IS THERE ANY HOPE FOR OUR HOA FRIENDS?

By Eric Glazer, Esq.

Published July 17, 2017

               To say that this was an active year for condo legislation is certainly an understatement.  A vigorous effort was made to combat shenanigans and outright criminal behavior by condo boards throughout the state.  As we know, the impetus for this action was a report by a Miami Dade Grand Jury which basically concluded that many condo boards in Dade County are corrupt in one way or another and the Department of Business and Professional Regulation has done little to nothing to help.

               As a result of the Grand Jury report, legislation was drafted, committee meetings were held in both The Florida House of Representatives and The Florida Senate, House Bill 1237 was passed and the bill was signed by Governor Scott.  It all happened relatively quickly.  Some legislation, like the new estoppel laws, take years to get through The Florida Legislature.  Not this new crime bill though.  In a few months, it was over from start to finish.  Apparently, the members of The Florida Legislature believed that condominium owners need the protection of these new laws right now.

               Itís a good thing owners living in HOAs donít need the same protection.  How lucky are HOA members that they all live in communities where election fraud and ballot tampering never occur, where all board members disclose all conflicts of interest, where no insiders have their family members make a buck off the association and where records requests are always answered lickety-split?  Itís just Shangri-La 24/7.

               The problem is that the news reports I read and cases I actually work on, often times make it seem like the problems in our condominium communities exist equally as much in our HOA communities.  Apparently, and you may not believe this, I understand that an occasional election is called into question in an HOA, a director has been known to gamble away the operating account, and records arenít provided in order to conceal evidence that the funds are now missing.

               Our Florida Legislators are smart enough to realize that it makes zero sense not to turn the condo crime bill into the HOA crime bill next year.  There simply is no justification for not doing so.  If they donít, it would necessarily mean that they believe HOAs simply are immune to the perils that face condo members.  I know they donít believe that.  They canít.  So have patience for another year.  And in the mean time, get on the phone, send e-mails and write letters to your representatives demanding the same respect your condo friends received.


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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 more than 2

decades and is the owner of Glazer and Associates, P.A. a seven attorney law firm with offices in Fort Lauderdale and Orlando and satellite offices in Naples, Fort Myers and Tampa.

 

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

   

See: www.condocrazeandhoas.com.

   

He is the first attorney in the State of Florida that designed a course that certifies condominium residents as eligible to serve on a condominium Board of Directors and has now certified more than 10,000 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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