IS THERE ANY HOPE FOR OUR HOA FRIENDS?
Eric Glazer, Esq.
Published July 17, 2017
To say that this was an active
year for condo legislation is certainly an understatement. A
vigorous effort was made to combat shenanigans and outright
criminal behavior by condo boards throughout the state. As we
know, the impetus for this action was a report by a Miami Dade
Grand Jury which basically concluded that many condo boards in
Dade County are corrupt in one way or another and the Department
of Business and Professional Regulation has done little to
nothing to help.
As a result of the Grand Jury
report, legislation was drafted, committee meetings were held in
both The Florida House of Representatives and The Florida
Senate, House Bill 1237 was passed and the bill was signed by
Governor Scott. It all happened relatively quickly. Some
legislation, like the new estoppel laws, take years to get
through The Florida Legislature. Not this new crime bill
though. In a few months, it was over from start to finish.
Apparently, the members of The Florida Legislature believed that
condominium owners need the protection of these new laws right
Itís a good thing owners
living in HOAs donít need the same protection. How lucky are
HOA members that they all live in communities where election
fraud and ballot tampering never occur, where all board members
disclose all conflicts of interest, where no insiders have their
family members make a buck off the association and where records
requests are always answered lickety-split? Itís just
The problem is that the news
reports I read and cases I actually work on, often times make it
seem like the problems in our condominium communities exist
equally as much in our HOA communities. Apparently, and you may
not believe this, I understand that an occasional election is
called into question in an HOA, a director has been known to
gamble away the operating account, and records arenít provided
in order to conceal evidence that the funds are now missing.
Our Florida Legislators are
smart enough to realize that it makes zero sense not to turn the
condo crime bill into the HOA crime bill next year. There
simply is no justification for not doing so. If they donít, it
would necessarily mean that they believe HOAs simply are immune
to the perils that face condo members. I know they donít
believe that. They canít. So have patience for another year.
And in the mean time, get on the phone, send e-mails and write
letters to your representatives demanding the same respect your
condo friends received.
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.