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COMMUNITY ASSOCIATIONS: YOU’RE LEAVING THE AMERICAN ZONE!
By
Jan Bergemann
Published
July 22, 2016
We hear so much about our Constitution and the Amendments and
the rights given to us by the Constitutions and the amendments.
Guess what: Community associations can make their own rules!
Remember the fact that the Constitution allows only government
entities to fine its citizens. And we all know that community
associations are NOT government entities. But our legislators –
in their infinite wisdom – still allow untrained boards to fine
their neighbors – and even give them the right to foreclose on
their neighbors’ homes if they don’t pay these – often
ridiculous -- fines. WHO CARES ABOUT THE CONSTITUTION?
Their excuse: It’s contract law! But what if the contract (CC&Rs)
doesn’t say anything about fining? Who cares? It’s still a great
source of income for CAMs and attorneys! WHO CARES ABOUT
THE RIGHTS OF THE OWNERS?
Remember the 2nd Amendment – the RIGHT TO BEAR
ARMS? Guess what: The association has the right to stop
you from entering the common property – like the clubhouse. All
they have to do is: Make a Rule! Even if you have a concealed
weapons permit, the association can stop you from entering the
clubhouse to attend a board- or membership meeting – no matter
if you have a permit or not.
Honestly, I think it’s a good idea to stop people from
participating in board meetings with a loaded gun. We have seen
emotions running very high at various board meetings. It was bad
enough that chairs, walkers and laptops have been used trying to
“settle” differences in opinions. Imagine what could happen if
somebody carries a loaded gun at such emotional moments?
But I still remember the story of the board president carrying a
gun to each board meeting, trying to intimidate owners who might
have been tempted to oppose his views. All went well for this
president, until he had to show up at a court-ordered mediation.
The location for this mediation meeting – wisely chosen by the
owners’ attorney – was a room in the court house.
The “smart” board president forgot that courthouses have their
own rules in regards to carrying loaded guns. I guess you know
what happened next?
But all in all: Should community associations have the right to
create rules that supersede our Constitution and its Amendments?
I honestly don’t think so – and hopefully one day our courts
will agree with me.
But until that day comes, I still favor the idea that these
community associations should post a great sign at the entrance
– reading: “YOU ARE LEAVING THE AMERICAN ZONE!”
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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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