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THANK YOU SENATOR ANNA MARIA RODRIGUEZ!
By
Eric Glazer, Esq.
Published October 18, 2021
A few weeks ago, I wrote a blog called It’s Time To Stop A True
Florida Farce. The blog spoke about the fact that members of
community association boards of directors can still get
certified without taking an educational class. Instead, they
can sign a rather silly piece of paper that states they have
read their governing documents and promise to enforce them.
What a joke.
I sent the column by e-mail to all Florida legislators, urging
them to change the law and make certification through education
mandatory. Senator Anna Maria Rodriguez asked me to send her my
proposed legislation. I did. I am happy and so proud to report
that Senator Rodriguez filed Senate Bill 394 mirroring my
proposed legislation.
There is no doubt that mandatory education will save the lives,
properties and money of the millions of people who live in
condominiums throughout the state. Florida would be the first
and only state to require a board member to take an educational
course. That would be an amazing bright spot for our state and
no doubt would lead other states to eventually adopt similar
requirements.
I had the pleasure of teaching my Condo Craze and HOAs Board
Certification class last week in Miami and Palm Beach to so many
people. I taught the importance of having reserve accounts,
having reserve studies done by qualified people and the danger
in completely waiving the funding of reserve accounts year after
year after year. Interestingly enough, when I asked the crowd
if the law should be changed to requiring at least some form of
reserves and having the reserve study done by experts, EVERYONE
RAISED THEIR HAND. People want to be safe. We learned a lot
after the Champlain Towers disaster.
Think about this. The Florida Legislature will no doubt make
some massive changes to Florida law in this regard. But if
members of the Board are not required to attend an educational
class, how in the world can they be expected to learn the new
laws. And by the way….I don’t want to hear the excused that
these classes are burdensome. They are offered on-line and they
are offered for free. Anyone who won’t devote a few hours a
year to learning the new condo laws does not deserve to be on
the board in the first place.
In any event, we owe a debt of gratitude to Senator Rodriguez
for her efforts in taking this matter seriously. Keep track of
Senate Bill 394 and urge your local House Member and Senator to
please support it. If I never get another piece of legislation
passed, this is the one that is nearest and dearest to my
heart. Education is the key to running a safe community.
Over a decade ago The Florida Legislature thought it was a good
idea for members of condo and HOA boards to become “certified.”
Sounds like a good idea. The problem is that the legislators
allowed for two ways to become certified. One way is by going
over to your computer and printing a form that is on the DBPR’s
website that basically says I read my governing documents and
promise to enforce them. You sign the form and you are now
certified. That’s it. That’s all you have to do. If you are a
director of a condo, the form does not require you to
acknowledge the existence of Florida Statute 718. If you are a
member of an HOA board the form does not require you to
acknowledge the existence of Florida Statute 720. The form is a
joke. The procedure is a joke and an embarrassment to The State
of Florida. In fact, many associations still have illegal
provisions in their governing documents. The current law
actually allows you to become certified if you promise to
enforce the illegal provisions in your governing documents.
As my kids go back to school today, I’m proud to say that the
second way of becoming certified is by taking a course approved
by the DBPR. As so many of you now, I am most proud of the fact
that I have certified over 20,000 board members throughout the
state. Better yet, the attendees love it. They learn about the
requirement to fund reserves, Kaufman language, access to
records, mandatory financial reporting, the role of the
community association manager, legal ways for the board members
to vote and hold meetings, preparation of budgets, the
importance and hierarchy of your governing documents, rule
making, actions of board members that constitute criminal
conduct, ways directors can be removed from the board, the
Marketable Record Title Act and the importance of preserving
your governing documents in an HOA, obligations to maintain
insurance, mandatory websites, material alterations, screening,
approval and denial of occupants AND SO MUCH MORE.
It is an insult to every director who has been certified by
taking a course to allow other directors the ability to get
certified by signing a stupid self-serving form. We are now
repeatedly learning the hard way throughout our state that lack
of knowledge can lead to catastrophic consequences in our
communities.
MANDATORY EDUCATION FOR BOARD MEMBERS CAN SAVE LIVES.
Florida has always led the way when it came to making community
association laws that the rest of the country follows. The
State of Florida has the opportunity to become the first state
in the country to require that directors become educated before
assuming the incredible responsibilities that come with being in
charge of our communities. There is no excuse any longer for a
Board member not to take an educational class. Many law firms,
like mine, teach the class on-line. A board member never even
has to leave his or her home in order to become certified.
I urge the members of The Florida Legislature to amend the
condominium, co-op and HOA statutes to remove the ability to
become “certified” by signing a form and instead require
attendance at an educational course. I already drafted the
proposed legislation and it’s ready to be filed. With all my
heart, I believe lives can be saved, financial disasters can be
avoided and it is in the best interest of the millions of
Floridians who live in a community association. Readers: please
contact your legislators if you agree.
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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 three decades and is the owner of
Glazer and Sachs, P.A. a five attorney law firm with
offices in Fort Lauderdale and Orlando.
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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 that airs at 11:00 a.m.
each Sunday on 850 WFTL.
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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