AND WHAT ABOUT HOAs?

By Eric Glazer, Esq.

Published July 29, 2024

 

When our blog was published last week about the new powers of the DBPR, some owners in HOAs really were appalled.  They still can’t believe that they can’t go to the DBPR for help but condominium owners are perhaps now getting all the help they need.

 

Florida Statute 720.302(2) states the following:

 

The Legislature recognizes that it is not in the best interest of homeowners’ associations or the individual association members thereof to create or impose a bureau or other agency of state government to regulate the affairs of homeowners’ associations. 

 

It certainly begs the question:  If having a bureau or other agency of the state regulating the affairs of a homeowner’s association is not in the best interest of homeowners ’associations, why is it in the best interest of condominium associations to have a bureau or other agency of the state regulating their affairs?

 

I’m sorry.  Do members of homeowner associations have the same questions and complaints as those that live in condominium associations?  If so, why do condos need to be regulated by the DBPR and HOAs don’t?

 

I cannot think of a logical reason why it should not be completely one way or the other.  If the Florida Legislature is against regulation by the DBPR of HOAs then how in the world can they demand regulation of condos by the DBPR?  I know this………apparently at the time of the collapse of The Champlain Towers, only one member of The Florida Legislature lived in a condominium.  Apparently, our legislators don’t want regulation in their HOAs.

 

I’m not debating whether the DBPR is necessary or not.  That’s not the point of this blog.  My point is that there is no argument you can make to me that would allow for only one type of these associations to be regulated and not the other.

 

Some HOA owners would love a DBPR they can go to.  Some may not want to pay the $4.00 per year and don’t want the help.  Condo owners feel the same way.

 

But why aren’t they treated the same?

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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.

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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