By Jan Bergemann

Published April 17, 2015


We are permanently hearing stories about embezzlement and fraud in Florida’s community associations.  But how about this: Our legislature is actually “Stealing” annually money from the Condo Trust Fund – and that’s a proven fact!


According to Fl statutes (FS 718, 719, 721, and 723) the associations have to pay a determined amount annually into the so-called Florida Condominiums, Timeshares, and Mobile Homes Trust Fund. For condominiums it’s $4 per unit annually. But, according to the official accounting of the Division of FL Condominiums, Timeshares and Mobile Homes, only a part of the funds collected were actually used for the purpose intended – and collected.


In 2014 – for example -- the Trust Fund collected a total of $ 13,645,998.54. But $ 4.5 million of this money was transferred to General Revenue, meaning this “left-over” money was used for other purposes as intended. Meaning condo-owners, who were told that the $4 collected annually would be used to finance a regulatory agency that has the powers and duties as described in FS 718.501(1) were deceived about the use of the money that was collected from them.


Instead of using the collected funds for the purpose as described, the folks in charge in Tallahassee make sure that they understaff the Division and hire cheap and often incompetent help to have lots of money left-over to finance some more of their other pet-projects with condo-owners money.


Instead of hiring some competent folks, they just pay low wages, wages that will never attract real talent. And the results are obvious – on a daily basis. I hear daily complaints from owners about the incompetence of Division employees and their unwillingness to take the necessary action to stop the shenanigans in these community associations. The results of their incompetence and unwillingness to take the action required by law are often horrifying.


If you figure that the transfer of “Excessive Cash” in 2014 was just a one-time occurrence, here are the numbers from the official financial report of the last five years:
2010                                           $ 1,986,000.00

2011                                           $ 1,149,960.00    

2012                                           $ 5,800,000.00

2013                                           $ 3,000,000.00

2014                                           $ 4,500,000.00


A TOTAL OF $ 16,435,960.00 was removed (or stolen) in the last five years from the funds the folks living in these community associations paid in good faith, believing that the money would be used to their benefit! WRONG!


That’s exactly why CCFJ, Inc. is trying to reduce the fees to be paid annually by these owners to $2.


Why should these folks pay extra taxes – other citizens don’t have to pay? What reasonable explanation could there be for this extra taxation?

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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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