WHAT IF YOU WAKE UP – AND THERE ARE NO MORE HOAs?

By Jan Bergemann

Published March 1, 2013

 

Imagine you wake up, turn on the radio and the news tells you that the President issued an executive order dissolving all HOAs in the USA ?

 

I imagine the reaction of folks listening to this news will be very different! From: “Oh shi.., I need a new job” to “Thank god, now I can finally sleep in peace again” – I think we will hear it all.

 

The explanation for these opposing views is pretty obvious: From folks who love these HOAs to folks who plainly hate these HOAs – you have it all.


That shows that this system running communities has lots of friends and foes – and debates over HOAs are often very emotional. While one side claims that communities without HOAs would quickly go down the drain, others claim that communities without HOAs are a lot more neighborly. Let’s be honest, there are lots of HOAs here in Florida where the word “neighborly” is absolutely unknown. In these HOAs neighbors who fell on hard times are served with lawsuits, liens and foreclosures – instead of chicken soup and/or cookies!

 

Are HOAs really doing what owners buying into these communities are being promised  when purchasing a home in a mandatory homeowners’ association?

 

Latest since the collapse of Florida ’s real estate market we all know that this HOA system can seriously backfire. Owners living in communities with a high foreclosure rate quickly realized that they suddenly have to pay for the unpaid dues, TV, water etc. of the neighbors who stopped paying dues – and are now living at the expense of their neighbors for two or more years, often bankrupting families who don’t have the financial means to pay for the ever-increasing dues and special assessments levied to make up for the budget shortfalls caused by unpaid dues and/or foreclosures.

 

This, on the other hand, caused property values in HOAs to go down faster than in areas where the homes are not located within HOAs. Potential buyers were warned by ugly headlines that they are responsible for paying bills their future neighbors don’t pay any longer.

 

Other HOAs circumvented increases of dues and special assessments by cutting back services. The result – for example: Landscaping that quickly attracted code enforcement – exactly the opposite of what potential buyers were promised when buying into the HOA.

 

I could never understand why a HOA would improve the property values. How come that isn’t an issue in Europe , where HOAs are illegal? Are all the properties in Europe down the drain because there are no HOAs?

 

Let’s make no mistake: While some will cheer about the news that HOAs are no longer in existence, some others will be really unhappy campers – not even counting the ones that are now out of a job! There is no easy solution for this dilemma. I already suggested many years ago that developers should build communities with and without HOAs. Then people would have the choice whether they like HOA living or not. But since you can barely find homes in Florida outside of HOAs that are newer than ten years, folks looking for a newer home are forced to move into a HOA. And since there is no choice the clashes between HOA proponents and HOA opponents will continue.

 

If you wake up in the morning and think that HOAs no longer exists, it must have been a dream or a nightmare that gave you that idea, depending where you stand on this issue! Where do you stand?


 
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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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