com/render?llr=99asbrdab&v=001GW57Qq-hwGQwgQ3MhP4JmtAZa7OW9jfKwzeQ2hxcllBh98mmwv_VytCMhC8ArFYvzA-tsLEw8N8iWWhnPoK4WmmJxUxbX7UNrF-A6IiVsOLH1quD2FaKBnFMgDMVJsYq
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12/15/2012 Method 1: The Use Of "bogus" Homeowners AssociationsThe Developer advertises his developments as having a Homeowners Association (HOA). The trusting buyer thinks the Developer is on the up and up and that the HOA is recognized by the State of Florida as a valid HOA and thus his property is protected by Florida Law 720 Homeowners Associations. The Developer can use two methods to avoid protection by FS 720. (1) He can establishes the HOA as a "for-profit corporation" and thus become a "bogus" HOA or (2) He can establishes his HOA as a "not-for-profit corporation' giving it the appearance of a "valid" HOA, but withholding the essential legal powers the HOA must have in order to be protected by FS 720.
Method 2: The Use Of "valid" Homeowners Associations
The Developer incorporates wording into the Controlling Documents (CD) which are attached to the sale of the property, prior to the sale. The wording gives him absolute control of all services in the community which the homeowner must accept without questions. The wording gives him absolute control of fees and fee increases in the community. In addition the wording gives him the special power to lien, and forecloses on a lien if the homeowner refuses to pay his fees. The wording gives him power to impose any type of fee any time for any reason.
The Covenants are used to trump FS 222 Homestead and Exemptions. The CDs are attached to the sale of the property. The FS 222 only takes effect after the sale of the property. The CDs give the Developer special authority to lien and foreclose on a lien. FS 222 specifies four conditions for a valid lien on a Florida homestead.
Method 3: Dubious Advertising
The greedy Developer presents his development as an active retirement community with happy, fun loving people. Mention is made of a Homeowners Association but its function is not explained.
The buyer once seeing the mention of a Homeowners Association is duped into thinking the HOA sets fees, controls the development, and looks after the welfare of homeowners. If he has already experienced an HOA in the past, he thinks he is buying into a "valid" HOA. It is not till much later on he discovers he has been duped by the Developer.
Method 4: Dubious Sales Pitches
The buyer is told by the Sales people that there is an HOA. They may even be given documents which indicate the HOA sets fees and controls operations. There is even mention that after 90% build out the Developer controlled HOA is transitioned to the homeowners in the development. Later on the buyer finds there is no transition, or that the HOA has no legal or financial powers. Some Developers use their voting rights in "valid" HOA’s which may be as high as 9 votes per lot owned, to keep control of the community forever.
Method 5: Controlling Document Changes
Some Developers may start their development as a "valid" HOA. Since the Developer is in effect the HOA in the beginning, he has the power to change all Controlling Documents. He can remove all the legal powers of a "valid" HOA and replaces those powers with functionary duties such as "social, educational, and cultural" duties. In effect a "valid" HOA cam be changed into a "bogus" HOA and it is thus no longer protected by FS 720.
Method 6: Intimidation
This is one of the favorite methods used by Developers and Development owners. Senior Citizens are particularly intimidated by threats of loss of their homes for which they have saved for all their life. In some instances threats of physical violence have been used to keep homeowners from taking any legal action..
Threats are also made that fees will increase or legal action may be taken by the Developer or Development owner unless the homeowner does what the Developer or Development owner wants.
Cyber Citizens For Justice, Inc. News
December 15, 2012
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Cyber Citizens For Justice, Inc. News
December 15, 2012
Dear Florida Homeowner and Condo Owner:
lots of County Legislative Delegation Meetings this week -- many well attended.
It's sometimes pretty interesting what various speakers have to "offer." The
Flagler County meeting had lots of fireworks when both sides of "vacation rentals"
presented their side of the story. I would as well be "miffed" if I would live
in a residential community and have suddenly 18 vacationing bikers as neighbors
for a week. Peaceful residential community? Not if they allow vacation rentals!
But it is really important that the local legislators hear from their local constituents
about the problems in community associations. Please attend the Legislative Delegation
meetings in your county. It's mostly around the corner and you have the ear of
all the State legislators in your county. You'll never get a better chance to be
heard.
I have posted the meetings scheduled for next week on this webpage:
http://www.ccfj.net/HOAREFBILLLEGDEL2.html [http://r20.rs6.net/tn.jsp?e=001aLjpE7wgFfvlATDzDEIn91XeTXDOZZrCKISpU8GiL06pUPd6HQDODmavG-UJE0T5gpd_QXYwIA8_wBV1pvjF4we8SJLLFJelZyiI0x5npuHa_FAI3OWU3UwLWiKJfuf8YJhDxIahjcc=]
I posted as well the presentation I made to various county delegations. Please
go there and be heard! Next stop is Tallahassee -- a long way to go for most of
you! I'll go next week to the meeting in Seminole County. The county meetings
will resume after New Year. I'm already working on the details and will let you
know when and where - and how to get on the agenda as a speaker. Sometimes it's
tricky to find out since most of the new legislators haven't posted their contact
addresses yet!
OurFlorida HOA & Condo Blog is discussing this week the new HOA REFORM BILLS to
be filed. Please read and comment. My blog this week is headlined: "HOA REFORM
BILL IMPERATIVE FOR FLORIDA'S ECONOMY!" We are discussing the new bills at today's
meeting in Orlando.
HOABLOGFR600 [http://r20.rs6.net/tn.jsp?e=001aLjpE7wgFfvFwZFHzPCTTkq8zyvHG5-398WkCS3-NiGjIY0TtyL-LvV_5XQOlsWrkjiOBZyBiX2YHbYC8xIz7Vw9wno5vx-ZPW4IRuXlDJECCfIQOA9wtA==]
CLICK ON BANNER TO GO TO THE BLOG WEBSITE!
As a preview: Next week we will be discussing "YEAR END FINANCIAL REPORTING" --
another hot topic that often creates fireworks between board members and owners.
Have a great weekend!
Warm Regards,
Jan Bergemann, President
Cyber Citizens For Justice, Inc.
------------------------------------------------------------------------------------------------------------------------------
12/13/2012 ACTION ALERT
IMPORTANT REMINDER
IF YOU LIVE IN CENTRAL FLORIDA, DON'T FORGET TO PARTICIPATE IN THE BOARD CERTIFICATION
SEMINAR AND PANEL DISCUSSION OF THE NEW HOA REFORM BILL:
DATE:SATURDAY, DECEMBER 15, 2012
TIME: 10:00AM to 1:00PM ???
LOCATION: Holiday Inn at Universal Studios in Orlando
5905 South Kirkman Road, Orlando, FL 32819
PANEL MEMBERS:
Eric Glazer, Esq. (Ft.Lauderdale)
Ralph Udick (Lady Lake)
Jan Bergemann (DeLand)
SEE YOU THERE!
IT'S IMPORTANT!
------------------------------------------------------------------------------------------------
ATTENTION
INDIAN RIVER, BROWARD, ORANGE, OSCEOLA, PALM BEACH, SEMINOLE, ST. JOHNS and ST.LUCIE
COUNTY
http://www.ccfj.net/HOAREFBILLLEGDEL2.html [http://r20.rs6.net/tn.jsp?e=001clOfyQmQVX1ctCxi92VrCgIywkHbNhmtVfg8IvEkNeP--HyI3Djh4fRjV83Wr-zgKNPvCrFyX7or-Y1s-3pcDsnob5UsNIVCEdGP_CCnWuLo-gP5kSqaEkGKvFw3g-WKQWQnyxhp4Hw=]
Dear Florida Homeowners,
Next week county legislative delegation meetings are scheduled for Broward, Indian
River, Orange, Osceola, Palm Beach, Seminole, St. Johns and St. Lucie County. Please
click on the link above for more details.
The bills, so far, will contain the following provisions for HOAs:
1.) Regulatory Agency
2.) Election Regulations
3.) Board member Certification
4.) Board member Eligibility
5.) Developer Turnover Control
6.) Prohibit Directors to receive any kind of "kickbacks."
7.) Director's Vote - Conflict of Interest
8.) Removal of directors charged with crimes
9.) Disallow personnel charges for record requests
We used the recent survey results to work on the draft of two bills that will
address the issues most wanted by the folks who responded to the survey. Now it's
up to you to provide the help needed to get these bills enacted. Power is in numbers
-- meaning we need YOUR HELP! Help by going to the County Legislative Delegation
meetings and by donating to our lobbying fund for the bill. We are planning town
hall meetings in different regions of the state and lots of trips to Tallie during
the legislative session. Believe me, lobbying for such a reform bill doesn't come
cheap. Tallahassee is expensive and far away for most of us!
That's why it's important that you all go to the County Legislative Delegation
meetings in your neighborhood. It's mostly just around the corner -- a great chance
to address the local legislators in your neighborhood.
Members of CCFJ attended this week meetings in Brevard, Flagler and Volusia County.
The legislators sure paid attention and listened to what we had to say. I posted
my presentation on the web, together with the detailed invitations for the meetings
scheduled for next week. Even if you miss the deadline to be added to the agenda
as speaker, you can still go to the meeting and speak. You can sign up directly
at the meeting. I was Tuesday at the meetings of Flagler and Volusia County. In
both cases the legislators were very accommodating and even made "last calls!"
So, please attend these meetings in your neighborhood. Going to Tallie is a long
way for most of us.
PLEASE CLICK HERE:
http://www.ccfj.net/HOAREFBILLLEGDEL2.html [http://r20.rs6.net/tn.jsp?e=001clOfyQmQVX1ctCxi92VrCgIywkHbNhmtVfg8IvEkNeP--HyI3Djh4fRjV83Wr-zgKNPvCrFyX7or-Y1s-3pcDsnob5UsNIVCEdGP_CCnWuLo-gP5kSqaEkGKvFw3g-WKQWQnyxhp4Hw=]
Please, make sure that you attend these meetings if you live in these counties.
It's really important that the legislators hear from their constituents. If you
have any questions, please e-mail me at: jan@ccfj.net [mailto:jan@ccfj.net]
or call me at (386) 740-1503.
Please take your time and address your local legislators. Fighting with your HOA
takes a lot longer -- and sure costs a lot more money!
So, help us so we can help you!
There will be a lot more County Legislative Delegation Meetings just after New Year!
