By Jan Bergemann

Published February 3, 2023


Yes, bylaws and Florida statutes require annual elections in community associations, but in reality there are too many community associations that either hold no elections at all – or the so-called “elections” are rigged with “unwanted” candidates disqualified – even without any reason given.


It is just amazing to see what kind of scams attorneys, CAMs and Board members come up with in order to keep the sitting board in power.


And since election disputes can get very costly, many owners – even if they have proof that the “elections” were rigged – are unwilling to risk their financial welfare to litigate the election outcome.


Board members are “protected” by the Business Judgment Rule and know that nothing will happen to them even if they are found guilty of election fraud.


Community Association Managers know that the DBPR will not even take any serious action if a complaint filed with the DBPR by an owner was successful.


And what about the attorneys? Well, we all know that any profession allowed to “regulate” itself is just a joke. They know that nobody will punish them for rigging elections, writing letters with “wild accusations” disqualifying candidates or writing “cease and desist” letters to candidates opposing the sitting board.


In a recent election the board of the Boca View Condominium even hired two (2) attorneys to supervise an election -- this condo only has 72 units – in order to make sure that the board got reelected so that the attorneys can continue to earn big bucks in litigation cases hiding the financial records from the view of owners. Despite the fact that the Florida statutes are very clear about owners being allowed to inspect the records, this board has spent hundreds of thousands of dollars in litigation, being since many years successful in hiding their financial records.


Do you really want to call all this nonsense “ELECTIONS”?

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Jan Bergemann

Jan Bergemann is president of Cyber Citizens For Justice, Florida 's largest state-wide property owners' advocacy group. CCFJ works on legislation to help owners living in community  

associations. He moved to Florida in 1995 - hoping to retire. He moved into a HOA, where the developer cheated the homeowners and used the association dues for his own purposes. End of retirement!


CCFJ was born in the year 2000, when some owners met in Tallahassee - finding out that power is only in numbers. Bergemann was a member of Governor Jeb Bush's HOA Task force in 2003/2004.


The organization has two websites to inform interested Florida homeowners and condo owners:

News Website: http://www.ccfj.net/.

Educational Website: http://www.ccfjfoundation.net/.

We think that only owners can really represent owners, since all service providers surely have a different interest! We are trying to create owner-friendly laws, but the best laws are useless without enforcement. And enforcement is totally lacking in Florida !

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