THE
SUMMARY REPORT
FIRST
NATIONAL
HOA
+ CONDO CONFERENCE
FEBRUARY 2, 2008 at 1:00 P.M.
CLUBHOUSE
CENTURY VILLAGE EAST
DEERFIELD BEACH,
FLORIDA 33442 |
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Published
February 11, 2008
By
Jan Bergemann
On
Saturday, February 2, Jeff Chester,
COOCVE Recreation Committee Chairman, welcomed the crowd of estimated 300
owners and board members to Century Village East.
Chandra
Parker Dr. Virgil Rizzo Val Lucier
Barry Silver |
Charles
Milsted, Associate State Director of Florida State Office of
the AARP, explained that the obvious need for public protection,
especially for the many elderly folks living in mandatory associations,
had caused the AARP Public Policy Institute to commission
Texas
attorney David A. Kahne to write the Bill
of Rights for Homeowners in Associations.
David
Kahne,
Esq. (TX) is a well-known attorney from
Houston
,
Texas
whose private practice focuses on constitutional law, civil rights and
property rights litigation. Kahne
outlined the objective of the sample model statute created with input from
many experts from around the nation. If
drafted and enacted, this model statute will create basic principles of
Consumer Protection, with priorities on owners' rights, accountability,
reasonableness and fairness. As
the statutes stand now, conflicts are common because associations have the
power to make rules (like a legislature), enforce rules (like an
executive), and resolve disputes over rules (like a judge) -- all through
a board of volunteer directors, who may vary substantially in their
knowledge, experience, and sometimes intent. In the absence of a
separation of powers, homeowners lack vital checks and balances. The model
statute attempts to create the necessary changes. (Please see HERE for
details!)
Jan
Bergemann, President of CCFJ, Inc., presented BILLS
that are being introduced for the upcoming legislative session and talked
especially about the rewritten HOA
BILL that creates many necessary changes to protect owners against
financial
mismanagement, uncontrolled spending and even clear embezzlement!
Val
Lucier, Dr. Rizzo’s Chief Election Monitor and author of the educational
book "Condo
Board Election Revolt – How Florida’s First Condo Ombudsman Became A
500-Pound Gorilla", discussed the problems of association
elections and the need for closing serious loopholes in the election
process. His experience showed that existing procedures create an
environment conducive and vulnerable to election fraud and or other
election irregularities.
Lucier
introduced the "500-Pound Gorilla" --
Florida's First Condo Ombudsman, Dr.
Virgil Rizzo -- who was greeted with hearty applause by the audience.
Contrary to some attorneys and board members, many of
Florida's condo owners appreciated Dr. Rizzo’s efforts to help the
owners under siege! Dr. Rizzo
talked about the fact that mismanagement of the associations and abuse of
the unit owners by the directors are the most common problems in
condominiums. Condominiums are
private corporations that are operated by their officers and directors. In
many instances these volunteer directors have little or no experience
running a corporate business, which leads to poor judgment in the handling
of association business and the treatment of owners.
The directors and owners are seeking help from the State of
Florida
to resolve these problems. However,
the State is not in the business of running private corporations. The
State can only give guidance in the management of associations through
legislative directives.
The
Legislature must enact laws, not only to assist condominium owners in the
proper operation of their associations, but also to provide uniformity and
clarity regarding specific condominium issues.
Reconstruction
After Casualty
and
Protection
Against Abuse
are laws that must be enacted.
These proposed
laws have been drafted and forwarded by CCFJ for presentation to
the Legislature.
If enacted, the proposed legislation will provide a clear
understanding in regard to the operation of condominium business and the
handling of corporate records, which would include requirement of a
periodic audit of the corporate infrastructure.
Warm applause greeted State Representative Julio Robaina, Chair of the new House
Select
Committee on Condominium & Homeowner Governance.
