By Jan Bergemann

Published June 7, 2019


I know that many people don’t like to pay the high legal fees a good attorney is charging. But, make no mistake, a good association attorney is worth a lot of money.


Not only because he may win lawsuits filed against the association, he may as well prevent these lawsuits from being filed in the first place by giving good and solid advice.


And preventing lawsuits can be even more valuable than winning some.


Board members should hire experienced counsel, specialized in community association law – not just the attorney from around the corner because his/her office is conveniently close. Remember, most of the communication with the attorney nowadays takes place by e-mail, Skype or other digital communication devices.


And board members shouldn’t hire an attorney based on the fact that he/she is a YEA-sayer and agrees with the board all the time, or even comes up with lgal opinions that favor the board’s ideas, no matter how much they would violate the rules and/or statutes.


A good attorney is telling the board exactly what the law – and case law – really says, no matter if the board members like it or not.


A good attorney should give a factual legal opinion serving the welfare of the association members, not the egos of some board members.

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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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