Friday, March 20, 2009

NEEDED –URGENT! BILL Alert H 1397

A big HOA amendment will be added to the bill at a committee stop.
This bill really is well worth fighting for.

We need to make Speaker Larry Cretul understand that H 1397 has to be added to the agenda of the Civil Justice & Courts Policy Committee in Tuesday, March 24, 2009.

Just for your info: Otherwise our bill is dead! PERIOD!

The bill is needed to protect the financial welfare of owners living in community associations.

Speaker Larry Cretul was before his election to the Florida House the Chairman of the Marion County Commission. He made HOA reforms a high priority in 2001.

We need everybody -- and then some – to ask the Speaker to make H 1397 a priority bill. You all need to contact him and his offices!

Especially all our folks in Marion County and surrounding areas need to call his district offices and send e-mails to him -- and his legislative assistant and district secretaries.

Here are the e-mail addresses:
Speaker Larry Cretul: LARRY.CRETUL@myfloridahouse.gov

Legislative Assistant Gina Evans: Gina.Evans@myfloridahouse.gov

District Secretaries:
Thomazine McNeil: Thomazine.McNeil@myfloridahouse.gov
Brittany Wilson: Brittany.Wilson@myfloridahouse.gov

E-mail Subject line:
Please make Community Association Bill H 1397 a HOUSE PRIORITY BILL!
Offices:
6911 SW Highway 200
Ocala, FL 34476-9210
Phone: (352) 873-6564

or

Doyle Conner Building
1911 SW 34 Street
Gainesville, FL 32608-1201
Phone: (352) 955-6407

Some speaking points:
Please make H 1397 a House Priority Bill.

As a Marion County Commissioner you (the Speaker) heard about all the problems in the homeowners’ associations in Marion County in 2001. It has gotten worse.

This bill will not cost any taxes or will have any impact on the budget, it is just a bill that contains many provisions to help owners living in these community associations and protect them against the downfalls of the bad economy and the "dead" real-estate market.

It will return COMMON SENSE to our community associations.

Florida’s owners living in community associations need this bill to protect their financial welfare in these testing times.

More than 20 members of the Florida House of Representatives listened in the last 15 months at various town hall meetings to the requests of homeowners and condo owners. This bill is the result!

It is a bill requested by the owners, not by special interest!
The help of the Speaker of the House would be very much appreciated!

FLORIDA -- $ 1 MILLION EMBEZZLEMENT -- AND NOTHING HAPPENS!

March 20, 2009

Dear Governor Charlie Crist, Dear Lt. Governor Jeff Kottkamp, Dear Senators, Dear State Representatives, Friends and Members,

Florida's legislators may wonder why this State lost its attraction for retirees from the North? How about the fact that this State allows these seniors to be fleeced -- and nothing happens! They are losing their life savings and their homes and nobody seems to care. The existing laws for our community associations are more or less a joke -- and the enforcement -- what little there is -- is non-existent! Last year, for the first time in decades, more people moved out of Florida than moved back in. Add the huge death-rate of a state with the highest age-average in the nation -- and you have the exact reason why more than 300,000 homes and condo-units are empty.

Add the headlines in the media and you know why the State of Florida is having serious financial problems. Our elected officials seem to forget that a huge majority of retirees live in these community associations -- barely anything else is available! And while in other states legislators are clamping down on corruption and embezzlement, Florida's legislators are still playing political games on the backs of its citizens, debating bills that will do more harm than good!

Nevada, after a big FBI investigation into corruption, embezzlement and election fraud in homeowners' associations, discusses serious legislation stopping these abuses. One suggestion: Making election fraud in associations a felony third degree. Please read this report from Nevada (with News Video): Legislation Introduced to End HOA Corruption at: http://www.ccfj.net/CCFJ$1millionembezzlement.htm
By the way, the professionals investigated in the HOA corruption investigation in Nevada are members of the CAI, the same trade organization that is running the "community association show" here in Florida. Prosecuting election fraud in Florida is impossible, because HOA law doesn't even provide simple enforceable election guidelines. It's a free for all, depending on how the sitting board wants it done, with the best chances to be re-elected -- or not having to hold an election at all.

