WHY THE DIFFERENCES?
Eric Glazer, Esq.
Published October 31, 2022
At a time when it would make sense for the condo and HOA laws to
become easier to learn, they are becoming harder. Much has to
do with why in the world are there such differences between the
condo and HOA statutes? Itís actually ridiculous. For example:
In order to get access to the official records, why does the
condo statute allow access if the owner asks for access in
writing while the HOA statute requires the owner to request
access by certified mail return receipt requested?
Why does the condo statute require condos with 150 units or
more to have a website, while an HOA with 150 units or more
does not require a website?
Why does the HOA statute allow voting by proxy but the condo
statute doesnít and requires a very strict way of performing
Why do HOA documents expire after thirty years, but the
condo declaration never expires?
Why is competitive bidding required in a condo if the amount
at issue is 5% of the budget but competitive bidding is
required in an HOA if the amount at issue is 5% of the
Why in an HOA, if the owners amend the declaration to
prohibit rental terms of less than six months or 3 times in
a calendar year, that amendment applies to everyone, even
those who did not vote in favor of the amendment ----------
however that same amendment would not apply to those who
specifically did not vote in favor of the amendment in a
Why does the condo statute require a 75% vote of the owners
in order to make a material alteration, yet the HOA statute
does not mention material alterations?
Why as of January 1st, 2025 are condominiums
required to reserve funds for all portions of the common
elements but HOAs are not?
There are more, but you get the point. There are no reasons of
which Iím aware as to why these statutes are different for
condos and HOAs, yet they continue to exist. At a time when
itís confusing enough to learn the laws, The Florida Legislature
should amend the statutes so that the laws are the same and fair
across the Board, regardless of whether you live in a condo or
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.