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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
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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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