|
SELECTIVE ENFORCEMENT – AN ATTORNEY’S BIG PAY DAY!
By
Jan Bergemann
Published
December 19, 2014
We are talking so much about enforcement, but have you ever
considered that enforcement of rules is one of the most tricky
issues community associations have to deal with – and most
likely the No. 1 topic of very costly lawsuits.
I am pretty sure that about 50% of all attempts to fine owners
for violations of rules are totally flawed. I know of HOAs that
don’t even have a grievance (fine) committee, but the CAM sends
out violation notices with fines by the bunches. Other
associations fine their members for violation of rules that
legally don’t even exist.
In reality there are just too many over-eager boards who listen
to even more overeager service-providers who give them all kinds
of advice that sounds good, but does nothing but create
expensive lawsuits.
Before an association board even starts to consider “fining”
members they should make sure that all the right procedures are
in place – and that the association even has the right to fine
its members for rules that may not even be valid.
Enforcing “RULES” isn’t easy, but can get very
costly – for the association. We have seen over the years rule
enforcement attempts that ended in court rulings against the
association – costing the association hundreds of thousands of
dollars in legal fees.
Leaving us with the question: Is it really worth it trying to
enforce all the little rules boards often come up with – or
should enforcement be limited to the real serious issues that
would really make a difference in the value of the properties
located within the association?
But it gets really expensive when “SELECTIVE ENFORCEMENT”
comes into play. We see it all the time that boards attempt to
enforce certain rules against owners they don’t like much but
let their “buddies” – or even fellow board members get away with
it. Judges normally don’t show much patience with these cases
and throw the book at the board members guilty of selective
enforcement.
There is plenty of case law, created by lots of Appeals Court
Rulings – see:
http://www.ccfjfoundation.net/COURTOPINIONS.htm (scroll down
to Selective Enforcement). A board guilty of “Selective
Enforcement” is creating a field day for the owner’s
attorney – giving him/her a great payday once the ruling(s)
become final.
MAKE SURE IT DOESN”T HAPPEN IN YOUR COMMUNITY!
|
|
 |
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
!
|
