By Jan Bergemann

Published October 16, 2020


Since the HOA Act [FS 720.306(9)] is not very specific in regards to elections of the board – unlike the Condo Act – HOA elections often turn into a nightmare. Fights over election results are pretty common.


Let’s face it: The election provisions in the statutes refer to the bylaws of the association – and bylaws can be easily changed to make them advantageous to the sitting board members.


Just take a look at so-called “NOMINATING COMMITTEES”. Since the members of this committee can be appointed by the sitting board members you will often find husbands, wives and friends of the board members being appointed to this committee. And these committee member will only “nominate” candidates who find in their agenda. With other words: You often only find the names of the sitting board members on the ballot that is being mailed out to the membership. That means that in reality the actual election already took place at the meeting – a meeting that often takes place behind closed doors – with no other “unwanted” candidate given the chance to get elected.


And this method of eliminating unwanted candidates is absolutely legal due to the fact that the statutes are silent on such issues. DEMOCRACY AT WORK?

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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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