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BACK TO BUSINESS AS USUAL
By
Eric Glazer, Esq.
Published June 15, 2020
On May 20th, 2020 the Secretary of the DBPR entered
an Order putting an end to the Emergency Powers that were
temporarily granted to directors and officers of community
associations, effective June 1st, 2020.
So what does that mean? It means, back to the strict
requirements of the statutes regarding meetings, notices, the
right to attend a meeting, the right to speak and the inability
of the board to vote by e-mail, a right the board never had in
the first place.
More importantly, here is what the new order does not mean:
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It does not mean that board members can’t appear by
electronic means at board meetings; they can.
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It does not mean that boards should not give unit owners the
right to attend and participate electronically at board and
unit owner meetings. They should.
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It does not mean that boards can ignore other orders that
may remain in effect regarding social distancing. They must
continue to follow such orders. So while normal meetings
must resume, seating accommodations need to be taken into
consideration.
In addition, you must now get your year end financial statements
for 2019 completed and made available to the owners.
Here’s my advice…………don’t go backward. Go forward a little
wiser. Many of you have learned to utilize amazing technology
that in some cases have allowed greater unit owner participation
than ever before. Why not continue using it, even though you no
longer have to? In fact, I anticipate legislation being filed
which is going to require use of this technology starting in
2021.
While portions of the emergency powers statute may have been
necessary, I am glad to see steps taken that takes us back to as
much transparency as possible.
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About
HOA & Condo Blog
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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
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decades and is the owner of Glazer
and Sachs, 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.
See:
www.condocrazeandhoas.com.
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.
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