Representative Robaina gave the audience an
overview of the responsibilities of this new committee that
has subpoena power -- and will use it! Representative
Robaina offered his perspective on the needed reforms to
community association statutes and emphasized the need for
citizen participation in the legislative process. It is
imperative that owners contact their local Florida State
Senators and Representatives to ask the legislators to
support owner-friendly association reform bills |
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THE
PANEL
David
Kahne Jan Bergemann Julio Robaina Mark Benson
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Robaina
talked about dedication to reform community association statutes over the
last five years and thanked the people in attendance for their role in
pushing legislative reforms. Representative
Robaina offered a legislative outlook on the issues raised, along
with suggestions for resolutions by proposed legislation.
Barry
Silver, Esq., a renowned attorney from
Boca Raton
, had successfully defended the Jupiter flagman, George
Andres, and has a great reputation as a fighter for
owners’ rights, especially from the constitutional side of
the law. Silver
offered a suggestion that legislative sessions should begin
with a prayer for the
public rather than for legislators.
His experiences with dictatorial actions of |
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association boards point out the need for a war for democracy right
here in
America
, rather than in foreign countries. The protection of individual freedoms
and choice must be maintained and retained by legislative reform, since
owners can't afford the high cost of litigation in order to defend their
rights.
Mark
Benson presented proposed
amendments to 468 Part VIII F.S. concerning licensure of Community
Association Managers, as recommended by the Regulatory Council of Community
Association Managers. It includes licensure of management companies, the
removal of the small association exemption, clarifies that association
members may serve on the Council, changes the Council to a Board,
prohibits licensure of violators of licensing law, and creates improvement
in education.
Shawn
Boehringer, Esq. runs the Legal Aid
Service of Broward County, Inc. and deals with liens and foreclosures,
especially those involving elderly citizens. He talked about the necessity
of revamping consumer protection against predatory
practices of liens and foreclosures which especially hurt the elderly on a
fixed income and low-income families who are being hit by outrageous legal
bills for small amounts of unpaid dues. In order to strengthen consumer
protection, Boehringer offered a rewrite of FS
718.116. The amendments to FS 718.116 would create some necessary
protection, but wouldn't help deadbeats!
Mark Bogen, Esq.,
the Legal Columnist for the Sun-Sentinel in
Broward
County, talked about a very serious issue that has cost
associations millions and millions of dollars: How to protect your condo
from unscrupulous vendors. Mark created the BOGEN
LIST, trying to help boards to find the right contractors --
contractors properly licensed and insured. Florida's associations have
seen huge financial losses caused by fraudulent contractors. A free
reference service like the BOGEN LIST can prevent these kinds of financial
losses.
Beanie Adolph
(TX), Founder
of HOA Data and director of The
Texas Homeowners for HOA Reform, Inc. offered
the case of predatory lending and foreclosure practices in
Texas
as an example of what needs correction to the national situation. Let it
be said -- the same issues are running rampant here in
Florida
. The concept of neighborliness is the ultimate
issue for all Americans in HOAs. The problems of the HOA forces are too
often completely opposite to the concept of being a good neighbor.
Shu Bartholomew (VA),
the well-known Radio Host of "On
The Commons" that has guests from all over the nation every
Saturday at 2:00 PM, discussed the association issues sweeping our
country. Since she talks with all kinds of people -- attorneys,
managers and owners from both sides of the fence -- she sees what's
going on nationwide. In short: The problem is all over the same and so far
legislatures have made only a few attempts to protect owners from
overbearing associations.
Joe Gorman, President of the
Property Owners' Association of The Villages, Inc. in Central
Florida, discussed the serious issue of
"Community Development
Districts -- The Good, The Bad, and The Ugly." CDDs are another
form of widely unregulated, but mandatory associations with many
flaws. Gorman pointed out that there are now more than 350 CDDs in
Florida
with well over one million people currently living in these
districts. CDDs are special taxing districts
approved by the Florida Legislature in 1980 to encourage residential
development. Developers sometimes abuse the concept by controlling
governing boards and selling common property to these CDD boards at
inflated prices.
