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IS A CONTRACT ALWAYS A CONTRACT?
By
Jan Bergemann
Published
April 15, 2016
Let's face it: It very much depends who will
benefit from a possible change of the contract.
Funny enough, if it goes against owners, contracts can be
changed pretty easily. But if it goes against the association or
even developers, it's nearly impossible to implement changes to
the contract.
The "holy" contract rights -- according to our legislators and
judges -- are even able to ignore the US Constitution. Remember:
Freedom of Speech or Protecting against Fining by Non-Government
entities -- clearly not existing.
Owners -- and renters -- in community associations are always
told: "You signed a contract, so don't complain!"
What a joke! Most lawsuits pending in Florida's court rooms are
not dealing with violations of rules initially filed by the
developers creating these communities, but with changes to the
original documents -- or rules and regulations created long
after the fact these owners/renters signed their "contracts" by
some "friendly" neighbors who think they have executive powers.
Let's talk about the renters we are hearing so many complaints
about? Are they as bad as their reputation? Honestly, I think
most of us have been renters at one time, if we haven't been
born with a golden spoon in our mouth. Did we behave so much
different at that time -- just because we were renters and not
owners?
One person who commented earlier this week got it absolutely
right in my opinion: There are definitely as many misbehaved
renters as there are misbehaved owners. And renters, who don't
follow the established rules, are a hell lot easier to kick out
than owners who plainly ignore the rules.
Here is my take on the whole deal: If contract rights create
these communities, than any person buying into such a community
should have the right to be able to rely on the conditions of
his/her contract forever -- no matter how the neighbors feel.
Remember: They signed -- hopefully -- the same contract.
And in case of the right of owners to rent their home/unit? This
right should be untouched. The band-aid of allowing owners who
vote NO to keep their rental rights until they sell is just
that: A BAND-AID. These owners, when trying to sell the
home/unit, have to tell potential buyers that they can't rent
these homes. That will automatically eliminate quite a few
potential buyers and decreases the sales value. You know: The
more restrictions the less the number of potential buyers.
But who cares about us -- the citizens -- anyway? Not the
so-called establishment -- meaning the rich who can buy our
legislators! Look at the so-called Primaries! It just doesn't
matter what the voters want. They'll nominate as candidates who
is convenient for their purposes -- and then we -- the lowly
citizens -- are expected to vote for their selected candidates.
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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
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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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