By
Eric Glazer, Esq.
Published
May 13, 2013
At the Condo Craze Live Radio Show last week, the issue
arose as to whether the negative connotations that some of our
condominiums and homeowner associations have, are blown out of
proportion. Some
attendees thought that there wasn't enough press coverage about
how bad things really are in our associations while others
thought that tales of board members looting the association's
funds and taking kickbacks for awarding contracts are extreme
exceptions to communities that are run by Board members who
serve without any compensation and solely out of a desire to do
good for their community.
So what's the truth?
The truth is, there are lots of people who get arrested
in various professions for violating the trust that others have
placed with them. It
seems like doctors get arrested for insurance fraud almost daily
here in
South Florida
. Police officers
get arrested for abusing their authority.
Teachers get arrested for sleeping with their students or
doing drugs with them. Building
officials get arrested for turning a blind eye to building
violations in exchange for a bribe.
And yes……even attorneys get arrested all too often
for looting trust accounts which contain their client's money.
Sure we hear stories every so often about Board members
stealing money. In
fact, that was one of the reasons Jan and I pushed so hard for
an HOA law that automatically kicks an HOA director off the
Board if they are arrested for stealing the association's funds.
We just didn't think it was right for the director to
continue to serve on the Board FROM PRISON.
I just don't think however that if we compare Board
members with other professions, there is more crimes being
committed by Board members in our community associations than
there are crimes being committed
by individuals in most other professions.
Some may argue however that because of unit owner apathy
in many communities, board members are simply not caught with
their hands in the cookie jar.
I'm not buying it. After
21 years of practicing community association law here in
Florida
, I'm still looking at community association boards through rose
colored glasses and believe that more than most Board members
have their heart in the right place.
I know lots of you will disagree with me on this one.
So let's hear it.
