By Jan Bergemann

Published June 12, 2015


I guess the WESTWOOD GARDENS HOMEOWNERS ASSOCIATION, INC. in Palm Beach Gardens found out the hard way that not having one specific sentence in their governing documents is costing them a fortune.


In a recent court ruling the 4th DCA [Pudlit Joint Venture LLP v. Westwood Gardens Homeowners' Association, Inc.] ruled that the governing docs of the association didn’t contain the all important sentence: “as amended from time to time.” When will association boards and their attorneys finally learn that new laws don’t automatically apply to their association – if this sentence is missing in the declaration.


It seems that many folks still believe that new laws are new laws and will apply to their association.


Latest after the Supreme Court ruling in the case Susan Cohn v. The Grand Condominium Association everybody should know that saving a few pennies for not re-writing the association docs can get very costly.


Community associations are based on contract law – and a contract is binding – no matter what new laws are implemented. Make sure your declaration contains the necessary language so new laws will be valid for your community.


It can save you and your neighbors lots of money!

HTML Comment Box is loading comments...
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 !

Join the 

CCFJ Email List

For Email Marketing you can trust