IF IT WOULDN'T BE SO SAD -- IT WOULD BE HILARIOUS!

ASSOCIATION ATTORNEYS ASK LEGISLATORS FOR HELP -- AGAINST INCREASING FORECLOSURES

An Opinion By Jan Bergemann 
President, Cyber Citizens For Justice, Inc. 

Published April 18, 2008 

 

In a press release today CALL (Community Association Leadership Lobby) -- the lobbying arm of the law firm of Becker & Poliakoff -- asked legislators for help against the mounting problem of foreclosed homes and condo units in Florida's associations. The highlight of the published survey evaluation (quote): "The Governor's H.O.P.E. task force and Florida state legislators need to address in particular the growing number of vacant mortgage-foreclosed units and homes and declining revenue collection that undermines the ability to maintain the health and general welfare of millions of Florida community association residents statewide."

Allow me to be a little skeptical about the theme of this appeal: Does it mean the lawyers are concerned that their cash cows are dying? Because as long as the economy was great, they couldn't foreclose fast enough -- even for small amounts -- and rake in their legal fees. Aren't they the same attorneys who try to re-introduce the right to lien and foreclose for fines again      (H 607 -- S 2504)? 

Now that others are beating them to the punch, they want legislators to interfere?

These are the same attorneys, who in January 2007 told association boards "to beat mortgage companies and banks to the punch." (See: Foreclosures put added burden on association-run communities)

 

I have some really good ideas how these attorneys could help to ease the pain and help owners and associations to overcome the many problems they are facing with our bad economy and our even worse real estate market.

 

Allow legislators to pass association bills that:

  • Are easy to understand and easy to enforce,

  • Allow no legal fees added to the first notification letter to owners for unpaid dues and assessments (FS 720.3085 + FS 718.116).

  • Stop creating huge legal bills over document requests.

  • Require boards to show up if "invited" by a legislative committee, without creating huge legal bills.

  • Demand law firms to pay for the cost, if they advise boards to ignore these invitations.

  • Stop frivolous foreclosures for small amounts of unpaid dues.

  • Stop the filing of frivolous lawsuits.

  • Create a regulatory agency to govern homeowners' associations, thereby saving lots of legal fees for owners.

Many associations spend more than 50% of their budget for legal fees and management. That doesn't cut the grass and help with the regular maintenance. In hard times all expenditures need to be cut back in order to survive. And since legal fees don't do anybody any good in the first place, that's where associations should start using the red marker in their budget. It's easy: Can't live without water, telephone or electricity -- but you can easily do without an association attorney. Although there is still work for attorneys, this simple budget cut would create significant savings for associations and homeowners already under financial siege!

 

I was always under the impression that attorneys want to be taken serious? Asking the legislators to come up with a solution reminds me more of something The Three Stooges would have come up with. But actually it's so sad because it affects the welfare of millions of Floridians.

     

And it shows clearly how dangerous these associations are to property values. How about this statement (quote): "Public policy makers need to take a hard look at the impact mortgage foreclosures are having in community associations, where the pain is being felt as much more than a crisis of declining real estate prices,"

 

Where is the protection the owners were promised as part of the “great advantages” of association living?


NEWS PAGE HOME LEGISLATIVE SESSION 2008