By Jan Bergemann

Published April 8, 2022


When reading the Florida statutes in regards to meetings and elections you will find that the word “MEMBERS” can be found everywhere in the provisions regulating meetings and elections. It even says that the annual meeting has to be a membership meeting, meaning that you have to be a MEMBER (deeded owner) to participate. The association even has the right to ask anybody who is not a member to leave the meeting. I have seen it done in various associations.


It’s a little different with officers, since the statutes are silent on the matter, but it seems to me that it would be pretty ridiculous to make a non-member “president of the board” – a person that doesn’t even have voting rights or could even get kicked out of the meeting since he/she is not a member.


I honestly don’t understand the reasoning behind making a non-member an officer. Don’t forget, a board (including the president) has far-reaching powers and could actually ruin the personal finances of all association members by making wrong decisions.


It really leaves the question: Why making a person “PRESIDENT” who has no financial interests in the association and would not even be affected by “stupid” decisions made by the board?


Even if laws and by-laws allow non-members to be an officer, it’s in my opinion a pretty stupid decision by the board to make a non-member the “PRESIDENT”.

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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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