Here in Florida law enforcement doesn't even seem to care if senior citizens get fleeced for more than $1 million, courtesy of a licensed community association manager and the management firm that wasn't able to watch the funds under its supervision. Senior citizens trying to find out what's happening with their money are being told by attorneys not to talk about it! Instead of taking immediate action our government agencies seem to ignore the pleas for help by these desperate folks! Please read the latest update of the $1-million embezzlement in Port Charlotte: http://www.ccfj.net/CCFJ$1millionembezzlement.htm

It's just a shame! This is just one of the many stories of abuse of community association members we hear on a daily basis. It's no miracle that nobody wants to move to FRAUD FRIENDLY FLORIDA anymore. And since warm weather and sunny beaches are more or less Florida's only attraction, it's no miracle that nobody wants to move to Florida considering that their life savings are unprotected! Most likely you will see a lot of folks moving out of this state, if they can ever sell their homes for a halfway reasonable price! Many have had it!

Warm Regards,
Jan Bergemann, President
Cyber Citizens For Justice, Inc.

Thursday, March 19, 2009

Can my association rent units?

Article Courtesy of The Sun Sentinel
By Daniel Vasquez
Published March 18, 2009

Renting out empty units may help your community association cope with budget woes caused by owners in foreclosure or delinquency, who do not pay maintenance fees.

As the problem grows, so does the number of associations turning to tenants to generate revenue. Here are some things to consider before your association proceeds.

If an empty unit is not owned by the association, it has no right to lease, rent or do anything for profit with it. That is, unless there is some provision in the governing documents granting that right, or a receiver is appointed to specifically collect rent from an existing tenant in connection with a pending foreclosure action.

However, the receivership process can be costly and time consuming and the money earned from it can be placed in escrow for a long time, said Leigh Katzman, of Katzman Garfinkel Rosenbaum, which represents more than 1,000 associations statewide. "Associations can spend a lot of time and money and in the end spend more money than they will eventually recoup."

And whether your association may legally become a landlord also depends on your documents.

Florida law won't stand in your way. Unless prohibited by an association's declaration, articles of incorporation or bylaws, state law (F.S. Sec. 718.111(9) ) gives an association the power to purchase units in its own community and rent, lease or sell them, said Steven Rubin, a Boca Raton attorney who specializes in condo law.

Rubin said it's important to note state law does not limit an association's right to purchase a unit at a foreclosure sale resulting from the association's foreclosure of its lien, or to take title by deed in lieu of foreclosure.

Two condo cases

"There are two circumstances which must be analyzed separately," Rubin said.

The first is when the association purchases a unit not in connection with its own lien foreclosure action. In this case, which is uncommon, if there is no prohibition in the governing documents, renting is permitted. Some documents, however, may require a certain percentage of unit owners' approval.

The second case is the association's purchase of a unit as a result of the foreclosure of its assessment lien or when a deed is given to the association by the unit owner in lieu of foreclosure. Renting is absolutely permitted in this case, Rubin said.

This applies no matter what documents say and without any membership vote.

"Assuming the association owns the unit which it acquired at its lien foreclosure sale, the association could lease the unit and receive the rents," Rubin said.

Rental responsibility

Whenever an association leases a unit, it has the same obligations as any other landlord would, and is subject to the Florida Landlord Tenant Act contained in Chapter 83 of the Florida Statutes.

Any rental income received by the association must be reported to the Internal Revenue Service, but that will not affect its not-for-profit corporate status. The rental income is usually designated as operating income.

Before the association decides to lease, it should calculate the amount of income it will receive relative to the expenses it will incur, including any refurbishing, experts say.

And associations should understand that if the unit is subject to unpaid real estate taxes or a superior mortgage, the association is not liable to pay those debts. However, those lienors may themselves foreclose.

"From a business standpoint, leasing a unit pending sale or other disposition gives the association the potential to recoup lost assessment income and could be a very wise decision," Rubin said. "On the other hand, the association must also be prepared to comply with its landlord obligations which oftentimes are the source of inconvenience and annoyance to board members, and occasionally require the association to evict the tenants for noncompliance with the lease."


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Daniel Vasquez can be reached at:

condocolumn@sunsentinel.com or at 954-356-4558 (Broward) or 561-243-6686 (Palm Beach County). His condo column runs every Wednesday in the Local section and at www.sunsentinel.com/condos. You also can read his consumer column every Monday in Your Money and at www.sunsentinel.com/vasquez

Wednesday, March 18, 2009

They can dictate the color of your home

Article Courtesy of NewsChief.com

By Dr. DONALD L. AREY
Posted on March 17, 2009

They can dictate the color of your home. They can tell you the length and height of your fence, when you must repair your roof, and, worst of all, they can levy a fine and place a lien on your property and foreclose on it for nonpayment, or even delayed payment of an assessment, however small. Extreme cases have occurred whereby a home was sold for nonpayment of an assessment as small as $100.

