STOP THE CROWD FROM BLAMING THE BOARD

By Eric Glazer, Esq.

Published February 13, 2023

 

Many of the associations I represent are getting ahead of the curve and theyíre educating their owners about the expenses that are coming by having me show up at the condominium and put on a Power Point presentation showing precisely how these new laws came to be, including showing the actual vote by The Florida Legislature.

 

Itís a smart move by boards to have their counsel tell all the owners about all of these expenses that are coming, AND THAT THEY ARE MANDATED BY LAW AND ARE IN NO WAY SHAPE OR FORM CAUSED BY OR ARE THE FAULT OF THE BOARD OF DIRECTORS:  To remind everyone, hereís whatís coming:

 

1.      If you are a building of at least 75 feet in height, by December 31st, 2023 you need to have sprinklers installed or an engineered life safety system;

2.      Starting immediately, buildings that are at least 30 years old (25 years old if within 3 miles of the coast) need to complete a PHASE ONE study of the property by a Florida architect or engineer every ten years;

3.      If the PHASE ONE STUDY requires a PHASE TWO STUDY (and it will), the association must let the PHASE TWO architect or engineer inspect the property and make a list of all of the things that need repair in order for the building to be safe;  the association must then make all of the required repairs;)

4.      Starting on January 1st, 2025 the associationís budget must contain reserves for 10 different categories.

 

For those associations that never put away money for reserves, or never made repairs or put off the fire safety requirements, the amount you pay each month is about to go up dramatically.  Most associations will take out long term loans in order to pay for all of these new repairs. 

 

BOARD MEMBERS ARE WISE TO GET OUT IN FRONT OF THIS.  DONíT LET THE OWNERS BLAME YOU FOR WHAT IS ABOUT TO HAPPEN.  Donít let Board meetings turn into chaos.  One way of doing  this is by having the associationís counsel explain in simple terms that this is not the Boardís fault.  It is completely out of the Boardís hands.  In fact, the new laws say that if the Board members do not take these actions, it is a breach of their fiduciary duty.

 

Selling all of this to some unit owners is not going to be easy.  Boards who donít educate their owners will be accused of all kinds of wrongdoing.  Stop it before it starts.   Let your counsel do it for you. 

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About HOA & Condo Blog

Eric Glazer

Eric Glazer graduated from the University of Miami School of Law in 1992 after receiving a B.A. from NYU. He has practiced community association law for three decades and is the owner of Glazer and Sachs, P.A. a five attorney law firm with offices in Fort Lauderdale and Orlando.

Eric is Board Certified by The Florida Bar in Condominium and Planned Development Law.

 

Since 2009, Eric has been the host of Condo Craze and HOAs, a weekly one hour radio show that airs at 11:00 a.m. each Sunday on 850 WFTL.

   

See: www.condocrazeandhoas.com.

   

Eric is the first attorney in the State of Florida that designed a course that certifies condominium and HOA residents as eligible to serve on a Board of Directors and has now certified more than 20,000 Floridians all across the state. He is certified as a Circuit Court Mediator by The Florida Supreme Court and has mediated dozens of disputes between associations and unit owners. Eric also devotes significant time to advancing legislation in the best interest of Florida community association members.



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