BEFORE YOU GO BAD-MOUTHING YOUR BOARD

By Eric Glazer, Esq.  

Published February 10, 2025

 

I watched a video recently that was almost hard to believe. 

 

https://www.ccfj.net/VID/condoLeaveTurmoilVID.mp4 

 

The video was about a condominium in Sunrise.  They hired their own engineer who determined that the building was unsafe.  The city then red-tagged the building potentially forcing everyone out if proper shoring was not immediately installed.

 

The Board also is apparently passing a special assessment to make about 4.5 million dollars in repairs.  The residents are upset because only a few years ago there was a 3.5 million dollar assessment.  The residents want transparency and claim they are being duped.  Of course, they can’t explain exactly how.

 

Lots of people were very concerned that these new laws will lead to massive special assessments and when this much money sits in the bank, ultimately it will be stolen by a board member or manager.

 

First, in terms of transparency, these owners have the right to see where and how the previous 3.5 million dollar special assessment went.  They can ask for:

 

Bank statements showing where the funds were deposited and over what period of time were the funds spent;

  • Copies of all canceled check for that period;

  • Copies of any contracts and change orders showing exactly where and on what were these funds spent on;

  • Copies of any correspondence with any contractor or sub-contractor;

  • Copies of any contracts that were canceled and all change orders.

These owners have the right to know PRECISELY HOW THEIR MONEY WAS SPENT.  REMEMBER --- IT’S THEIR MONEY

 

If you’re worried your money will be stolen, Florida Statute 718.111 states: the association shall maintain insurance or fidelity bonding of all persons who control or disburse funds of the association. The insurance policy or fidelity bond must cover the maximum funds that will be in the custody of the association or its management agent at any one time.

 

If you want peace of mind, ask for a copy of this policy.  Don’t claim you’re in the dark and there’s no transparency if you don’t ask for anything – in writing.   

 

The association must provide access within ten (10) working days.

 

Now…………if these records don’t exist, or especially when the records show financial wrongdoing on behalf of a board member or manager, it may be time to go to the proper authorities, or an attorney. 

 

You have options when you feel like your money is being spent on things that you simply don’t see.  Ask questions.  In addition, Florida Statute 718.112 states:

 

Board of administration meetings.— In a residential condominium association of more than 10 units, the board of administration shall meet at least once each quarter. At least four times each year, the meeting agenda must include an opportunity for members to ask questions of the board.

 

As a result of these new laws, Board members are working harder than ever for the good of the community.  It’s unfair to say they are operating in the dark and that the owners are being duped.  If you want, you volunteer to take over the repairs including but not limited to selection of a contractor, reviewing reports, meetings with engineers, reviewing prices, paying the bills, overseeing the repairs and every other responsibility of being a board member.

 

Honestly, I wouldn’t want to do it.

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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 show airing at 7 p.m. each Thursday on YouTube. This show 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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