Lawsuits

An Opinion By Jan Bergemann
President, Cyber Citizens For Justice, Inc.
Published February 17, 2009

Do you wonder why so many lawsuits are filed in homeowners' associations?
The explanation is relatively simple.

Actually, there are three main reasons:

1.) Our government allowed these community associations to be created and created lengthy, but very vague, statutes, but -- on purpose -- left out any easy way of enforcing these statutes.

2.) Total lack of regulation.

3.) Power hunger and/or greed are creating dictatorships within our society.

And the so-called professionals -- attorneys and management firms -- are using their power and "knowledge" to manipulate gullible board members for their own financial gain.

Let's face it: Since Governor Jeb Bush's HOA Task Force (S 1184) eliminated liens and foreclosure for fines, law firms are working hard to find ways to circumvent this law. Finicky interpretations of the law, prepared by lawyers looking for loopholes to increase their billing, are being used to squeeze money out of unsuspecting homeowners.

How would you feel if you get a letter accusing you of violating the deed restrictions, demanding immediate payment of attorney's fees, no matter if the accusation turns out to be right or wrong! You might call it whatever you want -- I call it HIGHWAY ROBBERY -- covered up by legal mumbo-jumbo!

Just read the following parts of a "DEMAND LETTER" sent out by Frank A. Ruggieri, Esq., from the law firm of Larsen & Associates, P.A. in Orlando.

Once again, in accordance with Section 8.2.5 of the Amended and Restated Declaration for Manchester at Kings Ridge, you are responsible for all attorneys' fees and costs incurred by the Association from this Law Firm for our involvement in enforcing its covenants which you are violating as stated above. Accordingly, in addition to correcting the covenant violation set forth above, you must remit payment to Larsen & Associates, P.A., in the amount of $232.00 made payable to the Manchester at Kings Ridge Homeowners Association, Inc., within thirty (30) days from the date of this notice.