By Jan Bergemann

Published October 18, 2019


Supposedly these laws are written by knowledgeable legal experts, but even a layman starts wondering about the wisdom of these laws just by reading them word for word.


Just take a look at FS 720.303(2) – BOARD MEETINGS


FS 720.303(2)(b) starts out by saying: “Members have the right to attend all meetings of the board. The right to attend such meetings includes the right to speak at such meetings with reference to all designated items.”


But then the wording fails to explain what a “designated item” actually is. I have heard attorneys explaining these words by meaning agenda items. Well, makes sense to me, but here comes the kicker: The public notice requirements for HOAs in FS 720.303(2)(c)1. doesn’t really require the public notice to contain an agenda. So, where does it leave the owners wanting to speak to designated items on the agenda, as is their right according to the statutes regulating HOAs? At the “good will” of the board?


It’s getting better: If you continue reading the “Notice Provision” you are finding a provision that regulates the notice requirements if the HOA is using “broadcast notice” instead of public notice. There you find suddenly the requirement to broadcast an agenda: “When broadcast notice is provided, the notice and agenda must be broadcast…”.


So, what is it? I guess nobody really knows? In my opinion it’s just a another “weird” wording that allows attorneys to argue about and create some extra income at the expense of the owners.


Why does it seem to be so difficult to word clear and precise laws? Maybe some people with common sense should be tasked with writing these laws instead of “expert attorneys” who never seem to get it right!


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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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