Warm Regards,
Jan Bergemann, President
Cyber Citizens For Justice, Inc.
--------------------------------------------------------------------------------------------------------------------------------
Dear Florida Homeowners,
If you live in Central Florida, please attend our PANEL DISCUSSION about the new
HOA REFORM BILL that will be filed for the upcoming legislative session in 2013.
The discussion will take place after the end of the official CONDO/HOA
Board Certification Seminar. Please register for the
seminar here:
CCHOACert [http://r20.rs6.net/tn.jsp?e=001fW8BrqHXQ9DbYcEM0CootOvW641ydRUgBi1ty-bvxDg3msp7kvMtLIL5Lk7M52gJcI6VWb2znmNlbXo2IhzPVyTXO1x5JO5io9ctSCimyef7pdcQjgk8qYuEEOOdyZ40nVEeN1Qvq6iGv-OIeZRb6Q==]
PANEL DISCUSSION
DATE: SATURDAY, DECEMBER 15, 2012
TIME: 12 noon to 1:00PM
LOCATION: Holiday Inn at Universal Studios in Orlando
5905 South Kirkman Road, Orlando, FL 32819
PANEL MEMBERS:
Eric Glazer, Esq. (Ft.Lauderdale)
Ralph Udick (Lady Lake)
Jan Bergemann (DeLand)
The bills will contain the following provisions for HOAs:
1.) Regulatory Agency
2.) Election Regulations
3.) Board member Certification
4.) Board member Eligibility
5.) Developer Turnover Control
6.) Prohibit Directors to receive any kind of "kickbacks."
7.) Director's Vote - Conflict of Interest
8.) Removal of directors charged with crimes
9.) Disallow personnel charges for record requests
The bill is about consumer protection and making Florida again attractive for retirees
and snowbirds.
We will discuss the contents of the bill, how it will help associations and owners,
what supporters of the bill can do to help and we will answer any questions you
may have!
Warm Regards,
Jan Bergemann, President
Cyber Citizens For Justice, Inc.
VISIT THE WEBSITE:
CCHlogo584 [http://r20.rs6.net/tn.jsp?e=001fW8BrqHXQ9DlhKAhfjFQC9t9n_nnH_fbDNhbpC-iuUfw1hBtpY60yhjseAZpKsR-Mba_7p4vF
------------------------------------------------------------------------------------------------------------------------
Cyber Citizens For Justice, Inc. News
December 8, 2012
Dear Florida Homeowner and Condo Owner:
our HOA/Condo Reform bills are in Tallahassee in "bill drafting" -- in House and
Senate. We will discuss the bills and the planned contents next week on the Florida
HOA&Condo Blog and we will have a panel discussion about the bill at the end of
Eric Glazer's Board Certification Seminar in Orlando on Saturday, December 15.
On the panel: Eric Glazer, Esq, Ralph Udick (Lady Lake) and Jan Bergemann (Deland).
I will send out a special invitation with all the details. We have started the
process and worked hard to find sponsors willing to support our cause. Now it's
up to you and all Florida association members to support bills that really create
reforms and deal with the daily issues of association life. These are consumer-friendly
bills unlike the special interest bills we have seen enacted in the last few years.
Don't forget to visit ourFlorida HOA & Condo Blog. The discussion this week: "Christmas
decorations and lights!" My blog this week is headlined: "It's Christmas time -
time to get in trouble with your association?"
HOABLOGFR600 [http://r20.rs6.net/tn.jsp?e=001JxMI-Uy-YgkF2AsnjFfa3TtiJV4s12RkmJxTOJVqzL3f9HvoyYjXal0ffdvyjcRl0RBiV9bw6jKjP7g1Ywq5j9eB9wMH4ITbRYtNSsG51hme5HVcusU3Uw==]
CLICK ON BANNER TO GO TO THE BLOG WEBSITE!
As a preview: Next week we will be discussing the bills to be filed in Tallahassee,
what provisions will be in these bills and how you can help to get these bills
enacted!
Have a great weekend!
Warm Regards,
Jan Bergemann, President
Cyber Citizens For Justice, Inc.
-----------------------------------------------------------------------------------------------------
Cyber Citizens For Justice, Inc. News
December 1, 2012
Dear Florida Homeowner and Condo Owner:
our HOA/Condo Reform Bill is taking shape. The bill is in "bill writing" and will
hopefully soon be ready to get published. I am working on a new website to keep
you always informed about the progress of the bill -- and alert you when your
support of the bill is needed. Next on the agenda will be the meetings of the County
Legislative Delegations. I am working on a complete list of all the meetings in
the counties. It is of outmost importance that you go to these meetings in your
neighborhood to ask your local legislators to support our bill. It's much easier
to attend these meetings than going all the way to Tallahassee. I will personally
attend most of these meetings here in Central Florida. More about it in the near
future!
Don't forget to visit ourFlorida HOA & Condo Blog. The discussion about RESERVE
FUNDS is lighting up the bulletin board of our blog website. But the discussion
hinges not so much on the funding of reserves, but the spending of these funds.
The most common complaint: "Our board is spending the reserve funds for other purposes
than intended!" My blog this week is headlined: "RESERVES CAN SAVE YOUR HOME!"
HOABLOGFR600 [http://r20.rs6.net/tn.jsp?e=0012tOLN397lMuV3HOu-zZDnZgtIwsbtSHiwaoUIecNuo7aiwMRBUZ2Ey0aPLkdZ3d1UZwElXwFKZB01syMU5XxgV7kqgTpyn5SQVFv6Vq2wHJ-uHMGbb_0HQ==]
CLICK ON BANNER TO GO TO THE BLOG WEBSITE!
As a preview:Next week we will talk about"HOLIDAY DECORATIONS." Every year the
fight over holiday decorations starts again and fills the headlines of the media.
Should a community association be allowed to tell an owner how little -- or none
-- holiday decoration is reasonable?
Have a great weekend!
Warm Regards,
Jan Bergemann, President
Cyber Citizens For Justice, Inc.
-----------------------------------------------------------------------------------------------------------------------------
Cyber Citizens For Justice, Inc. News
November 24, 2012
Dear Florida Homeowner and Condo Owner:
the results of the HOA REFORM BILL SURVEY are published. No "shocking" results.
The survey showed what we said all along: Owners want consumer protection. If you
haven't looked at the results yet, please go to:
http://www.ccfj.net/CCFJHOASurvCovLet.html [http://r20.rs6.net/tn.jsp?e=0010bjEmchUAgaYnsZou92Uw1262NZC3tzTaZmiktLXyZVUA8FOY5VpwrLp5I32o1dtSuX1xBwo6MnPd_x0Q0bFbUop9q-lgcWP-JfIpbNCn7D9rZdA5QJXi32Z3EjAGO_rSvDFluGaLeI=]
None of the 10 questions asked got an approval rate of less than 84,7%.
Our bill was given to bill-writing in Tallahassee. But if we want to be successful
in the 2013 legislative session, we all need to help convincing our legislators
that this bill is desperately needed to improve Florida's economy again. Florida
needs the steady flow of new retirees and snowbirds coming back to Florida. AZ
and the Carolinas are only too happy to see that Florida fails to create some
much needed consumer protection for community association members!
Don't forget to visit ourFlorida HOA & Condo Blog. It was Thanksgiving Day -- is
there anything owners living in community associations should be thankful for?
My blog this week is headlined: "WHAT SHOULD WE GIVE THANKS FOR?"
HOABLOGFR600 [http://r20.rs6.net/tn.jsp?e=0010bjEmchUAgZqXQjn9JLOPt8VxsN2QOSvgPvaU8kaEjLAmCo0-RaTd4ZJZhnIThO4EyPnUrYC4qis6lW7sEmCqDu_68IuEg7c3ONlv6z6oIX7tpL-t-xEUQ==]
CLICK ON BANNER TO GO TO THE BLOG WEBSITE!
As a preview:Next week we will talk about "Reserve Funds" -- another hot topic
that often leads to "wars" between board members and owners.
Warm Regards,
Jan Bergemann, President
Cyber Citizens For Justice, Inc.
-----------------------------------------------------------------------------------------------------------------------------------
Cyber Citizens For Justice, Inc. News
November 17, 2012
Dear Florida Homeowner and Condo Owner:
elections are over -- more or less -- and we can all go back to our daily lives.
You can even watch the TV networks again without getting bombarded with stupid
campaign ads! After Thanksgiving we can again work on our great project for next
year's legislative session: The HOA/CONDO REFORM BILL.
We are working on the final touches to publishing the results of the HOA Reform
Bill Survey. If all goes according to plan I will publish it on Monday!
Don't forget to visit ourFlorida HOA & Condo Blog. This week's topic discusses
the " education" of board members and owners!
My blog this week is headlined: "EDUCATION SAVES MONEY!"
HOABLOGFR600 [http://r20.rs6.net/tn.jsp?e=001fYpnSnQ6p-J1POKvtKxNAIJukmaXNNafU1_ooUB5Iiob1eMozT9bQ46j7f1BZm0a7kyRg3WawWtfTQIZYnIb-7Ppudqfb9ap42a6AY8C4fEuFKm02S5jbw==]
CLICK ON BANNER TO GO TO THE BLOG WEBSITE!
As a preview:Next week we will talk about "What should we give THANKS for -- on
Turkey Day?" Always remember: It could have been much worse!
Have a great Thanksgiving Day!
Warm Regards,
Jan Bergemann, President
Cyber Citizens For Justice, Inc.
-----------------------------------------------------------------------------------------------------------------------------

11/16/2012 Tune into Condo Craze and HOA's this Sunday at noon on 850 WFTL where our topics will include:
1. IF YOU THINK THAT THE CONDO LAWS ARE BAD, WAIT UNTIL YOU HEAR WHAT THE HOA LAWS SAY.
2. THE CASE FOR PRE-SUIT MEDIATION BEFORE GOING TO COURT.
3. HOA AND OWNERS WAGE AN 11 YEAR BATTLE OVER GRASS -- AN EXPENSIVE FIGHT. FIND OUT WHO WON.
4. ONE HOA HITS AN OWNER WITH MORE THAN HALF A MILLION DOLLARS IN FINES. CAN THEY DO THAT?
| 08/20/12 | Warning about Short Sales It is advisable to seek the advice of Tax Attorney or CPA before seeking a Short Sale remedy. According to the IRS, forgiveness of debt becomes taxable income to the seller under this condition. This may, when added to your present income increase your tax bracket. |
|---|

Tune into Condo Craze and HOA's this Sunday at noon on 850 WFTL where our topics will include:
1. Cursing, lying, accusations flying! All about libel and slander suits in our community associations.
2. What areas of the country will be the best to live in and retire to in the next 20 years? You won't believe where Florida ranks.
