ITíS TIME TO STOP A TRUE FLORIDA FARCE
Eric Glazer, Esq.
Published August 23, 2021
decade ago The Florida Legislature thought it was a good idea
for members of condo and HOA boards to become ďcertified.Ē
Sounds like a good idea. The problem is that the legislators
allowed for two ways to become certified. One way is by going
over to your computer and printing a form that is on the DBPRís
website that basically says I read my governing documents and
promise to enforce them. You sign the form and you are now
certified. Thatís it. Thatís all you have to do. If you are a
director of a condo, the form does not require you to
acknowledge the existence of Florida Statute 718. If you are a
member of an HOA board the form does not require you to
acknowledge the existence of Florida Statute 720. The form is a
joke. The procedure is a joke and an embarrassment to The State
of Florida. In fact, many associations still have illegal
provisions in their governing documents. The current law
actually allows you to become certified if you promise to
enforce the illegal provisions in your governing documents.
kids go back to school today, Iím proud to say that the second
way of becoming certified is by taking a course approved by the
DBPR. As so many of you now, I am most proud of the fact that I
have certified over 20,000 board members throughout the state.
Better yet, the attendees love it. They learn about the
requirement to fund reserves, Kaufman language, access to
records, mandatory financial reporting, the role of the
community association manager, legal ways for the board members
to vote and hold meetings, preparation of budgets, the
importance and hierarchy of your governing documents, rule
making, actions of board members that constitute criminal
conduct, ways directors can be removed from the board, the
Marketable Record Title Act and the importance of preserving
your governing documents in an HOA, obligations to maintain
insurance, mandatory websites, material alterations, screening,
approval and denial of occupants AND SO MUCH MORE.
It is an
insult to every director who has been certified by taking a
course to allow other directors the ability to get certified by
signing a stupid self-serving form. We are now repeatedly
learning the hard way throughout our state that lack of
knowledge can lead to catastrophic consequences in our
MANDATORY EDUCATION FOR BOARD MEMBERS CAN SAVE LIVES.
Florida has always led the way when it came to making community
association laws that the rest of the country follows. The
State of Florida has the opportunity to become the first state
in the country to require that directors become educated before
assuming the incredible responsibilities that come with being in
charge of our communities. There is no excuse any longer for a
Board member not to take an educational class. Many law firms,
like mine, teach the class on-line. A board member never even
has to leave his or her home in order to become certified.
the members of The Florida Legislature to amend the condominium,
co-op and HOA statutes to remove the ability to become
ďcertifiedĒ by signing a form and instead require attendance at
an educational course. I already drafted the proposed
legislation and itís ready to be filed. With all my heart, I
believe lives can be saved, financial disasters can be avoided
and it is in the best interest of the millions of Floridians who
live in a community association. Readers: please contact your
legislators if you agree.
HOA & Condo Blog
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.
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.