By Jan Bergemann

Published February 7, 2020


In this case I have to disagree with Eric and Rafael. In my opinion it is definitely not dangerous if Florida law allows owners in condominiums and homeowners’ associations to be protected by the “BILL OF RIGHTS.”


Until I came to the USA I never knew that a contract can be superior to the CONSTITUTION.


Why do we have a CONSTITUTION with the BILL OF RIGHTS?


In my opinion our founding fathers created a constitution in order to make sure that our citizens have unalienable rights nobody can take away from them.


Wasn’t that the idea in the first place?


Remember the joke that was pretty often told years ago: Why don’t we give our Constitution to Iran since we don’t use it anymore?


Our community association laws allow dictatorships to fester in our communities, allows freedom of speech to be impaired – remember the stupid “cease and desist” letters from attorneys for speaking up at board meetings? – and allow owners to be bullied by some power-hungry persons.


There is nothing wrong with reasonable rules, but as we see on a daily basis, power-hungry boards and managers take away our rights, supported by certain attorneys with dollar-signs in their eyes.


What about the peaceful, easy-living community owners were promised when buying their family home? Buying into these communities shouldn’t require owners to be outright rich, in order to be able to fight for their rights, since our government plainly refuses to enforce the laws the legislators are enacting?


In my opinion this bill was long overdue! Every citizen in this country, community association or not, should be protected by the BILL OF RIGHTS!

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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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