February 1, 2024
William Paul Conley
13783 Deer Chase Pl
Jacksonville, FL 32224
904 526 9025
Representative Kiyan Michael
421 Third St N
Jacksonville Beach, FL 322250
Dear Representative Michael,
I write to you today with deep disappointment and strong
disapproval of Florida HB 173, which pertains to an act relating to
not-for-profit organizations that operate residential homeowners' associations.
This bill seeks to amend s. 720.303, F.S., by imposing requirements on
not-for-profit corporations operating residential homeowners' associations,
mandating that they donate or use at least 15% of the association's total
annual income to benefit the community in the county in which the community served
by the association is located, specifically in the case of Duval County.
Let me be unequivocal in my stance: this proposed legislation is
nothing short of a pure socialist approach and represents a misguided attempt
at wealth redistribution that infringes upon the rights and financial stability
of homeowners and their associations. In this letter, I will outline several
critical reasons why Florida HB 173 is an ill-conceived and detrimental idea.
Firstly, the notion of imposing a mandatory 15% donation or
utilization of annual income by homeowner associations is fundamentally flawed
and counterproductive. It is essential to recognize that homeowner associations
have already meticulously set their annual budgets for the year 2024, based on
the contributions agreed upon by their members. The sudden imposition of such a
significant financial burden would inevitably lead to financial distress,
forcing associations to operate outside their budgetary constraints.
This financial burden would be borne by homeowners, many of whom
may already be struggling to meet their current obligations. It is unreasonable
and unjust to expect homeowners, who have made careful financial plans based on
existing agreements, to bear the brunt of unexpected, government-mandated expenses.
Such a move would only serve to undermine the financial stability and
well-being of countless families within our communities.
Secondly, it is important to acknowledge that many residents
within these communities already contribute a substantial portion of their
income to charitable causes, be it through religious tithes or donations to
nonprofit organizations. The majority of homeowners in these associations are
compassionate individuals who voluntarily give their time and treasure to help
those in need within their communities.
Florida HB 173 effectively constitutes a forced tax, imposed by
the government, on individuals who may already be giving generously to
charities and causes they care about. This heavy-handed approach not only
burdens homeowners financially but also risks discouraging private charitable
giving, which has traditionally been an essential component of community
support. By imposing mandatory donations on homeowners, this bill undermines
the spirit of voluntary charity and individual choice, which should be upheld
and celebrated in our society.
Moreover, it is crucial to recognize that forcibly taking money
from homeowners through this legislation is not only economically misguided but
also deeply unpopular. Nobody likes to see their hard-earned money forcefully
extracted from them, especially when it is done without their consent or input.
If this bill were to pass, it would undoubtedly create a sense of anger and
frustration among homeowners that could lead to unexpected and undesirable
consequences.
One of the most significant flaws in Florida HB 173 is the lack of
specificity regarding the intended recipients of the mandatory donations. By
leaving this crucial aspect undefined, the bill places an enormous amount of
discretion in the hands of homeowner association boards. This lack of clarity
opens the door for associations to pick and choose their favorite charities or
causes, potentially leaving those organizations that truly need help without
any support.
Charities and nonprofits that have come to rely on individual
donations from within these communities may see their funding dry up as
homeowners perceive their contributions as fulfilled through increased
homeowner fees. This could lead to unintended consequences, causing financial
hardship for numerous charitable organizations and causing a ripple effect
throughout our community.
Additionally, religious institutions such as churches may
experience a decline in donations due to the perception that homeowners are
fulfilling their charitable obligations through this government-mandated
contribution. This could have a devastating impact on the ability of religious
organizations to provide vital services to our community members.
In summary, Florida HB 173 is a deeply flawed and misguided piece
of legislation that threatens the financial stability of homeowners and
homeowner associations, stifles voluntary charitable giving, and opens the door
for arbitrary decision-making by association boards. The consequences of
passing this bill would be felt by every household within these associations,
and the backlash against those who support it would be severe.
I implore you, Representative Michael, to stand against Florida HB
173. It is a bill that will ultimately harm the very people it aims to help and
disrupt the voluntary, charitable, and compassionate spirit that defines our
communities. If you choose to vote in favor of this bill, you should be
prepared to face the anger and frustration of your constituents, who will
remember your decision when the next election arrives.
In closing, I strongly urge you to reconsider your stance on this
bill and to vote against it. Let us find more equitable and voluntary ways to
support our communities and those in need, without resorting to government coercion
and redistribution of wealth. Our community deserves better than Florida HB
173.
Sincerely,
William Paul Conley
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