Eric Glazer, Esq.
Published April 29, 2019
My how we
love to gamble. For some, you don’t even have to leave the
community. Perhaps the most common form of gambling in our
condos and HOAs is running a Bingo game. Before starting bingo
in your community however, here’s what you need to know:
4) The right of a condominium association, a cooperative
association, a homeowners’ association as defined in s. 720.301,
a mobile home owners’ association, a group of residents of a
mobile home park as defined in chapter 723, or a group of
residents of a mobile home park or recreational vehicle park as
defined in chapter 513 to conduct bingo is conditioned upon the
return of the net proceeds from such games to players in the
form of prizes after having deducted the actual business
expenses for such games for articles designed for and essential
to the operation, conduct, and playing of bingo. Any net
proceeds remaining after paying prizes may be donated by the
association to a charitable, nonprofit, or veterans’
organization which is exempt from federal income tax under the
provisions of s. 501(c) of the Internal Revenue Code to be used
in such recipient organization’s charitable, civic, community,
benevolent, religious, or scholastic works or similar activities
or, in the alternative, such remaining proceeds shall be used as
specified in subsection (3).
Subsection 3 states:
(3) If an organization is not engaged in efforts of the type set
out above, (LIKE CONDOS AND HOAs) its right to conduct
bingo games hereunder is conditioned upon the return of all the
proceeds from such games to the players in the form of prizes.
If at the conclusion of play on any day during which a bingo
game is allowed to be played under this section there remain
proceeds which have not been paid out as prizes, the
organization conducting the game shall at the next scheduled day
of play conduct bingo games without any charge to the players
and shall continue to do so until the proceeds carried over from
the previous days played have been exhausted.
So unlike a casino where the house gets to keep the profits, it
doesn’t work that way in our community associations. No profits
shall be made. Next week we’ll talk about whether games like
mah-jong and poker are allowed in the clubhouse if played for
money. We’ll also talk about a gang of elderly mah-jong players
who were bothered by their local sheriff’s office.
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 more than 2
decades and is the owner of Glazer
and Associates, P.A. a seven attorney law firm with offices in
Fort Lauderdale and Orlando and satellite offices in Naples,
Fort Myers and Tampa.
Since 2009, Eric has been the host
of Condo Craze and HOAs, a weekly one hour radio show that airs
at noon each Sunday 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 10,000
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.