By Jan Bergemann

Published October 11, 2019


Let’s face it: The Florida Statutes regulating community associations plainly suck. They are ANTI-OWNER, written by special interest, for special interest, for the benefit of special interests – to the DETRIMENT of us: THE PROPERTY OWNERS.


MAKE NO MISTAKE: WITHOUT ENFORCEMENT THE BEST WORDING IS USELESS – and there is no real enforcement. If living in a community association you have to be wealthy enough to afford expensive litigation in order to enforce your rights. With other words: If you live of social security, you really have no rights!


Already during the HOA Task Force meetings 2003/2004 it was discussed to use the same language for all types of community associations when it comes to MANAGEMENT ISSUES.


Let’s face it: It doesn’t really matter how the building looks like when it comes to elections, record requests, meetings of board and/or members – and the list goes on.


On the other hand, community associations shouldn’t be regulated by just one statute. Special interest always had the idea of creating a so-called OMNIBUS BILL.


Let’s be honest: The wording of existing statutes is already confusing enough for owners. Why should homeowners, living in a HOA, be bothered to find all the insurance provisions of condominiums in the statutes regulating HOAs.


Buildings are different and the laws have to be treating them differently. There is no question about it. But all the issues regarding management should be treated the same.


Oh, by the way: Talking about different buildings? Actually, I think, there should be a separate statute for town-homes, aka Villas. In my opinion they are neither multistory buildings – like condos – nor single family homes -- like HOAs. Some are incorporated as condos (FS  718), others are incorporated as HOAs (FS 720). But very often neither FS 718 nor FS 720 works – and litigation is on.


REMEMBER: Different buildings meaning different ownership and different maintenance and insurance.

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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:

Educational Website:

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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