3. Another week, another arrest for stealing association funds. Find out the latest about one case involving theft from the association that's over 6 years old!
4. Can they really do that? One renter gets an eviction notice after complaining to the Board about raccoons. Find out if she prevailed.
Our Sponsors:
For further information and to register for our upcoming Board Certification seminars in Orlando, Hollywood and Naples, please visit the show's website at: www.condocrazeandhoas.com and click on the tab.
Call in with your questions or comments, live and on the air, to: 877-850-8585. You can also e-mail us your questions by visiting the show's website at www.condocrazeandhoas.com and clicking on the "e-mail the show" tab. Condo Craze and HOAs will also be streamed live on the internet at www.850wftl.com and you can also listen to the show on your smart phone.
Become a fan of the show on FACEBOOK
Click here to participate in our new HOA and Condo Blog
-------------------------------------------------------------------------------------------------------------------------
In our opinion, we have been denied our 14th Amendment civil right to "equal protection under the law" and must now ask the U.S. Department of Justice to censure the State of Florida and provide relief to over 15,000 Marion County homeowners living under the tyranny of bad developers and bad homeowners' associations.
Hugh Haggerty
OcalaCyber Citizens For Justice, Inc. News
April 21, 2012
Dear Florida Homeowner and Condo Owner:
The FORECLOSURE mess is still making the biggest headlines in the media. Don't always
believe all the stories you see in print -- just look at the real numbers. You will
quickly see that all the nice "recovery" stories don't go along with the actual
numbers. You know: Numbers don't lie! Florida's courts are overpowered and the number
of foreclosures is actually increasing -- as predicted. There is still a huge number
of foreclosures to be dealt with -- all the ones that were put on a backburner because
of the robo-signing scandal.
And "Congressman" David Rivera gets away with all his financial shenanigans. According
to the FDLE report he used lots of campaign funds for private purposes. Obviously
he made a great living of it. But, as usual, many loopholes in our laws protect
him from prosecution. It seems that only D-commissioners are getting convicted.
Big bad Republicans in high offices can violate every rule in the book without getting
the well-deserved punishment -- see "Senator" Jim Norman.
And the prosecution of the players in the Nevada construction defect lawsuit scam
continues. More and more players are agreeing to plea bargains -- no matter that
some of the main players turn up dead!
The new Blog website is a huge success. In one week the new website had 1872 visitors
who posted lots of interesting comments.
This week's theme: Neighborhood Watch Problems. My blog:
HOA BEWARE: IT'S "NEIGHBORHOOD WATCH" - NOT "NEIGHBORHOOD SHOOT"!
Read the opinions of the bloggers and add your comments -- and any interesting stories
you may have.
HOABLOGFR600 [
http://r20.rs6.net/tn.jsp?e=001de_TZ_uSmaQrnHJQ6V6WqcAzTqRZCnxzmSjsC0Q8PS3YSz4_YbFY1ofWJmMC9Dps-sbLwPJRitscT7vemROgHwmLZS621w0vlJf3toWz7dNRxV82l2S-5w==]CLICK
ON BANNER TO GO TO THE BLOG WEBSITE!
Warm Regards,
Jan Bergemann, President
Cyber Citizens For Justice, Inc.
|
On Sept. 27, 2011, state Rep. Dennis Baxley's legislative committee
promised to help the 15,000 homeowners in Marion County who are
suffering financial oppression by developers and homeowner associations.
Yet, we could find no revisions to FS720 statute regarding homeowners
associations submitted by his committee. The legislative session ended on
March 10, 2012.
HH
Ocala
3/17/2012 Cyber Citizens For Justice, Inc. News
MARCH 17, 2012
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Dear Florida Homeowner and Condo Owner:
I had on Thursday afternoon a long talk with the new Condo Ombudsman Bruce Campbell,
who visited me in my home. Since Virgil Rizzo he is the first condo ombudsman appointed
who has real knowledge of condominium law. Bruce Campbell worked for many years
as an arbitrator for the DBPR Condo Division and had the reputation of being a fair
arbitrator. I found the conversation we had very helpful and it makes me hope that
the Condo Ombudsman's Office is seeing better days again.
I wish Bruce Campbell good luck in his new job and hope that he can return the Ombudsman's
Office to the good reputation it once had!
This week's topic on the HOA & CONDO Blog in the Orlando Sentinel discusses the
problem of the failure of the legislature to pass any bill to help community associations
in any way. More than 4 million properties are located within condominium associations
and homeowners' associations in Florida. And the situation in many of these communities
is getting worse by the day. But the legislators were more concerned about allowing
to color Easter chicks pink than helping their constituents!
The headline of my Blog this week:
VICTORY -- ILL-ADVISED HOA/CONDO BILL DIED IN THE SENATE
I am still amazed about the claim of CAN (KGB) and CALL (B&P) that the dead community
association bill H319 would have been good for associations. So far both of these
lawyer-lobbying groups have failed to name EVEN ONE provision in this ill-advised
bill proposal that would have helped associations and their owners deal with the
problems caused by unpaid dues and foreclosures.
Visit our blog [
http://r20.rs6.net/tn.jsp?et=1109547463654&s=2145&e=001gmelClBCRoVGu8TP3QtWAFBLGkxNAl9BSAMFcrmT8Ss0bZLtozOg0vOUvDo26GVv36b_c9kGx_Qx4OkcCVaOOdS4jS3T_sVAJfu47nQymSVEdC0nDydco_NTZqUL0JNImoxWI1sGh4AyDov3RbRtVipu2WvOFtr4LMx4m4-lHaQ=]
Read the opinions of the bloggers and add your comments -- and any stories you may
have!
Warm Regards,
Jan Bergemann, President
Cyber Citizens For Justice, Inc.
March 10, 2012
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
H319/S680 --
BANKERS' BAIL OUT BILL DEAD!
Dear Florida Homeowners and Condo Owners:
STRENGTH IS IN NUMBERS!
CONGRATULATIONS TO ALL OF YOU WHO HELPED FIGHT THIS BAD BILL! THE BILL DIED A WELL-DESERVED
DEATH ON THE LAST DAY OF THE SESSION!
Thank you all for helping to avoid a disaster! This bill was really BAD!
Nothing good for associations/owners can be in any bill that is supported by a coalition
of CAN, CALL, Florida Bankers' Association and Bank of America. But this legislative
session showed who is NOT lobbying for associations/owners!
I hope many board members learned a lesson in who is for them and who is against
them! It sure was a WAKE-UP CALL!
GOOD NIGHT!
.
Warm Regards,
Jan Bergemann, President
Cyber Citizens For Justice, Inc.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~3/10/2012 Dear Florida Homeowner and Condo Owner:
The legislative session ended last night. More about the results next week. Thanks
to all of you who participated in the last ditch e-mail alert effort.
But the legislature has to come back for a special session because the Supreme Court
rejected the Senate Redistricting map -- as expected. The Senate tried to circumvent
amendments 5 + 6 we voters passed last year. More details below in the article about
the court ruling!
This week's topic on the HOA & CONDO Blog in the Orlando Sentinel discusses the
problems of HOA Record Requests. My headline:
HOA Record Requests - Statutes Without Teeth
Visit our blog [http://r20.rs6.net/tn.jsp?et=1109494335730&s=2145&e=001YIfyLdMSH9iLkdOr95CU-skwUW3OeuQ8Hl6iY6R0JWWlB8ZaNOxHcAYYDmEEPD5UVNo86RXUn3hu17_8PhEW6QO1ngj5gZYZxxgzKchkI4ZtZmRSTf6exRjPgUaz4atPOCL9k-ahKjbueaiFVnjJdyfMXSFcx8lTb9TAYa_hju4=]
Read the opinions of the bloggers and add your comments -- and any stories you may
have!
Warm Regards,
Jan Bergemann, President
Cyber Citizens For Justice, Inc.
March 9, 2012
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
CALL TO ACTION:
E-MAIL TO ALL SENATORS
STOP S680 -- BANKERS' BAIL OUT BILL!
Dear Florida Homeowners and Condo Owners:
PLEASE ACT IMMEDIATELY!
S 680 is on today's Special Order Calendar of the Senate. It's the last day of
the session. Senator Bogdanoff wants to amend her bill S680 so it equals H319 --
the Bankers' Bail Out Bill.
The only question here: Should associations/owners pay the legal bills related to
collecting past due assessments, or should the banks be responsible for the damage
they caused? It's YOU or the BANKS. What is it? Do you want to pay again for the
financial problems banks and mortgage lenders caused? Write a fast e-mail to all
SENATORS. ACT NOW! Here is what I wrote to all senators:
------------------------------------------------------------------
Subject: VOTE NO on S 680 -- BANKERS' BAIL OUT BILL
Dear Senators,
Senator Bogdanoff's BANKERS' BAIL OUT BILL S 680 is on today's Special Order Calendar.
The amendments leave you with only one question:
Do you want to strengthen the BAIL OUT OF BANKERS even more?
If you feel that the bankers need even more protection against the liabilities they
created, please vote YES on S680 and the amendments.
If you want to support your constituents and protect them against higher living
expenses caused by ever increasing dues and special assessments, please VOTE NO
on this ill-advised bill.
Thank you!
Warm Regards,
Jan Bergemann, President
Cyber Citizens For Justice, Inc.
------------------------------------------------------------------------
Please go to this WEBSITE and you find all the necessary tools!
http://www.ccfj.net/CCFJH319ACTION.htm [http://r20.rs6.net/tn.jsp?et=1109490252032&s=2145&e=001DAdZvIBxuV8qJZ9G3MaySKIuPV4ikf-porWMkZWtMR2QwduWCbEwwwsCtb8EQp6L7epLtQdBaE1Dy0JzrN6Ez0vDzEt5Zv24EJsFFvCgnPv5JHElHRzAhyc3zCjJzFHv0UVyaTs39yE=]
Just scroll down on the above pager and click on the link:
COMPLETE LIST -- above the listing of all senators.
An e-mail form with the e-mail addresses of all senators should pop up!
Please participate in this grassroots effort to kill a bill that is about as anti-owner
as it gets. DO IT NOW! It's really important!
