By Jan Bergemann

Published April 21, 2017


All owners have the right to found a social club – no questions asked. In my opinion the real question would be: Does a social club in an association have special rights?

I think: Only if the board allows it!


Remember: Amenities and common property belong to all owners, not just the members of a “Social Club.”


If the “Social Club” wants to use the amenity – like clubhouse or pool area – without officially inviting all members of the community to participate in the event the club has to jump through the same hoops an owner has to jump through if he/she wants to rent the amenity for a private party – like the wedding of the daughter or a grill party at the pool for his football buddies. They have to pay the “rent” and “cleaning fees” anybody else renting the amenity has to pay. I think that most communities have regulations as to the requirements of renting the association’s amenities. Exactly these rules have to be followed.


Such a social club is independent from the association – and has no special rights whatsoever. On the other hand the association board has no right to interfere with the club – or even try to confiscate their funds.


Just because the members of the social club maybe as well members of the association, doesn’t give the association board the right to control the social club or its funds.


Power corrupts – and more power corrupts even more.”


Only in this case the board has no power, while the social club has no power to decide when they want to use the amenities for their private purpose.


We are talking about two different entities – which in reality have to try to get along without stepping on each others’ toes!

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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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