THE 2010 LEGISLATIVE SESSION RESULTED IN CHANGES TO THE CONDOMINIUM ACT, CH 718 AND THE HOMEOWNER ASSOCIATION ACT, CH 720.  MANY OF THESE AMENDMENTS RESULT IN HUGE FEES AND COSTS TO ASSOCIATIONS AND THEIR MEMBERSHIP.

NONE OF THE AMENDMENTS OFFERS ANY MANDATORY EDUCTION FOR BOARD MEMBERS NOR DO THEY PROVIDE HOA OWNERS WITH ANY WAY TO ADDRESS BOARD ABUSES, SELECTIVE ENFORCEMENT, AND A PLETHORA OF OTHER VIOLATIONS BY BOARD MEMBERS.  LITIGATION REMAINS THE ONLY RECOURSE.

AS A RESULT OF LACK OF EDUCATION OF BOARD MEMBERS AND NO MEANS OF PROTECTING OWNERS' INVESTMENTS WE AGAIN FACE ANOTHER YEAR OF OWNERS HAVING NO PLACE TO FILE ANY GRIEVANCE. IN THIS ECONOMY THE FAILURE OF THE LEGISLATORS TO PROVIDE PROTECTION TO THOSE IN NEED IS UNCONSIONABLE.

PLEASE VISIT CCFJ.NET FOR INFORMATION ON CURRENT LAWSUITS, THEFT OF ASSOSCIATION FUNDS AND OTHER UNCONTROLLABLE ACTS.

WE REALLY NEED A RE-STRUCTURING OF THESE STATUTES TO MORE ACCURATELY REFLECT THE PURPOSE AND USE OF THE HOMEOWNER ASSOCIATION AS IT RELATES TO THE OWNERS LIVING IN SINGLE FAMILY HOMES, VILLAS AND TOWNHOMES.  RE-STRUCTURING WOULD INCLUDE PERHAPS, THE HIRING OF PAID PROFESSIONAL CORPORATE MANAGERS TO ACT AS THE BOARD OF DIRECTORS. 

WE UNDERSTAND THAT THIS IS THE SYSTEM IN PLACE IN EUROPE AND IT WORKS QUITE WELL. HOWEVER, BECAUSE OF THE DICTUM OF "CONTRACT RIGHTS" AND THE PURPORTED IMPAIRMENT OF THEM, THIS WILL NOT BE A CONSIDERATION BY THE LEGISLATURE. AT THIS TIME THE CONTRACT RIGHTS OF THOSE OWNERS UNDER THE AEGIS OF THE HOA HAVE BEEN IMPAIRED.  BASICALLY, UNLESS THE OWNER HAS UNLIMITED FUNDS TO SPEND ON LEGAL FEES AND COSTS OF LITIGATION THE "CONTRACT" BETWEEN THE OWNER AND THE ASSOCIATION IS UNENFORCEABLE.

SO, WHILE WE APPRECIATE THE EFFORTS OF OUR LEGISLATORS TO GIVE ALL PERSONS OWNING PROPERTY IN COMMON INTEREST REALTY COMMUNITIES THE SAME RIGHTS, IT APPEARS THAT WE ARE NOT EQUAL...BUT RATHER WE ARE SEPARATE.

THE SHEER NUMBERS OF UNITS CONSTRUCTED IN THE LAST TEN YEARS UNDER THE GOVERNANCE OF HOMEOWNERS' ASSOCIATIONS FAR EXCEED THE NUMBER OF CONDOMINIUM UNITS CONSTRUCTED DURING THAT PERIOD.  IT IS WELL KNOWN THAT CITIES AND COUNTIES PREFER, EVEN REQUIRE, THAT DEVELOPMENTS PROVIDE THEIR OWN ROADS AND INFRASTRUCTURE.  THEREFORE, IN FLORIDA THE LEGISLATURE HAS DETERMINED THAT HOMEOWNERS HAVE CONTRACT RIGHTS WHICH THEY WILL NOT "ABRIDGE" AND CONDOMINIUM AND COOPERATIVE OWNERS HAVE NO CONTRACT RIGHTS AND THEREFORE STATUTORY CHANGES MUST BE MADE ANNUALLY TO PROTECT THOSE LIVING IN CONDOMINIUM UNITS AND NOT THOSE LIVING IN MANDATORY ASSOCIATION GOVERNED COMMUNITIES.

FOR A COMPLETE REVIEW OF THE CURRENT STRUCTURE OF COMMON INTEREST COMMUNITIES AND THE NEEDED REFORMS PLEASE READ OUR E-BOOK MANUAL.