COULD THIS BE THE YEAR?

By Eric Glazer, Esq.

Published January 8, 2024

 

Letís just say that 2024 has gotten off on the right foot.  For those of you that have followed my career, you know how passionate I have been about mandatory education for condominium board members.  I have drafted legislation requiring mandatory board education several times.  Each time it would make it into a bill and for whatever reason, be removed from the bill at the very last moment.

 

One year, my mandatory education language passed the House, passed the Senate and was sitting on then Governor Scottís desk waiting to be signed.  The problem was that the education component was included in a larger bill that again kicked fire safety down the road.  While the bill was sitting on the Governorís desk, London, England had a terrible fire where many innocent lives were lost.  As a result, the timing was impossible for Governor Scott to waive fire safety requirements in our residential buildings and he vetoed the entire bill which included mandatory education.

 

That was then.  This is now.  Now, we unfortunately live in a post Surfside, post Champlain Towers world.  Over the last two years Florida condominium law has changed dramatically.  Mandatory building milestone inspections are now required. Mandatory reserve accounts are now required.  Structural Integrity Reserve Studies are now required.  Failure of condominium directors to comply with all of these new laws constitutes a breach of a directorís fiduciary duty owed to the owners. 

 

At this very moment, despite the fact that Florida has suffered the ultimate tragedy at Champlain Towers and the new condo laws are confusing to even the most experienced practitioners, you can still get certified as a director by signing that ridiculous form that states you read the governing docs and promise to enforce them.  As we know, you donít learn a thing about the new laws by simply signing that ridiculous form. 

 

Thatís where Senator Jennifer Bradley and Representative Vicki Lopez come in.  Senator Bradley has filed Senate Bill 1178 and Representative Lopez has filed House Bill 1021.  Each of these bills require condominium directors to both sign the affidavit indicating they have read the governing documents and take an educational course within ninety (90) days of getting elected.  Not only that, these bills require condominium directors to take a continuing education class each year that there is a change to the condominium statutes.

 

As you all know, I have always preached that education can and will save lives.  These bills, if passed, will do just that.  All I can say is that I am reminded again of the phrase, ďGood things come to those who wait.Ē  I just hope this is finally the year where the wait ends.

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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 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 airing at 11 a.m. each Sunday on 850 WFTL. Recently, he moved the show to YouTube, transforming it into a more dynamic and interactive experience. This move not only allows viewers to engage in live chats with Eric and other participants but also enables a broader audience to access free advice, making valuable insights more widely available.

See: www.condocrazeandhoas.com.

   

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.



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