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CONDO RECALL ARBITRATION –
NON-EXISTENT IN THE MOMENT?
By
Jan Bergemann
Published
September 22, 2017
Latest since Chief
Arbitrator James Earls Final Ruling in the Sunbrook Condo recall
case, we know that the new recall provisions enacted by the
Florida Legislature are on hold, due to the fact that FAC 61B
wasn’t changed accordingly in a timely manner and that the
“esteemed” Division arbitrators are obviously unwilling to deal
with these new laws.
In this case the new
laws stating “Recall Effective Immediately” are clearly being
ignored by our government agencies and the condo owners are
paying the price.
As usual, the
discrepancies in the wording of the bill are fought over on the
back – and the expense -- of the condo owners who relied on the
new law being effective on July 1, 2017 – as stated in
the original bill – and not some eight months later when some
government worker are finally doing their job of changing the
Florida Administrative Code accordingly.
I think this is a
typical example why many association members are claiming that
our government is failing them. Now even the recall process, in
former times successfully used to remove “unwanted” board
members isn’t working any longer.
See as well:
ARBITRATION SECTION REFUSES TO DEAL WITH NEW CONDO RECALL LAWS
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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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