Warm Regards,
Jan Bergemann, President
Cyber Citizens For Justice, Inc.
March 3, 2012 ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ CALL TO ACTION: E-MAIL TO ALL SENATORS STOP H319 -- BANKERS' BAIL OUT BILL! Dear Florida Homeowners and Condo Owners: Please take 5 minutes of your time to write e-mails to all Florida Senators. The BANKERS' BAIL OUT BILL was approved by the Florida House and is now waiting to be moved in the Senate. Stop this nasty bill in its tracks! Five minutes of your time can save you lots of money in increased association dues and special assessments, because this bill attempts to bail out the bankers at your expense -- you will have to pay for the liabilities the banks created. I have everything prepared to make it easy for you. Please make sure your e-mails reach the senators latest Monday morning! Please go to this WEBSITE and you find all the necessary tools! http://www.ccfj.net/CCFJH319ACTION.htm [http://r20.rs6.net/tn.jsp?et=1109443646334&s=2145&e=001KZdXt2Giv_W3s06enOQtv3FOWMlXZUcoAEZc85rBw6RaoG2pUPDqqHzH450ChHOgzmXen3UqAsSBzdUacU8ut0NfWrjSKbaL8XryVwSfHFXwp6uY9LkTlD8GFLSACrI1fFuYIEGH2pU=] February 27, 2012 ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ DISPATCH TO FLORIDA'S LEGISLATORS Dear Florida Homeowner and Condo Owner: The dispatch below has just been sent to the Governor and all Florida Senators and House Representatives. H319 has turned from a good bill into an absolute anti-owner bill -- by strengthening the Safe Harbor provisions already in existence to some provisions that legalize election fraud and selective revocation of voting rights. It is really unbelievable what Representative Moraitis did to the bill he sponsored. I'm not sure how he can sleep at night considering what he wants to do to the about 4,5 million owners of properties located in community associations in Florida. Maybe the Senate realizes the serious problems in the House Bill and will use S680 with some changes as a tool to create useful reforms for community associations. Warm Regards, Jan Bergemann, President Cyber Citizens For Justice, Inc. ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ H 319 -- ANOTHER BANKERS' BAIL-OUT BILL Dear Florida Governor, Dear Lt. Governor, Dear Florida Legislators: Florida's homeowners and condo owners living in community associations are always asking: Why do Florida legislators fall over each other trying to protect bankers against liabilities they created, but when owners ask for much needed legislative help, they are plainly being ignored? The latest example: House Bill 319, sponsored by Rep. Moraitis. What started out as a pretty good bill (as you can see in the still intact companion bill S680) was destroyed by amendments filed by the sponsor at committee stops. H319 is now another bail-out bill for bankers and mortgage lenders, who really caused the whole financial disaster in our community associations. The still paying owners have to make up for the budget shortfalls caused by the so-called Safe Harbor provisions protecting banks to the detriment of the owners. If the banks want strengthened protections against legal fees, they should give something in return. Quid Pro Quo! Make it just 12 months of unpaid dues and eliminate the "1% of original mortgage" clause. Why should the owners always carry the financial burden to pay for the maintenance of the banks' collateral? The wording of H319 has a lot more flaws, from more or less legalizing election fraud - owners have no chance to get election documents in 60 days, short of using armed robbery - and sitting board members can suspend voting rights of foes, but don't have to suspend voting rights of friends. Is that what our country is all about? Why bail out bankers even more? In case you want to take a look to see why we are seeing more and more foreclosures? Owners, who fell behind in dues, are getting fleeced. I call it legalized Highway Robbery. Look at this example of a SETTLEMENT STIPULATION [http://r20.rs6.net/tn.jsp?et=1109389524046&s=2145&e=001v4rhozzMNfEs0N7QZ0imUwwvfR18lgUKghWiLo4R7dNtt3pTcVwZNZqf06p1fbHOXbaF-d3ukqBDe37QIR_B5vpLPdDCQbSc4Akrj2L6pvNOD_RkmK7-hs5HnspHtqIjJHsyPLdLotWx96MfCSOhsGWYRE8Z5Yabp7t0yPYqrokSl9r0xP_Pj7fKWUiCHATPxJNQwQt4f2E=]I heard about last Friday. $1,664 in unpaid dues mushroomed to $9,237.43 in total demand - or foreclosure on home. No Safe Harbor provisions for owners. In this case the owners even dispute the initial debt, but every time they tried to reason with the law firm, more legal fees were added. In this case the owners' English isn't perfect and they don't have the money to hire an attorney to fight for their rights. But even if the owners are behind in their dues, the question is: Does the punishment (either pay $9,237.43 or lose the home) fit the crime (failure to pay $1,664 in association dues)? Here is our suggestion to save this bill: S680 is still more or less intact as filed -- without Safe Harbor and other ill-advised changes. Please use S680 in the Senate version, as of today. Please make two small changes to the wording and you have a bill that will get you more or less no controversy, but it will earn praise from nearly everybody, except certain special interests. If H319 were enacted as is, it will be a very long summer for the sponsors of the bill. When media reports hit the headlines of newspapers, the bill's sponsors will have to explain why the provisions in this bill cause so much misery for homeowners and condo owners. Have a little compassion for the homeowners that got involved in this financial misery. Don't pass more laws that will create even more financial turmoil for your constituents. Please pass some laws that will help them to resolve urgent association problems! Warm Regards, Jan Bergemann, President Cyber Citizens For Justice, Inc. ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ QUICK LINKS CCFJFOUND150 [http://r20.rs6.net/tn.jsp?et=1109389524046&s=2145&e=001v4rhozzMNfE__oIjVFPVC_GULGy_vQi1OGMIy1qkAN1JLnCjTUWTq1ypdhiid0Byk80OASv6Z_24puh5RIbDrxRY0lIqZ7e-q65tCi5loWTv7EqOuV147xWf8EHJShyl] CCFJ Inc., Home [http://r20.rs6.net/tn.jsp?et=1109389524046&s=2145&e=001v4rhozzMNfGTp-pBZXk0_PtwKZg5SZOTJPXTGHGDMnTyVBY7aJI1pmVv8tEuUgtxVmkgi7_wvu5S2g6w51SbujUzfSWoccQuIzr3tEb1Ctk=] CCFJ Foundation [http://r20.rs6.net/tn.jsp?et=1109389524046&s=2145&e=001v4rhozzMNfGrZSU4vHBQ7SO9sXE4O79Xu2Uc6D8QcdNqtaKRbJQgS8BTANhTO-eggeRK-Kvy2h8Tk3-vp6ogzrGqefMlIq0LsZpa27eSoOfsfFZtBd6SPw==] Latest News [http://r20.rs6.net/tn.jsp?et=1109389524046&s=2145&e=001v4rhozzMNfFIXGD6ihbstBBNWhC1O49BBYd1ah35usjwWhSf-lnl0kvTt5XKP4yT3X9zfu1K5QY5N0wfclRFjlug3BT770Z20LQHeAAr7Psq-v5fT_B_cw==] Legislative Session [http://r20.rs6.net/tn.jsp?et=1109389524046&s=2145&e=001v4rhozzMNfEt9bF1YjeOM4gZ1pxt0TBwTJc_GNounKZCQvHhh4vxdFjgZHcpwkLQHnCt8Vpy2rtoxk91HpNsC7vLniEtdKcYeDmMSMVpfsB09YSJ5BPwlUt8m-Br1ZJt] HOA & Condo Blog [http://r20.rs6.net/tn.jsp?et=1109389524046&s=2145&e=001v4rhozzMNfFSxMsYsBtsdyv0MTqdVmWukVYES3NQFw7QBUtobe-R6sBTDefgsvuyCAF8FxwLfQ4BysX-zsoEuavp9XA9nu7PMmtZDU8omsRDoCF0XyfQIM_ugfD5cLjhWs5frDBjFv18VlNFmEiBeoc6S6GYPCYGQz38GclG0u4=] ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ DISPATCH TO FLORIDA'S LEGISLATORS Cyber Citizens For Justice, Inc. News FEBRUARY 25, 2012 ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dear Florida Homeowner and Condo Owner: The Florida legislature is again up to no good for homeowners and condo owners. H319 -- after being amended by Rep. Moraitis -- contains nothing but more vague wording, complicating and confusing matters even more. Honestly, legislators like Moraitis obviously don't care about the welfare of their constituents. Why should we care about their re-election in November? As long as we vote these kind of legislators into office we will get fleeced. Don't ever forget, DONNA BERGER'S CAN made Moraitis the "Legislator of the Year". What a joke! This week's topic on the HOA & CONDO Blog in the Orlando Sentinel discusses the problems of record requests in condos. We all need to understand: If the Division would do its job as stated in FS 718.501 the many problems could be reduced to a minimum. Please read this week's blog. My BLOG is headlined: CONDO RECORD REQUESTS - WHAT DO YOU HAVE TO HIDE? Visit our blog [http://r20.rs6.net/tn.jsp?et=1109378152793&s=2145&e=001MD3uiv9eii-gkd4LrEM9cUnsvuf2gy-ndR25X8CzMJuB9Eec-_Ti3Bhv7Z3d7EdLNszRcANZn9hWBo18hGsX9sADVH7lc2T7R6nI-RJtz4l-Kh_g6uOo8kRYTX-q9syESMBaZQ7heDoYt1Whw5WpYDLW7k0QUFeG311T9EGYJWM=] Read the opinions of the bloggers and add your comments -- and any stories you may have! Warm Regards, Jan Bergemann, President Cyber Citizens For Justice, Inc. 2/21/2012 H 319 ON AGENDA ANOTHER BANKERS' BAIL-OUT BILL PLEASE WRITE E-MAIL! Dear Florida Homeowner and Condo Owner: I urge you to write e-mails to the members of the House Committee on Judiciary immediately. H319, the community association bill sponsored by Rep. George Moraitis, has turned into another bail-out bill for bankers and mortgage lenders, at the expense of associations and still paying owners. STOP THIS NONSENSE! If you go to: http://www.ccfj.net/H319JUDICIARY.htm [http://www.ccfj.net/H319JUDICIARY.htm]you will find a complete list of all committee members and a 1-click link that adds all their e-mail addresses into your e-mail program. EASY GOING! I have added a copy of the letter I have sent on the webpage, making it easy for you to copy or write a similar e-mail. Please do yourself a favor and write the e-mail. It's YOUR MONEY thee legislators want to give again to banks and mortgage lenders. Why should you always responsible to pay for the greed and/or incompetence of the bankers? TAKE THE FIVE MINUTES TO WRITE THIS E-MAIL. IT COULD SAVE YOU QUITE SOME MONEY! Warm Regards, Jan Bergemann, President Cyber Citizens For Justice, Inc. QUICK LINKS JoinCCFJblfr172 [http://r20.rs6.net/tn.jsp?et=1109339339299&s=2145&e=001A1ITVYI8HdzBLZMsyVMMVDDCOvkMi8px1Rh_9xItRYSaHnpwpF6nkBVh3Z1pQoR-45_cfDWfhZH96KN01QcSTDcjKDbxqToHZhvQnGGRDkt4kBXCfszDTyAt0FJqiQ-S] CCFJ, Inc. Home [http://r20.rs6.net/tn.jsp?llr=99asbrdab&et=1107255504466&s=0&e=001438DhJ0T1oLzCAewmYhHLSD2Uzwim-TVOL3s30YYxBaOVIf9hNfaiKUxGR8y2Db41kTSoUgiBjjpG7diSJ_9iADjx9iFCM7KnmGL5fn_tfY=] CCFJ FOUNDATION Home [http://r20.rs6.net/tn.jsp?t=dr5n7ejab.0.ngdgpdjab.99asbrdab.2145&ts=S0722&p=http%3A%2F%2Fwww.ccfjfoundation.net%2F] Latest News [http://r20.rs6.net/tn.jsp?llr=99asbrdab&et=1107255504466&s=0&e=001438DhJ0T1oLzCAewmYhHLSD2Uzwim-TVOL3s30YYxBaOVIf9hNfaiKUxGR8y2Db41kTSoUgiBjjpG7diSJ_9iADjx9iFCM7KH61MJ5kUxfYuiNmlzZW6Gw==] Legislative Session [http://r20.rs6.net/tn.jsp?t=dr5n7ejab.0.lnnr4jhab.99asbrdab.2145&ts=S0722&p=http%3A%2F%2Fwww.ccfj.net%2FCCFJLEGSESS12.htm] 2012 [http://r20.rs6.net/tn.jsp?t=dr5n7ejab.0.lnnr4jhab.99asbrdab.2145&ts=S0722&p=http%3A%2F%2Fwww.ccfj.net%2FCCFJLEGSESS12.htm] Foreclosure Crisis [http://r20.rs6.net/tn.jsp?llr=99asbrdab&et=1107255504466&s=0&e=001438DhJ0T1oLzCAewmYhHLSD2Uzwim-TVOL3s30YYxBaOVIf9hNfaiKUxGR8y2Db41kTSoUgiBjjpG7diSJ_9iADjx9iFCM7KO3HYl-tmkonpawYI-wSxt6EUkXkNJU_P] HOA & CONDO BLOG [http://r20.rs6.net/tn.jsp?t=dr5n7ejab.0.u9ur7xiab.99asbrdab.2145&ts=S0722&p=http%3A%2F%2Fwww.orlandosentinel.com%2Fclassified%2Frealestate%2Fblog%2F] ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Forward email http://ui.constantcontact.com/sa/fwtf.jsp?llr=99asbrdab&m=1103304917850&ea=yourneighbor@ourscs.com&a=1109339339299 This email was sent to yourneighbor@ourscs.com by jan@ccfj.net. Update Profile/Email Address http://visitor.constantcontact.com/do?p=oo&mse=001czFxcSM_t3mnXgMFFI8hPwJJd3TBvqi1&t=001FMMTBw2KBc4RbA64ppQFZg==&llr=99asbrdab Instant removal with SafeUnsubscribe(TM) http://visitor.constantcontact.com/do?p=un&mse=001czFxcSM_t3mnXgMFFI8hPwJJd3TBvqi1&t=001FMMTBw2KBc4RbA64ppQFZg==&llr=99asbrdab Privacy Policy: http://ui.constantcontact.com/roving/CCPrivacyPolicy.jsp Online Marketing by Constant Contact(R) www.constantcontact.com Cyber Citizens For Justice, Inc. | 1156 Tall Oaks Rd. | Deland | FL | 32720 1/18/2012 Dear Florida Homeowner and Condo Owner: The Florida legislature is again up to no good. When will these legislators ever understand that they are elected to represent their constituents -- and not the special interest feeding them with campaign funds? H319 is getting worse by the day -- and CALL -- the lobbying arm of Becker & Poliakoff is still pushing the SAFE HARBOR amendments -- in reality doing the bankers' bidding. Nevertheless, they claim to lobby FOR ASSOCIATIONS. And they want to be taken seriously? The website of the newly founded CCFJ FOUNDATION, INC. is up and running. If you haven't visited the new website yet, please click on this banner: CCFJFOUNDBAN600 [http://r20.rs6.net/tn.jsp?llr=99asbrdab&et=1109325699626&s=2145&e=001UI3AazCyzZGEYmCqK9Q5g7Pv8_MMpixpXaZrv6DslSfZM2geP9uMlhM4C905tewGfmv17CyaUvJhnVibyUZ_fh9uCjTEWRoaNmrAfPiYvbvYVq3o9DrUy4TuwAdK7Qsm] This week's topic on the HOA & CONDO Blog in the Orlando Sentinel discusses the failure of the Florida legislature to create statutes that help community associations and the members of these associations who are footing the bills. The headline of my blog this week: HOMEOWNERS AND CONDO OWNERS ARE GETTING PUNISHED BY THE FLORIDA LEGISLATURE Visit our blog [http://r20.rs6.net/tn.jsp?llr=99asbrdab&et=1109325699626&s=2145&e=001UI3AazCyzZGQZitibZ3CGFANqS4qkM8WlewGbXDkyunVMz4YqiQoZ26WvoXhOL-k4aV-cAIi87fGoOxEMr89DXiAWuollzeDabNygYU_wsabPgt8g2Ydz9PdCg-ASxdeJCD5ttn0tbYimpvYtYpuG8nxdMssYMdY3BXJI_ZMEVA=] Read the opinions of the bloggers and add your comments -- and any stories you may have! Warm Regards, Jan Bergemann, President Cyber Citizens For Justice, Inc.
1/22/2012 POSTED ON WWW.OCALA.COM Some of the natives are getting restless. In September, local lawmakers expressed concern about the treatment of homeowners by developers and their inadequate — or nonexistent — services rendered by homeowners associations. Now local advocates for those homeowners are expressing their own discontent that nothing is being done to rectify the problem. State Rep. Dennis Baxley said that's not the case, but there is concern in Tallahassee about how to proceed. In a Jan. 12 letter to the Ocala Republican, members of the United Focus Group complained that they were in the dark as to what lawmakers were doing to address their gripes. United Focus Group is an organization of homeowners primarily from the Cherrywood Estates subdivision in the State Road 200 corridor. At the delegation's annual meeting in September, some of those residents joined others from the nearby Hardwood Trails community with stories about paying amenities fees that were not spent for their intended purpose and often increased without their consent. They also said they felt intimidated by the developers that they say manipulate or mismanage their homeowners associations to retain control. Baxley, in turn, sent a letter on behalf of the delegation to state Attorney General Pam Bondi, asking her to investigate the allegations. "It appears as if the state of Florida has granted developers a ‘carte blanche' to take advantage of Florida's senior citizens," Haggerty wrote. In follow-up correspondence on Jan. 18, he wrote, "The state of Florida has allowed a monster to be created. It is time to kill the monster by abolishing [homeowners associations] and deliver Florida citizens from financial and legal oppression." Yet some actions have occurred in recent weeks. On. Dec. 1, Bondi sent a letter back to Baxley indicating that only the governor could order a special prosecutor or ask the state Supreme Court to seat a statewide grand jury. Bondi, however, did refer the complaints to the state Department of Business and Professional Regulation. She also informed Baxley that she would enlist the local offices of Seniors vs. Crime, a state-sponsored volunteer organization that tracks consumer crimes targeting senior citizens, to help field the complaints. Meanwhile, the Sheriff's Office invited the Florida Department of Law Enforcement to investigate the accusations. Undersheriff Dan Kuhn, who was at the September meeting and subsequently requested the state's involvement, declined to comment on what might have been uncovered, saying it was an open investigation. But State Attorney Brad King has in the past viewed these complaints as grounds for civil — and not criminal — action, Kuhn said. One reason, he added, was that state laws covering homeowners associations lack definite penalties. "I do think this is an opportunity for the Legislature to define the actions of the developers and say what the penalties are," Kuhn said. Baxley, in a recent interview, said lawmakers were interested in doing that but were not quite sure how to move forward. That, he suggested, might take some time. "There is a concern, with the recession, that if we launch some effort that looks like an attack on developers, the legitimate guys will circle the wagons and you won't get at the bad actors you're trying to get," Baxley said. Yet, he added, "no one's giving up or trying to pass the buck." Haggerty said in an email Friday he's hopeful the FDLE may act. But he appeared unconvinced that lawmakers would follow through anytime soon. "The HOA (homeowners association) problem is really big not only in Florida but in many other states. It seems the states are turning a blind eye to the issues being raised. It seems that our constitutional rights are being violated big time and we can do nothing about it," Haggerty said. "It also appears that the Florida Legislature is protecting the big-time builders' interest, which have a very powerful lobby in Tallahassee," he said. Contact Bill Thompson at 867-4117 or bill.thompson@starbanner.com. 1/16/2012 SIGN INTO agnews@nyfloridalegal.com The first briefing , "Protecting Floridians/Upholding the Constitution" shows that a large number of public complaints can lead to action from FL Attorney General, Pam Bondi. FL residents can subscribe to her briefings over the internet. ![]() "Attorney General Pam Bondi" <agnews@myfloridalegal.com> 1/2/2012 On December 22, 2011 at 7:41 pm janl65 said: I believe the only solution to the HOA violation of our constitutional rights as property owners as well as our inherent property rights is the repeal of all HOA statutes in every state! “reform” or amending such statutes only makes a bigger mess, witness the State of Florida! A fancy-pants attorney by the name of Dudley located in Tallahassee, FL, it is my understanding, conjured up this outrageous scheme to separate purchasers of properties from their right to peacefully enjoy their home and property, take money from those same owners and thus enrich developers with a stream of cash for doing virtually nothing, which they craftily and fraudulently transfer to their personal enrichment, yes–to provide a “rich and famous” lifestyle! These developers share and compare notes on how to hire crooked lawyers who draft up and file fraudulent documents that flagrantly violate state statutes governing HOAs, yes it’s a lucrative business for these “lawyers”; meanwhile, state legislators who accepted suitcases of “pay to play” contributions from the builder/developer industries who have been raking in billions from this cozy arrangement, fail to write enforcement powers into HOA and condo statutes–they are useless to protect the hapless victims of this powerful, ruthless industry! Got half a mil to take these exploiters to court? Well, that’s what it will take–if you can even FIND a lawyer who isn’t “in the bag” to the developer Industry! This has gone on for decades. All the government players pass your complaints around like a hot potato, and none of the exploiters taking millions of dollars a year from mostly retired folks who THOUGHT they were buying from legitimate, law-abiding builders–found out quite the opposite! The time is now to demand of your state legislators that this RACKET they codified into state statute be repealed! The key is to stick together and bring strong and unrelenting pressure to document the fraud, prosecute the developers and board members cheating owners, and change or eradicate the laws enabling them! If we have to resort to OCCUPYING state capitols–so be it! 12/28/2011 Dear Publisher, If you would have time this holiday weekend, would you please publish this info on 850 WFTL Condo Craze and HOA's for the 12 noon Sunday show? AND, best wishes to you and yours for a happy, healthy and prosperous New Year! Tune in to Condo Craze and HOAs this Sunday at noon on 850 WFTL. This week our topics include: 1. Our top 10 New Year's Resolutions. 2. HOA demands that the parents of a child with cerebral palsy remove their child's playhouse. This one will upset you. 3. Can you campaign in English and Spanish? 4. Suppose your bylaws don't say the exact number of people to serve on the Board and only give a range? 5. What to do with year-end surplus funds. For further information and to register for our Board Certification seminars in Hollywood, Orlando and Palm Beach, please visit the show's website at: www.condocrazeandhoas.com and click on the tab. Call in with your questions or comments, live and on the air, to: 877-850-8585. Or e-mail us your questions by visiting the show's website at www.condocrazeandhoas.com and clicking on the "e-mail the show" tab. Condo Craze and HOAs will also be |
