By Jan Bergemann  

Published November 22, 2019


Impeachment seems to be the new slogan of the media – but it’s nothing compared to the recalls in Florida’s community associations.


In 2004 the HOA Task Force added new recall provisions to the community association statutes – and for many years it just worked fine – until some Division arbitrators “read between the lines” and made a mess out of the well-working laws in place.


I never understood where these arbitrators got their wisdom, but what can you expect from lawyers who get paid less than most law firms pay their secretaries. You know the old saying: "You get what you pay for?"


In reality there is enough money in the Condo Trust Fund to hire well-paid lawyers, not just the folks nobody else wants to hire. But our esteemed legislators rather use this money, paid by Florida condo-owners, for their "pork" instead for the purpose intended.


And when complaints from owners were adding up, the legislature tried to make changes to the existing wording of the Condo Act -- and, since they were not really listening to the people in the know but to people who were led by emotions, they made an even bigger mess out of it.


The way the recall provisions are worded today, the process has to be considered a total joke. No more “DUE PROCESS”, no more short and sweet arbitration, only arbitration rulings that make owners and attorneys just go ”NUTS.”


Maybe Florida legislators learn one thing from the current “IMPEACHMENT PROCEDURES” in Washington: Always use “DUE PROCESS” and "OPEN PROCEDURES” if you want voters (owners) to take things seriously.


In former times Recall of Association Board Members was a clear “Numbers’ Game.” Nowadays it’s a CRAPSHOOT.

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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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