By Eric Glazer, Esq.

Published May 27, 2024


In 2011, I argued a case in front of The Supreme Court of Florida called Cohn v. The Grand Condominium.  Here’s a quick summary of the facts:


The Grand is a large condo building built in 1986 in Dade County.  The declaration of condominium was recorded in 1986.  It contains 1,200 units.  800 of the units are residential.  400 of the units are commercial.  Some of you may know this very large condominium.  The residential units are shared with hotel units and many stores for shopping.


Despite the fact that the residential units outnumber the commercial units, 800 to 400, the bylaws of The Grand allow the commercial unit owners to elect a majority of the Board of Directors.  Sounds unfair? Well, The Florida Legislature thought this was unfair too.  So, 19 years later, in 2005 The Florida Legislature passed a law that said despite what the governing documents say, if in a condominium, the residential units outnumber the commercial units, the residential unit owners get to elect a majority of the Board of Directors.


The commercial unit owners appealed and The Florida Supreme Court said that since this new law impaired the contractual voting rights of the commercial unit owners, it could only apply at The Grand if the declaration contained Kaufman  language or language which put the parties on notice that future changes to Florida Statute 718 (The Florida Condominium Act) would automatically apply at The Grand.  Unfortunately for the residential unit owners, the declaration for The Grand Condominium only adopted The Florida Condominium Act when the Declaration of Condominium was filed in 1986.  There was no “and as amended from time to time” language.  Therefore, the court held that as applied to The Grand Condominium, this statute would be unconstitutional there.


Now fast forward to 2024 and we have the case of Maureen Short v. Windhover Condominium 2024-00-4504.  In this case, the association argued that pursuant to Florida Statute 718.112 (2)(d)4.a   in order for a condominium election to be valid, only 20 % of the eligible voters must participate.   Windhover is a 132 unit condominium.  20% equals 26. However a “quorum” of owners would be 68.


The arbitrator ruled that because there was no “as amended from time” language in the original bylaws, and that voting rights are “substantive rights” the subsequent 20% law does not come into play and we need to look at the statutes that existed when the condominium was built in 1963!  The statutes that existed in 1963 said the election gets decided by the terms of the bylaws.  The bylaws required a quorum at the annual meetings in order to have an election, meaning persons entitled to cast a majority of the votes or 68!

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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 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.



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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