Potential buyers are often not aware of the extra
outrageous cost that has to be paid by the owner -- added to the property
tax bill. Therefore, his biggest request to the
Florida
legislature: Finally add much
needed DISCLOSURE
PROVISIONS to Florida Statutes 190.
Maida Genser, President of Citizens for Pets in Condos, Inc.,
discussed the necessity of finally adding legislative regulations to
allow
EMOTIONAL
SUPPORT ANIMALS in
mandatory associations. This demand is widely supported by the public, as
shown by more than 17,000 signed petitions supporting this bill. These
petitions were collected by volunteers -- an immense undertaking.
Especially many of our elderly neighbors who have lost their life-long
partners would very much benefit from this legislation. We are seeing too
many expensive court battles fought over small animals -- court battles
many of our neighbors in need cannot afford.
Dr.
David I. Goldenberg, author of the book "How
to Protect Your HOA or Cond-Dough" , discussed his ideas on How to Stimulate and
Complement Legislative Change for HOAs and Condos. He suggests that
communities amend the associations’ governing documents. His four
letters for success: ORRA -- O
for organize, R for recall your board, R for replace the ousted directors
with good people, and A for amend your documents.
Speakers from the
audience presented their views on how to help associations
carry out their responsibilities.
A discussion period followed with comments and
questions from the audience.
Because
of time constraints Bergemann had to offer apologies to Jean
Winters, Esq., Barbara Stage, Esq., Chandra Parker, Esq. and
Inger Garcia, Esq., -- all attorneys who represent owners in their battles
against associations. We
will publish their presentations in written form on our
website shortly! Sorry, but time is running fast when you
have a good time! |
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Mark
Stern from Playa
del
Mar and other audience members ask questions and present their reform
proposals.
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Representative
Julio Robaina summarized
his impressions about the conference and gave the owners in the audience
and all over Florida a clear message: "Contact your local
legislators! Let them know what you want and what you need! They need to
hear from you!"
In
closing words Bergemann appealed to the owners to unite and organize. Only
in numbers is our strength since we will never be able to outspend the
"industry" in Tallahassee.
Many of
Florida's owners are afraid that they can no longer afford their homes.
Uncertainty about a person’s home and finances can be devastating
to an individual as well as to the community and state in which we all
live.
Real fixes for
Property Tax and Property Insurance need to be enacted to revive our
“dead” economy. Admittedly,
real fixes will require hard work!
Reforming
the way our associations are regulated is an important issue. We need
bills enacted that will finally stop the financial mismanagement,
uncontrolled spending and even clear embezzlement! Many owners
paid much higher special assessments to their associations than they paid
for property insurance and property tax together!
Now
start to help yourself by being part of the solution, not part of the
problem!
Together
we can achieve our goals.
PLEASE JOIN OUR EFFORTS!
CLICK
HERE FOR CONVENTIONAL MEMBERSHIP APPLICATION FORM
CLICK HERE TO JOIN USING PAYPAL OR JUST MAKE A DONATION!
It
was refreshing to see that a four-hour program discussing the issues at
hand could be interesting without talking about all the horror stories and
without all the negativity that normally surround these town hall
meetings. The hearings of the House
Select Committee on Condominium & Homeowner Governance
in Pembroke Pines and Miami Beach showed the desperate need to enact
strong association bills -- with teeth -- to protect the welfare of
Florida's homeowners and condo owners.
The
two-day event in Broward County was
a very positive conference with very educational presentations, aimed to
help understand the need for owners to be educated on the subject that
deals with their HOMES!
Positive
response to this conference has been overwhelming.
During the week that followed this event, many persons have
reported that they valued the knowledge gained here.
Now we must all work hard to maintain the momentum generated by
these frank discussions.
FEBRUARY
2008 --- CCFJ, Inc. -- 1156 Tall Oaks Rd. -- DeLand, FL 32720
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