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1/23/2012 Click www.ccfj.net to view the weekly publication of " Cyber Citizens For Justice, Inc. News. 1/22/2012
1/22/2012 POSTED ON WWW.OCALA.COM Some of the natives are getting restless. In September, local lawmakers expressed concern about the treatment of homeowners by developers and their inadequate — or nonexistent — services rendered by homeowners associations. Now local advocates for those homeowners are expressing their own discontent that nothing is being done to rectify the problem. State Rep. Dennis Baxley said that's not the case, but there is concern in Tallahassee about how to proceed. In a Jan. 12 letter to the Ocala Republican, members of the United Focus Group complained that they were in the dark as to what lawmakers were doing to address their gripes. United Focus Group is an organization of homeowners primarily from the Cherrywood Estates subdivision in the State Road 200 corridor. At the delegation's annual meeting in September, some of those residents joined others from the nearby Hardwood Trails community with stories about paying amenities fees that were not spent for their intended purpose and often increased without their consent. They also said they felt intimidated by the developers that they say manipulate or mismanage their homeowners associations to retain control. Baxley, in turn, sent a letter on behalf of the delegation to state Attorney General Pam Bondi, asking her to investigate the allegations. "It appears as if the state of Florida has granted developers a ‘carte blanche' to take advantage of Florida's senior citizens," Haggerty wrote. In follow-up correspondence on Jan. 18, he wrote, "The state of Florida has allowed a monster to be created. It is time to kill the monster by abolishing [homeowners associations] and deliver Florida citizens from financial and legal oppression." Yet some actions have occurred in recent weeks. On. Dec. 1, Bondi sent a letter back to Baxley indicating that only the governor could order a special prosecutor or ask the state Supreme Court to seat a statewide grand jury. Bondi, however, did refer the complaints to the state Department of Business and Professional Regulation. She also informed Baxley that she would enlist the local offices of Seniors vs. Crime, a state-sponsored volunteer organization that tracks consumer crimes targeting senior citizens, to help field the complaints. Meanwhile, the Sheriff's Office invited the Florida Department of Law Enforcement to investigate the accusations. Undersheriff Dan Kuhn, who was at the September meeting and subsequently requested the state's involvement, declined to comment on what might have been uncovered, saying it was an open investigation. But State Attorney Brad King has in the past viewed these complaints as grounds for civil — and not criminal — action, Kuhn said. One reason, he added, was that state laws covering homeowners associations lack definite penalties. "I do think this is an opportunity for the Legislature to define the actions of the developers and say what the penalties are," Kuhn said. Baxley, in a recent interview, said lawmakers were interested in doing that but were not quite sure how to move forward. That, he suggested, might take some time. "There is a concern, with the recession, that if we launch some effort that looks like an attack on developers, the legitimate guys will circle the wagons and you won't get at the bad actors you're trying to get," Baxley said. Yet, he added, "no one's giving up or trying to pass the buck." Haggerty said in an email Friday he's hopeful the FDLE may act. But he appeared unconvinced that lawmakers would follow through anytime soon. "The HOA (homeowners association) problem is really big not only in Florida but in many other states. It seems the states are turning a blind eye to the issues being raised. It seems that our constitutional rights are being violated big time and we can do nothing about it," Haggerty said. "It also appears that the Florida Legislature is protecting the big-time builders' interest, which have a very powerful lobby in Tallahassee," he said. Contact Bill Thompson at 867-4117 or bill.thompson@starbanner.com. 1/16/2012 SIGN INTO agnews@nyfloridalegal.com The first briefing , "Protecting Floridians/Upholding the Constitution" shows that a large number of public complaints can lead to action from FL Attorney General, Pam Bondi. FL residents can subscribe to her briefings over the internet. ![]() "Attorney General Pam Bondi" <agnews@myfloridalegal.com> 1/2/2012 On December 22, 2011 at 7:41 pm janl65 said: I believe the only solution to the HOA violation of our constitutional rights as property owners as well as our inherent property rights is the repeal of all HOA statutes in every state! “reform” or amending such statutes only makes a bigger mess, witness the State of Florida! A fancy-pants attorney by the name of Dudley located in Tallahassee, FL, it is my understanding, conjured up this outrageous scheme to separate purchasers of properties from their right to peacefully enjoy their home and property, take money from those same owners and thus enrich developers with a stream of cash for doing virtually nothing, which they craftily and fraudulently transfer to their personal enrichment, yes–to provide a “rich and famous” lifestyle! These developers share and compare notes on how to hire crooked lawyers who draft up and file fraudulent documents that flagrantly violate state statutes governing HOAs, yes it’s a lucrative business for these “lawyers”; meanwhile, state legislators who accepted suitcases of “pay to play” contributions from the builder/developer industries who have been raking in billions from this cozy arrangement, fail to write enforcement powers into HOA and condo statutes–they are useless to protect the hapless victims of this powerful, ruthless industry! Got half a mil to take these exploiters to court? Well, that’s what it will take–if you can even FIND a lawyer who isn’t “in the bag” to the developer Industry! This has gone on for decades. All the government players pass your complaints around like a hot potato, and none of the exploiters taking millions of dollars a year from mostly retired folks who THOUGHT they were buying from legitimate, law-abiding builders–found out quite the opposite! The time is now to demand of your state legislators that this RACKET they codified into state statute be repealed! The key is to stick together and bring strong and unrelenting pressure to document the fraud, prosecute the developers and board members cheating owners, and change or eradicate the laws enabling them! If we have to resort to OCCUPYING state capitols–so be it! 12/28/2011 Dear Publisher, If you would have time this holiday weekend, would you please publish this info on 850 WFTL Condo Craze and HOA's for the 12 noon Sunday show? AND, best wishes to you and yours for a happy, healthy and prosperous New Year! ![]() Tune in to Condo Craze and HOAs this Sunday at noon on 850 WFTL. This week our topics include: 1. Our top 10 New Year's Resolutions. 2. HOA demands that the parents of a child with cerebral palsy remove their child's playhouse. This one will upset you. 3. Can you campaign in English and Spanish? 4. Suppose your bylaws don't say the exact number of people to serve on the Board and only give a range? 5. What to do with year-end surplus funds. For further information and to register for our Board Certification seminars in Hollywood, Orlando and Palm Beach, please visit the show's website at: www.condocrazeandhoas.com and click on the tab. Call in with your questions or comments, live and on the air, to: 877-850-8585. Or e-mail us your questions by visiting the show's website at www.condocrazeandhoas.com and clicking on the "e-mail the show" tab. Condo Craze and HOAs will also be streamed live on the internet at www.850wftl.com and you can also listen to the show on your smart phone. Become a fan of the show on FACEBOOK
Tune in to Condo Craze and HOAs this Sunday at noon on 850 WFTL. This week our topics include: 1. Welcome our guest, Milena Macias, President of The Community Association Member Party. Learn what legislative changes are being demanded on behalf of condominium and HOA owners throughout the state. For more information, visit: www.camp2012.net. |
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Milena Macias invites all interested condominium unit owners and homeowners living in mandatory homeowner associations to contact her at milena@camp2012.net and to follow the events at www.camp2012.net |
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10/25/2011 The email below is from residents of CherryWood Development , Ocala, Florida. Also, on page 4, is an email showing how you may write to Att.Gen. Pam Bondi and Gov. Rick Scott should you choose to do so. SCS is not covered by 720 but you may be intrester in following their endever to correct a UNFAIR law.
10/24/2011 Dear Publisher, Ralph's letter to our Senator Hays will be more than familiar to SCS residents. The "history" Ralph researched will give our neighbors a foundation on which to better understand the ongoing struggles we all find ourselves in through no fault of our own.
Ralph's attached letter to Hays is 2 pages; Ralph's "history" is 7 pages. Would it be too much to ask that all 9 pages be published on ourscs?
Could you also please include below as a personal message from Ralph to SCS neighbors?
