By Jan Bergemann

Published February 3, 2017

Let’s face it: No matter what kind of litigation you are getting involved with – buy a judge or not -- you most likely end up with a totally unsatisfying result – and the only ones happy in the end are the attorneys.

The community association statutes are weak – and leave about everything open for adventurous interpretation. There are no teeth contained in these statutes – and it allows the bad guys to get away with clearly violating the laws – knowingly and willfully – without even a slap on the wrist.

It is no wonder that we read so much about scams and embezzlement of association funds, because it is outright difficult for owners to see the financial records, even if they follow FS 720.303(5) + (6) and FS 720.311 to the dot.

All the board – a board that has obviously something to hide – has to do is to state that the requested records are either lost – or were destroyed – and the insurance attorney is only too happy to offer a financial settlement.

The insurance company will not mind – they’ll raise the premium of the policy up the yahoo at the next opportunity.

So, everybody is happy, besides the owners whose financial welfare is being abused.

Eric sure is correct on one issue: Many of the lower court judges are totally incompetent when it comes to knowledge of community association law – and instead of getting a decent ruling you might be busy explaining the statutes and its interpretation to the judge. Are you having fun yet?

Let’s face it: Many of the big “specialized” law firms are only too happy to drag out lawsuits in front of “blue-eyed” judges, since their interest is creating billing hours – no matter what!

I often get the feeling that certain attorney feed their clients – association board members – dubious advice, hoping to create lawsuits with lots of billing hours!

Judicial system? It sure sucks – especially when it comes to association law!

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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:

Educational Website:

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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