New Florida law cracks down on HOA 'dictatorships'
'First Step' legislation goes into effect July 1

Article and Video Courtesy of Channel 6 -- Orlando

By Mike Holfeld

Published June 30, 2013

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ORLANDO, Fla. - Effective Monday July 1 a new H.O.A. reform bill goes into effect essentially ending the run of so called H.O.A �dictatorships� in Florida.

An estimated 2 million homes are currently run by some form of Home Owners Association but until now those HOA�s have never registered with the State.

Jan Bergemann a long time champion of H.O.A. reform and head of Cyber Citizens for Justice calls the new law a solid first step towards ending the HOA conflicts.

�Regulation means easy enforcement and that�s what is missing,� Bergemann says.

Under the new law every H.O.A. in the state must register with the Dept. of Business and Professional Regulation by November 22.

    

That will lead to a second piece of legislation that will include proposals for an estimated $2 annual fee from home owners and a ban against liens placed on properties when the home owner can�t afford HOA fees.
   

The $2 fee would be used to finance the new HOA office with the DBPR.

State Rep. Mark La Rosa, R-St. Cloud, worked closely with Senator Alan Hays, R-Umatilla, to craft what La Rosa calls an 18 page �common sense� bill.

La Rosa says the legislation �... creates more of a structure for how HOAs are run.�

Some of the key concerns addressed include : A home owners right to HOA documents, HOA officers with a criminal past, HOA officers with a financial interest in certain bids and state

investigation of complaints against HOA officers and managers.

Still unresolved are the so-called �staggered� elections that keep HOA officers on the job for 3-year terms and husband and wife teams both serving on the board at the same time.
     

Renate Ward a volunteer HOA president for a 275 manufactured home community in Osceola County says much of the past �yelling and screaming� comes down to residents buying a home in a community without knowing all the facts.

�They don�t even know we have documents and the realtors don�t even communicate that there is an association with a fee," Ward said.

Helen McKnight, treasurer for the same HOA says �you have to start someplace and this is a start, we know it�s not the finished product.�

Bergemann, a former member of the state HOA

task force under Gov. Jeb Bush, has maintained a web site to chronicle HOA issues and the latest legislative developments.

The website http://www.ccfj.net breaks down the �legal speak� for the new HOA legislation.

Bergemann says he applauds the hard work of Hays and La Rosa saying, � we have the start of accountability.�

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