1) I will forward Ralph's e-mail to Hugh/United Focus/Cherrywood TO YOU and 2) will also ask Ralph to forward his consent for you to publish his name/contact info (if he is agreeable to this.) THANK YOU!!!! Lee
RALPH A. UDICK • 39245 Tacoma Drive • Lady Lake, FL 32159-6009
PHONE / FAX: (352) 751-0345 ● Cell: (352) 430-8776 ● E-MAIL: eeiralph@embarqmail.com
LETTER SENT ELECTRONICALLY VIA e-MAIL ATTACHMENT
October 24, 2011
TO: The Honorable Senator D. Alan Hays, the Florida Senate
District Office, 1104 Main Street
The Villages, FL 32159-5704
hays.alan.web@flsenate.gov
SUBJECT: Applicability of FL Chapter 720 to Harbor Hills Governing Documents
Dear Senator Hays:
As you know from the September 27 Marion County Legislative Delegation Meeting, there are many
Floridians living in homeowners’ association (HOA) communities who are very frustrated with FL
Chapter 720, especially regarding its effectiveness to protect us from abusive developers controlling
our associations.
This letter is a plea for the Legislature to protect us from arbitrary abuse and control.
I am litigating against my developer and his unelected, developer appointed board. I am doing it pro
se because I can’t afford attorney’s fees. A few days ago, I was shocked when the judge granted a
final summary judgment against me and in favor of the developer appointed director defendants.
This was despite the fact I had on-going discovery which the defendants ignored. The judge refused
to even hear, let alone rule on, my motion to compel docketed 4 days before the hearing was
scheduled for summary judgment. My discovery and due process were violated. I will appeal.
In my case, the principal complaint is that our developer controlled HOA is suing a sister HOA,
spending over $120K of our association funds in legal fees to recover amounts in dispute less than
$15K. This violates §720.303(1) which prohibits a developer controlled HOA to sue. It also breaches
the fiduciary relationship imposed by the same Section that directors have with members. Our
documents do authorize the HOA to sue, but not expressly with appointed directors while under
developer control. They are silent on fiduciary duty, but definitely don’t shield the directors from
such a relationship with the members. The Supreme Court created Rule 1.221, Fla.R.Civ.P,
prohibiting a developer controlled HOA to sue. There is also the question whether our HOA can sue
in violation of the procedure rule in any event.
What is most disturbing, and the reason I am seeking your help, is that this is the second Fifth
Judicial Circuit Court for Lake County judge who has ruled in the last four months that FL Chapter
720 does not apply to Harbor Hills because our HOA was incorporated in 1989 before the statutory
regulation of HOA under FL Chapter 720. The judge has ruled our declarations trump FL 720
because of the constitutional prohibition against statutory contract impairment.
At the enclosure is a clumsily compiled history of HOA statutory regulation enacted in the last 19
years. Perhaps it can be useful to the Staff. Note the trend of increased HOA regulation and
members’ protection in the scope and volume of legislation furthering the public interest. The
amount of dedicated effort involved creating this public policy is truly beyond comprehension.
1992 - The first year that the HOA was statutorily regulated under FL 617. Developercontrolled associations were exempted. This happened decades after the other community
associations were first regulated: Condos (FL 718) and Cooperatives (FL 719) in 1976;
Vacation and Timeshares (FL 721) in 1981; Mobile Homes (FL 723) in 1984. (Ch. 92-49)
1995 - The first major significant amendment to HOA regulation was enacted. Developer
controlled associations were brought under regulation. (Ch. 95-274)
2000 - The year FL 720 was enacted regulating HOA. (Ch. 2000-258)
Specific statutory limitations on developer control were enacted in: 1995; 1998; 2003; 2004;2007; and 2010. (See enclosure for references to the Laws of Florida, Chapter Law)
Yet all is for naught if judges are holding the law non-applicable whenever the HOA documents
(contract) are created prior to the statutory enactment and those documents should remotely contain
pertinent provisions contrary to the statutory intent. A serious re-examination of FL 720 is needed.
Most important, enforcement must be strengthened, thereby significantly reducing litigation
necessity. First, DBPR oversight and enforcement are needed. Second, a focused legal analysis by
experts on the legislative staffs should be made to find fixes that more clearly state legislative intent
with certainty to render any but the truly genuine instances of contract impairment arguments
unpersuasive.
I offer the following citations which may be useful in the recommended staff legal analysis:
1. Cohn v. Grand Condominium Assoc. 26 So. 3d 8 (Fla 3d DCA 2009). 2. Susan Cohn v. The Grand Condominium Association, Inc. (Fla. No. SC10-430, Mar 31, 2011). 3. Pomponio v. Claridge of Pompano Condominium, Inc. 378 So. 2d 744 (Fla. 1979). The two Cohn cases provide arguments tying the contract (documents) date to the pertinent statutory enactment date in asserting contract impairment. Pomponio provides an authoritativediscussion on the legislature’s constitutional authority to establish policy serving the public interest
which can justify reasonable impairments of contracts when they serve legitimate public purposes.
I hope you share my conviction it’s in the public interest to strengthen FL 720 protections for the
homeowners. So many of us really need the help. I am sending a copy of this to your colleagues Ms.
O’Toole, Mr. Baxley and Mr. Metz in the hope they may share an interest and would help. Please
accept my deep appreciation and thanks!
Very respectfully,
Ralph A. Udick
FLORIDA STATUTE CHAPTER 720, HOMEOWNERS’ ASSOCIATIONS
Brief History of the Evolution toward Increased Member Property Rights Protection
COMPILED BY RALPH A. UDICK
1
1992 – First enactment of any Florida statute regulating homeowners’ associations (HOA).
o Before 1992, HOA were organized under the Florida Not for Profit Corporation Act(FL 617) and operated under general provisions of corporate law.
o In 1992, the Legislature acted to regulate HOA. This was after decade long debates
/ studies, notably the Residential Planned Development Commission Report (Jan 24,
1985).
o Statute was enacted in F. S. Chapter 617, under Title XXXVI - Business Organizations.
o Created new sections §617.301 - §617.306 regulating HOA.
o §617.301 definitions vaguely defined HOA and membership.
o Scope exempted developer controlled HOA from regulation. (§617.302)
o §617.303, the association, imposed fiduciary relationship on officers / directors tomember parcel owners. [§617.303 (1)]
o Subsections §617.303 (2)-§617.303 (4) prescribed broad, general rules for meetings,
minutes, official records and the right of members to inspect records.
o Sections §617.304-§617.306 governed rights of owners, board vacancies,
appointment of receiver and voting / election procedures.
o Legislative intent expressed that statute applies to existing HOA without causing
contract impairment to the extent possible. (Section 39, Ch. 92-49)
o Created / enacted by Ch. 92-49 (Sections 33-Section39) effective October 1, 1992.
o Entire statutory provisions were contained in less than 4 pages.
1995 – First major amendment of HOA law in F. S. Chapter 617 that clarified and expanded
member protection and regulated developer control.
o Major amendments to §617.301 - §617.306 of the 1992 statute increased protectionto HOA members.
Expanded definitions of HOA and associated terms that are essentially the
same as today.
Explicitly defined HOA, developer, DCCR, governing documents and voting
interest. Tripled number of definitions from 4 to 12.
Brought developer controlled HOA under regulation.
Declared the purpose of HOA and their statutory regulation.
COMPILED BY RALPH A. UDICK
FLORIDA STATUTE CHAPTER 720, HOMEOWNERS’ ASSOCIATIONS
Brief History of the Evolution toward Increased Member Property Rights Protection
COMPILED BY RALPH A. UDICK
2
Increased and clarified statutory recognition of HOA powers and functions.
o Prescribed that after October 1, 1995, HOA must be incorporated and governingdocuments must be recorded in the county in which the community is located.
o Enacted 6 newly created Florida Statutes in sections, §617.307 - §617.312:
Addressed transition of developer controlled HOA to other members.(§617.307)
Addressed assessments for HOA created after October 1, 1995. (§617.308)
Addressed agreements before transition of developer control of HOA toother members. (§617.309)
Addressed recreational leaseholds. (§617.31)
Addressed mediation. (§617.311)
Addressed survival of DCCR after tax deed or foreclosure.
o Enacted by Ch. 95-274 (Sections 52-Section62), effective upon becoming law, June14, 1995.
1996 – Enacted amendment to §617.306 on meetings and voting procedures. Created the
first statutory restrictions on amendment of association governing documents.
o Enacted by Ch. 96-343 (Section 4) effective upon becoming law, June 1, 1996.
1997 – Minor changes to §617.303, §617.305 and §617.31.
o §617.303 amended to clarify restrictions regarding decisions involving expenditureof association fund. (Ch. 97-311, Section 1, effective July 1, 1997)
o §617.305 amended to clarify power of HOA to fine and permit suspension of voting
rights when appropriate. (Ch. 97-311, Section 2, effective July 1, 1997)
o §617.31 received minor wording fixes, adding “she” and “her” to where “he” or
“his” appeared in text. (Ch. 97-102, Section 107, effective May 24, 1997)
1998 – Significant new statutory protections against developer abuse created regarding:
funds management; transition from developer control; and the declaration of public state
policy on prohibited clauses in HOA documents.
o A New subsection (8) of §617.303 was created regulating association funds.
Mandating association funds held by developer shall be maintainedseparately in the association’s name. [§617.303 (8)(a)]
Mandating no developer in control of HOA shall commingle any association
funds with his or her funds or funds of any other HOA. [§617.303 (8)(b)]
Ch. 98-261, Section 1, effective October 1, 1998
FLORIDA STATUTE CHAPTER 720, HOMEOWNERS’ ASSOCIATIONS
Brief History of the Evolution toward Increased Member Property Rights Protection
COMPILED BY RALPH A. UDICK
3
o A new subsection §617.307 (3) was created to specify documents to be deliveredat developer’s expense to the new board at transition of HOA control from
developer to the other members. (Ch. 98-261, Section 2, effective October 1,
1998)
o New section, §617.3075, was created to declare that the public policy of the state
prohibits certain clauses in HOA documents that favor developers, to wit:
Prohibits the inclusion / enforcement of clauses in HOA documents which
provide or have the effect that:
a) Developer has right to amend unilaterally HOA documents after transition
of control to other members.
b) An HOA is prohibited or restricted from suing the developer.
c) After transition of HOA control to other members as set forth in §617.307,
a developer is entitled to cast votes exceeding one vote per residential
lot.
Such clauses are declared null and void as against state’s public Policy.
