VIOLENCE IN ASSOCIATIONS?
NOT AS UNCOMMON AS YOU MAY THINK!

By Jan Bergemann

Published September 28, 2012

 

Shootings over association disputes? It happens and surely makes the headlines in the media.

 

In all the published cases about shootings in associations owners felt threatened by actions of the board or were even evicted from their homes.

 

In Chicago a condo owner shot and killed a board member and seriously wounded another, after being evicted from his home following a year-long dispute over association issues.

 

A homeowner in Arizona lost his home to foreclosure over landscaping issues. He returned for the next board meeting with guns blazing, shot two board members dead and seriously wounded three other board members before being restrained by members of the audience. The shooter now sits on death-row.

 

Just recently a homeowner in Louisville shot and killed a board member and seriously wounded another one over a driveway dispute at a homeowners’ association meeting.

  

These are the drastic cases – and we can only be happy that so far nothing like this has happened in Florida . But considering the ever-growing very emotional disputes – and families losing their homes – it may just be a matter of time.

 

We have heard many cases where arguments at board meetings ended in fist fights. We even had reports about arrests. Shouting and name-calling are even more common – and seem to happen all the time at many association meetings. I have seen many videos and heard many tapings of board meetings where the actions of board members and owners were anything but civilized.

 

As much as I can understand emotions boiling over, violence has never solved any problems.

 

One of the main reasons why owners are getting so frustrated that they turn to violence is the fact that local and state governments generally offer little or no help to the board members and/or owners.

 

"They just say, 'Have an election, pick some directors and then you guys do it. And oh, by the way, the legislature just drafted another 25 laws you're supposed to obey.' And nobody teaches them how to do it," Professor Evan McKenzie said in a recent interview.

 

Many owners still feel that “My home is my castle” – and they don’t like the interference of board members and managers in their homes. Owners feel threatened in their rights and I often hear from owners: “As long as I pay the mortgage for this property, I make the decisions. If they want to decide what I can – and can not – do on my property they should as well pay the mortgage!”

 

Owners, who have nowhere to turn to but expensive attorneys they can’t afford are getting desperate, causing in the end reactions as described above.

 

In my opinion, our government should do what it is supposed to do: Enforce the laws – instead of creating more and more laws that are difficult – or impossible -- to enforce.

 

Violence is most often created by total frustration – and the frustration is caused by the fact that the government allowed the creation of these community associations, but takes a “hands-off” approach at regulating these associations.

 

The more desperate people get, often caused by the fact that they have nowhere to turn to, the more desperate the measures.

 

In other words, we really shouldn’t be too amazed when we read headlines in the media telling us of fights and shootings in community associations. The system set up by our government fails to protect the owners living in these communities – and causes in the end the violence we are reading about!
   
Changes to this system are desperately needed – if we don’t want to see even more violence!


 
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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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