By Eric Glazer, Esq.

Published July 1, 2013


Today is July 1st.  That means that all the new laws we fought so hard for take effect as of today.  Lots of changes happened this past legislative session.  Glazer and Associates, P.A. prepared our newsletter which details these changes in easy to read format.  For a copy, simply click here: Newsletter


On a day when we really celebrate all of these new laws that promote harmony and common sense in community associations, I also can't help but think that week after week, year after year, people complain that condos and HOA's are simply places where there are too many laws, too many rules and too many regulations.  In fact, the stereotype surrounding many of these Florida associations is that they are governed by rigid boards of directors who are sticklers for the rules and who lurk around the community looking for the slightest of violations so they can pounce the fining committee or the association's law firm on the unsuspecting poor unit owner.


Suppose for one year we decided to scrap the condo and HOA laws completely?  In fact, Boards wouldn't even have the right to make any rules and regulations and there would also be no laws preventing Board members from looting the association's operating and reserve funds.  Instead, we would all have to rely on each other to administer fair elections to decide who would be in charge.  We would have to completely trust the Board members not to steal because there would be no punishment.  We would also have to rely on the unit owners to voluntarily pay their monthly or quarterly assessments on time in order that the bills get paid, even though there would be no law that forces them to pay and no consequences whatsoever for non payment other than utilities to the community eventually being turned off.  We would also rely on the common sense and kindness of our neighbors to only use the common area swimming pools and exercise rooms at hours that don't annoy their fellow neighbors and appeal to their sense of reasonableness that they would keep the stereo and TV down in their unit. 


Of course we are all concerned about the appearance of the community, so even though there would be absolutely no means of enforcement, unit owners and homeowners would be politely asked to keep the appearance of their homes up.  The penalty for failing---none.  Parking rules and regulations would be tossed to the wind as well.  Park wherever you want --- but keep in mind that there is only one designated spot per unit so please don't park more than one car.  The penalty for bringing four cars --- none.


Of course you also wouldn't be entitled to get copies of the association's records.  If someone was keeping copies of those records and if they were kind enough to share those records with you, only then would you be able to get a copy.  And by the way……if the roof starts leaking and we need to fix it, we would simply ask that everyone voluntarily chips in to make the repairs because it's only fair.  If you don't contribute though --- there's not a thing that can be done to you.  We are simply relying on your generosity and sense of fairness. 


I can go on all day with these type of examples.  Of course, my point is that while people complain about community associations having too many laws, there's no question that without laws there would simply be chaos. 


On the other hand, some have suggested that all of these laws have now resulted in chaos.  Who is right? 

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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 is currently entering his 20th year as a Florida lawyer practicing

community association law and is the owner of Glazer and Associates, P.A. an eight attorney law firm in Orlando and Hollywood For the past two years Eric has been the host of Condo Craze and HOAs, a weekly one hour radio show on 850 WFTL. 



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 2,500 Floridians. He is certified as a Circuit Court Mediator by The Florida Supreme Court and has mediated dozens of disputes between associations and unit owners. Finally, he recently argued the Cohn v. Grand Condominium case before The Florida Supreme Court, which is perhaps the single most important association law case decided by the court in a decade. 

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