Ch. 98-261, Section 3, effective October 1, 1998
1999 – Minor change to definition of HOA in §617.301 (7) adding the words, “or a mobile
home subdivision”. (Ch. 99-382, Section 4, effective on becoming law, June 18, 1999)
2000 – FL Chapter 720, Homeowners’ Associations (HOA) newly enacted under Title XL,
Real and Personal Property.
o Transferred, renumbered and amended FL §617.301 - §617.312 in entirety out fromFL Chapter 617, Corporations Not for Profit, into the newly created FL Chapter 720,
Homeowners’ Associations.
o Titling new statute Chapter 720 is consistent with then existing community
association laws governing generally similar entities created by statutes, condos (FL
718), cooperatives (FL 719), vacation and timeshare plans (FL 721) and mobile
home park lot tenancies (FL 723).
o Moving HOA regulation from Title XXXVI, Business Organizations, under Chapter 617
to Title XL, Real and Personal Property, under Chapter 720, is significant. Brought
HOA regulation into the same family of laws governing community associations.
o New law FL 720 comprised 13 pages, reflecting all the existing sections and
amendments to FL §617.301 - §617.312 enacted from 1992 through 2000.
o Ch.2000-302 amending §617.3075 to allow display of flag included as §720.3075.
o Created by Ch. 2000-258, Sections 44 - 51, effective on July 1, 2000.
3
COMPILED BY RALPH A. UDICK
FLORIDA STATUTE CHAPTER 720, HOMEOWNERS’ ASSOCIATIONS
Brief History of the Evolution toward Increased Member Property Rights Protection
COMPILED BY RALPH A. UDICK
4
2001 – FL Chapter §720.3075 amended. Created new subsection (4) allowing property
owners to implement Xeriscape or Florida friendly landscape and prohibiting clauses in
governing documents that forbid same.
o Ch. 2001-282, Section 8, effective becoming law, June 15, 2001.
2002 – FL Chapter 720, §720.304 and §720.3075 amended to allow display of flag and
prohibit HOA documents to preclude the display of flag.
o Act applies retroactively regardless of any declaration rules.
o Ch. 2002-50, Sections 1 – 4, effective upon becoming law, April 18, 2002.
2003 – Significant amendment / enactment of new provisions that clarified FL 720 scope,
board meetings and official records. Increased member property rights. Limited HOA
authority to litigate using association funds. Prohibited developer controlled HOA to sue.
Prohibited amendments that adversely alter member voting rights or increase member
assessments.
o New additions to §720.303(1) limit HOA litigation authority. (Ch. 2003-79, Section 3,effective July 1, 2003)
§720.303(1) prohibited developer controlled HOA to sue in the association’s
name.
§720.303(1) required any HOA to obtain a majority vote of the voting interest,
if the amount in controversy exceeds $100,000, before suing in the
association’s name.
o Amended Section §720.306(1) (c) prohibits amendment to governing documents
that adversely alter a member’s voting interest or increase the proportion a parcel
shares in the common expenses, unless all parcel owners join in the execution of the
amendment. (Ch. 2003-79, Section 4, effective July 1, 2003)
o Amendment to §720.302 added new subsection (5) that clarified applicability of
both FL 617 and FL 720 to HOA. (Ch. 2003-14, Section 11, effective upon becoming
law, May 21, 2003)
o Amendment to §720.303 subsections (2) and (4) clarified board meetings notice
and official records. (Ch. 2003-14, Section 12, effective upon becoming law, May
21, 2003)
2004 – Major changes to FL 720 improved property rights protections for HOA members.
o Part III, Covenant Revitalization, §720.403-§720.407, was created. (Ch. 2004-353,Sections 7 – 11, effective October 1, 2004)
FLORIDA STATUTE CHAPTER 720, HOMEOWNERS’ ASSOCIATIONS
Brief History of the Evolution toward Increased Member Property Rights Protection
COMPILED BY RALPH A. UDICK
5
o Major clarification, amendment and addition to FL 720, regarding definitions,scope, HOA power and functions, and SLAPP, enacted to improve member
property rights. (Ch. 2004-353, Sections 13 – 16, effective October 1, 2004)
Definitions, §720.301, added “Department” and “Division”. (Section 13)
Purpose, §720.302, expressed benefits of alternative dispute resolution.(Section 14)
Major additions to §720.303, on HOA powers, duties, financial records
management, conduct of meetings, notice to members, petition rights and
fund management. (Section 15)
Created new §720.303 (8) (c) against potential developer abuse by
prohibiting developer use of association funds to defend civil actions
against the developer or developer appointed directors. (Section 15)
Added new subsection §720.303 (10) on Recall of Directors. (Section 15)
Created new subsection §720.304 (4) declaring the public policy againstSLAPP suits and protecting members’ freedom of speech. (Section 16)
o Created new §720.3055 specifying contracts by HOA for products and services
shall be in writing, increasing protection for members. (Ch. 2004-353, Section 18,
effective upon becoming law, June 23, 2004)
o §720.306 on meetings amended by stricter, additional requirements for notice and
member’s right to speak and attend meetings. (Ch .2004-345, Section 19,
effective upon becoming law, June 23, 2004)
o Substantial amendment and newly created provisions detailing dispute resolution
protections for HOA members in §720.311. (Ch. 2004-353, Section 20, effective
upon becoming Law, June 23, 2004)
2005 – Very Minor changes to FL 720 in §720.303, §720.402 and §720.405. (Ch. 2005-2)
2007 – Substantial amendments and additions to FL 720 providing additional statutory
support to HOA and increased protections to members’ rights.
o Created new subsection §720.303 (11) providing for windstorm insurance. (Ch. 2007-80, Section 16, effective upon becoming Law, May 24, 2007)
o Amended §720.308 by creating a new subsection §720.308 (3) authorizing the levy
of assessments to secure the obligation of HOA for insurance pursuant to F. S.
Chapter 624. (Ch. 2007-80, Section 17, effective upon becoming Law, May 24,
2007)
o Substantial amendments and additions to Sections §720.302, §720.303, §720.305,
§720.306, §720.307, §720.308 and §720.311. (Ch. 2007-173, effective July 1, 2007)
Amended §720.302 clarifying the application of FL 720. (Section 8, Ch. 2007-173)
FLORIDA STATUTE CHAPTER 720, HOMEOWNERS’ ASSOCIATIONS
Brief History of the Evolution toward Increased Member Property Rights Protection
COMPILED BY RALPH A. UDICK
6
Amended §720.303 adding extra member safe guards in the conduct of boardmeetings when expenditure of association funds and architectural decisions
affecting parcel member’s property are involved. (Section 9, Ch. 2007-173)
Clarified requirements for HOA budget preparation and created detailed
guidance regarding reserve accounts. (Section 9, Ch. 2007-173)
Clarified guidance regarding HOA financial reporting. (Section 9, Ch. 2007-173)
Repealed §720.303(2) relating to board meetings to remove conflicting versions.(Section 10, Ch. 2007-173)
Created new section §720.3035 providing for architectural control covenants,
parcel owner improvements, rights and privileges. (Section 11, Ch. 2007-173)
Amended §720.305 providing for extra reimbursements in addition to attorney’s
fees that a member prevailing in an action against the HOA under this section
may recover as determined by the court. (Section 12, Ch. 2007-173)
Amended §720.306(1)(c) clarifying certain mergers shall not be considered a
material or adverse alteration of a parcel’s proportionate voting interest.
(Section 13, Ch. 2007-173)
Amended §720.307 requiring developer to deliver financial records prepared to
specified standards to the board in any transition of association control to
members. (Section 14, Ch. 2007-173)
Major amendment of §720.308 specifying developer’s guarantee of common
expenses to the HOA regarding assessments; approval of guarantee by
association members; guarantee periods and amounts; and formula to
determine guarantor’s total obligations to the HOA. (Section 15, Ch. 2007-173)
Major revisions to §720.311 clarifying dispute resolution through presuit
mediation. (Section 16, Ch. 2007-173)
2010 - Major amendments to FL 720 enacted providing clarification; additional statutory
support to HOA operations; and increased member protection. New section §720.315
created to limit developer control. (Ch. 2010-174, effective July 1, 2010)
o Clarified subsections §720.303(2), §720.303(5) and §720.303(6) regarding HOAboard meetings, inspection and copying of records and budgets. (Section 22)
o Enacted a newly created subsection §720.303(12) prohibiting the payment of any
compensation to a director, officer or committee member of the HOA. (Section 22)
o Clarified flagpole and display requirements in §720.304(2)(b) . (Section 23)
o Clarified subsection (2) of section 720.305 regarding member’s obligation and thefining and suspension authority regarding delinquencies. (Section 24)
o Amended subsections (7), (8) and (9) of §720.306 on clarifying HOA meetings, proxy
voting and board vacancies. (Section 25)
o Subsection (8) to §720.3085 created regarding HOA assessment and lien authority
to collect from delinquent parcel owner’s renter. (Section 26)
FLORIDA STATUTE CHAPTER 720, HOMEOWNERS’ ASSOCIATIONS
Brief History of the Evolution toward Increased Member Property Rights Protection
COMPILED BY RALPH A. UDICK
7
o New subsection (6) added to §720.31 concerning the authority of HOA to acquirerecreational leaseholds. (Section 27)
o New section §720.315 enacted restricting the power of the board of directors
controlled by the developer to levy special assessments. It requires the parcel
owners other than the developer to approve the special assessments at a duly
called special meeting of the membership by a majority vote of the other than
developer members. (Section 28)
2011 – FL 720 amendments enacted to clarify the HOA’s authority and exiting law. (Ch.
2011-196, effective July 1, 2011)
o Amended §720.305 regarding suspension of owners’ rights for noncompliance withrules or delinquencies in monetary obligations. Use of common areas may be
suspended. Applies also to tenants and guests. (Section 18)
o Amended §720.306 specifying that the eligibility for board membership is denied to
person for delinquencies of more than 90 days or felony convictions. (Section 19)
o Amended subsection §720.3085(2) adding a new subsection (d) to clarify existing
law that an association, or its successor or assignee, that acquires a parcel through
foreclosure of its lien for assessments is not liable for any unpaid assessments, late
fees, interests, or attorney’s fees that came due before the HOA’s acquisition of
title. (Section 20)
o Amended subsection §720.3085(8) by adding detailed clarifications concerning
payments of rent by tenants to the HOA renting from parcels owners who are
delinquent in assessments due the association. (Section 20)
o Amended §720.309 regulating agreements entered into by the HOA for
communications services deemed to be operating expenses of the association.
(Section 21)
COMPILED BY RALPH A. UDICK