"They" are called homeowners associations (HOAs) and they threaten homeowners everywhere.

There are approximately 250,000 HOAs in the United States and they control the lives of about 50 million people. Approximately 50 percent of all new home construction in the U.S. in major metropolitan areas falls within the purview of a homeowners association.

Homeowners associations sprang up in the 1970s in California and have proliferated ever since. Supporters of HOAs argue that they help maintain order and property values and serve the best interests of owners in general. Supporters are convinced that association rules prevent chaos such as motorhomes left in the driveway, oddly painted units, dilapidated pickups left on blocks and poorly maintained landscaping. For some owners, a disadvantage of living under an association is the requirement of mandatory membership with the accompanying financial burdens of dues and assessments.

Living in an association-controlled property subjects homeowners to total control of the decisions of boards of directors, who have the responsibility of collecting the fees. Because there is a contractual obligation between the owners and the association, the board has the power to place a lien on the owner's property and then follow this with foreclosure proceedings if an assessment is unpaid, or even late. To cover a small assessment, the owner's home can be taken away from them.

Do you think this could never happen to you? Read on!

Emotionally entrenched boards may indulge themselves in heavy-handed and erratic enforcement of governing documents and even make up their own rules as they go on, thus violating homeowners' rights. Association boards can take the position of wielding a big stick and conducting themselves unfairly and sometimes outrageously. If HOAs dislike an individual, they are in a position to punish without recourse.

Associations are, in effect, "mini-governments" with few checks and balances. Dissenting homeowners find that complaining is often futile. Militant boards with unreasonable ideas can make for unpleasant and costly results for those who challenge them. Boards have the option of imposing fines and other sanctions against owners, without resorting to the legal system. Those who feel that their rights have been violated, or who want to challenge the board, have no recourse other than to resort to the courts, which is costly.

Perhaps there is nowhere else in our governing system where so much power is given to "rank amateurs," with little or no checks and balances. If these "rank amateurs" are decent and honorable people, sensitive to the needs of ALL members, then there probably will be no problem. Fortunately, most associations function in this manner. If yours does, consider yourself fortunate. A militant and heavy-handed approach to governing can be very traumatic and painful to those who disagree.

There is great potential for abuse in the system and state legislatures are struggling with this problem. Cases of abuse are many in Florida and the Florida Legislature is well aware of the problem. Under pressure from constituents, at least one, possibly two legislators are pushing for the removal of HOAs' ability to place liens.

Florida law creating and regulating HOAs was passed in the 1990s and, unfortunately, does provide that a lien may be secured against a member of a HOA for nonpayment or delayed payment of an assessment. It can be safely assumed that the intent of the law was to trap scofflaws and chronic nonpayers (deadbeats). It is doubtful that legislators were targeting HOA members who merely question certain expenditures or budgetary items or request clarification. That is precisely what happened to me in 2006. Read on.

The HOA in our Winter Haven-area neighborhood, the Estate area of Orchid Springs, was formed in 1987 to oversee matters of common interest, principally the resurfacing of the roadway. I served five years as president and the organization functioned for many years in a benign fashion. Tranquility was ever present and no problems of significance were encountered.

It was not possible to imagine the problems that lay ahead beginning in 2006 when a new and very different board was seated. Under this new board, spending dramatically increased, and not always wisely. Any challenges were met with cold indifference; the board had already made up its mind. In the 2006 budget, certain line items were unclear to my wife and me and we requested clarification, and we clearly indicated that we would promptly pay our annual assessment upon clarification. Florida law clearly states that this must be provided.

The board chose to ignore this contractual obligation and chose instead to place a lien on our lovely home of 30 years and our adjacent lot. This home has been paid for - for many years - and to make matters worse, the board retained the services of a Lakeland attorney who demanded that we pay, within 10 days, the $900 assessment plus his legal fees of $1,800, for a total of $2,700. If not paid within 10 days, then he would commence foreclosure, which is tantamount to taking the home away from us and literally selling it on the courthouse steps in Bartow. Unfortunately, Florida law allows for this terrible action, by a board that is obsessed with power and control.

Devastated and faced with loss of our home, we had no choice but to pay up - and quickly.

