By Jan Bergemann

Published August 5, 2022


The so-called CONDO SAFETY REFORM BILL (SB 4-D) contains a lot more provisions, but as usual without real enforcement. Using the Division to enforce all these newly created provisions is actually a joke. Their past enforcement record is horrendous.


Quite some serious provisions are targeting the developer, who is, according to the new law, being forced to jump through a whole lot of hoops at turn-over. But, no matter what the new law requires, owners should pay close attention at the time of turn-over. A new board has to be elected, consisting of unit-owners only. But, as we have already seen in the past, developers are pretty good at finding unit-owners running as candidates who are sympathetic to the developer and who, once elected, make sure that the developer will not be facing too many problems – or even get sued for not following all the required procedure – or even the quality of the building.


And then there is a provision requiring the Distribution of the Inspection Reports. Posting this report, electronic transmissions and publishing it on the association’s website are the required publishing methods. But what happens if the board is unwilling to follow these new requirements?


Time will tell how all these new provisions work out in daily life.


One thing is pretty sure: The Florida Legislature will have their hands full during the next legislative session creating laws that will help to really make all these provisions effective. They will definitely have to make sure that all the reserve funds this bill is creating are protected against embezzlement, scams and especially misuse of these funds.


How good are reserve funds if they are no longer in the bank account when needed for the purpose they were intended? That was the reason why many condo-owners voted in the past against funding reserves – and are still against it!

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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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