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INVITED GUESTS IN CLUBHOUSE?
By
Jan Bergemann
Published December 14, 2018
That’s definitely the question after the 4th District
Court of Appeals ruled on November 28 that an owner has the
right to bring a personal trainer as an invitee into the fitness
center of the clubhouse.
See:
KENNETH
BROWNE and GAIL BROWNE v. VALENCIA RESERVE HOMEOWNERS
ASSOCIATION, INC.
This ruling definitely has a pro – and a con. Since it was a
friend – and a paid fitness trainer – the question remains: Who
will be responsible for any health problems caused to the owners
in the fitness center under the supervision of their friend –
the licensed, paid fitness trainer?
Well, the ruling is silent on that issue. But before this goes
any further, there should be as well a solution to this serious
issue. We live in a litigation-happy society and liability is
always a great issue.
No matter how the courts rule I found it ridiculous when board
members and other owners blame the couple who brought the
fitness trainer into the gym for the cost the lawsuit caused. If
there is no amicable solution to any problem, it should
definitely be the owner’s right to defend his/her version of the
rules to the court – without being later accused of causing the
high-cost legal fees to the association and its members.
Never forget: Since Florida has no regulatory agency any dispute
has to be solved by a court of law – like it or not!
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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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