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IF YOU DON’T HAVE THE STOMACH
By
Eric Glazer, Esq.
Published May 13, 2024
I’m
thinking about that condo President, perhaps but not necessarily
in a 55 and over community, who has been on the board for over
10 years. He or she has put in countless hours for the
community and hasn’t been paid a dime. For the last decade,
every day the residents of the community wave and say hello and
thank g-d that he or she is handling the affairs of the
condominium and not them.
Over the
years, the assessments have gone up slightly each year, and
would agree that the President is doing his or her best to keep
the assessments down. They are thankful that they waived the
funding of reserves year after year. Things are generally good.
Well………….it’s time for that President to get ready. The mood in
the community is about to change, especially if the condominium
is 3 stories or more.
The
tragedy in Surfside at The Champlain Towers where 98 men, women
and children died in that horrible building collapse has changed
Florida condominium law forever. It’s about to get a lot more
expensive to live in a 3 story or higher condominium. Those who
don’t understand the law or don’t want to understand the law are
going to do the one thing they can do and know how to do ……blame
the board. Scream at the President. Disrupt Board meetings.
Make terrible accusations about stealing money. It’s all coming
Board members, so be aware!
What do
we know? Condominiums 3 stories or higher now have to go
through structural Milestone Inspections when the condo hits 30
years of age and every 10 years thereafter. In Dade and
Broward, height doesn’t even matter. In Miami-Dade condominiums
must go through electrical and structural “recertifications” if
the condo is 2,000 square feet. In Broward, the condominium
must go through “recertifications” of structural and electrical
if the building is 3,500 square feet. These inspections aren’t
cheap. But wait…..what happens if these inspectors (architects
or engineers) find structural or electrical problems in the
condominium(s)? Now it costs money to fix these problems.
Sometimes it’s a lot of money. A real lot of money.
Then we
move on to reserves. Condos three stories or higher have to
have mandatory full reserve funding starting with the 2026
budget. That’s really right around the corner. The first thing
that is required is an examination of the property by an
architect, engineer or a person with CAI credentials. This is
called a structural integrity reserve study which will include
many categories that the condominium will now have to reserve
for. This reserve study must be completed by December 31st,
2024. The amount to be reserved in the budget will no longer be
determined by the Board, but by the person who performed the
study. By the way……this reserve study is not free. If you have
not funded your reserve accounts over the years and have not
made repairs to the condo in a while, your new monthly payment
for mandatory reserves may be a shocking number. Again……it’s
the Board members who will get the blame. It always is.
So there
you have it. A quick break down of what lies ahead throughout
the state. If you’re a Board member who doesn’t have the
stomach to do what the law requires because you know the
fighting that will ensue in the community, now is the time to
step aside. You are thanked for the time you already put in.
Now is the time to have Board members who understand both what
the law requires of the condominium, the ability to follow
through on the law’s requirements, and the maturity and perhaps
compassion to stand there and take some abuse from the unit
owners. Their frustration will be obvious as the financial
costs to remain in their condominium continue to rise. Despite
the chaos, you must remain calm and level headed. It’s going to
be pretty difficult to be a condominium Board member over the
next few years. Are you up to the task?
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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 airing at 11 a.m. each Sunday on 850 WFTL. Recently,
he moved the show to YouTube, transforming it into a more
dynamic and interactive experience. This move not only 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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