Yes, this actually happened in East Polk County and it illustrates just what can result when a board develops an "attitude" and asserts control over members in a homeowners association.

Though California has had the worst problems with HOAs, Florida is not far behind. An ad hoc committee was appointed in the Florida House last year to address the large number of complaints of HOA abuse. Limited legislation was passed, but the ability to place liens is still on the books. I have volunteered to appear before the Legislature to share my experiences of HOA abuse, at the hands of a militant board that chose to inflict pain rather than act in good faith by providing requested information.

I have been told that there are so many cases of abuse in Florida that my story would be only one of many. Apparently, boards running amok in Florida are not rare. Knowing what I know now, I would NEVER locate in a neighborhood where a HOA exists.

I would advise anyone to seriously consider the pros and cons of locating in a development where membership in the HOA is mandatory. Unfortunately, it is too late in life for my wife and me to consider relocation, though it is at times tempting. As in card games, you sometimes draw a bad hand.

Monday, March 16, 2009

Family Allowed to Build Playset After Four-Year Fight

First Coast News
Published March 14, 2009

JACKSONVILLE, FL -- A family at the Cimarrone Golf & Country Club has won a four-year fight to build a back yard playset for their children.

The decision comes just days after President Obama and the First Lady surprised their daughters with a similar playset at the White House.

sending me the link. It was kind of like perfect timing with this," said Home Association Board Member Chanse Henderson.

According to Henderson, the family asked the board for permission to erect the playset four years ago, but was denied.

Henderson says the family asked the new board for permission after other families built playsets on their properties in 2008.

Several of the residents protested the request. They argued that a playset did not belong on a lot facing the golf course. The other homes were not on the golf course.

"One owner said it's the retired people versus the young family people," said Henderson.

In a three-page flier sent to residents who own lots facing the golf course, opponents wrote flying golf balls could hurt children and the playset could be an eyesore for golfers.

They also say playsets facing the golf course would lower property values.

"Is that playset at the Oval Office lowering the property value of the Oval Office? I seriously doubt it," said Henderson.

"Will we soon see 6-foot cedar fences, sheds and pit houses on golf course lots? Where do you draw the line?" one resident said at a board meeting.

"When we moved in here, we signed an agreement that said no swingsets if you're on the golf course. Does that bother me? no - but it is against the agreement," said resident Jeff Desmond.

The Architectueal Review Board of the community acknowledged that some homes should not have playsets because of the danger to the children. This home was not one of them.

Tuesday, the board voted 3-2 to allow the playset.

Henderson says some of his opponents have discussed recalling members of the board, especially those who voted to allow the playset. He says there's even talk of legal action.
HOA ARTICLE

Sunday, March 15, 2009

Jonathan Thornhill, Lake Wales Commission

Vote for Mr Thornhill. Forget about this Jack Van Sickle guy, If you want big trouble, Mr Sickle is the guy, he loves to call the cops, that all he knows, plus he has screw the residents of lake Ashton with high taxes and he had to borrow $10,000,000 more. He spends money faster than he receives it. Tax revenues have increased 80%. He has received enormous sums of money from grants, insurance settlements and land sales and it's all gone. The big spender, Van Sickle must go.

Mr Jonathan Thornhill is our man, vote for him, he will make a difference.

A pastor, a priest and a rabbi

A pastor, a priest and a rabbi were out for a day of fishing. After getting into the boat they had just pulled away from the dock when the rabbi said stop the boat I forgot the coffee, the pastor who was driving the boat said I will turn around and take you back to the dock and the rabbi said oh no need I will be right back. The rabbi quickly jumped out of the boat and ran across the water to shore and then to his car to fetch the coffee and then ran back across the water and got back in the boat. Well the pastor not wanting to be shown up by the rabbi said oh my I forgot the sandwiches and quickly jumped out of the boat to attempt running across the water like the rabbi but instead sank quickly to the bottom of the lake. With that the priest looked angrily at the rabbi and said you should have shown him where the rocks were.

Golfaholic

Your a GOLFaholic if...

* You think that some day you'll shoot your age, when a more realistic goal would be to shoot your weight!
* You know there's more to life than golf, but your'e not interested in finding out what it is!
* You quit the game forever, twice a month!
* You buy every new golf gizmo that comes out!
* You think you're skillful and everybody else is lucky!
* You miss the ball, but still think it was a great swing!
* The new clubs you just bough cost more than your mortgage and car payment combined!
* You can't break a 100 but still think you could give Tiger a few tips!