EVERYONE IS AN EXPERT
By
Eric Glazer, Esq.
Published August 9, 2021
Imagine a world where accountants can examine your heart and
give you an opinion regarding its condition and your life
expectancy. Suppose an auto mechanic can examine your kidneys
and liver and give his opinion on whether or not they are
healthy. Perhaps one day you can walk into my office and one of
the attorneys here can take your blood and talk to you about
your blood pressure, sugar and cholesterol. If this all sounds
crazy, it should. This is exactly how the health of our
buildings are determined. Not by qualified experts like
architects, engineers and general contractors, but by former cab
drivers, teachers, nurses and the like. Now these people may be
the absolute best in their trained professions, but they
certainly are not qualified to make a determination of the
condition of the condominium property and the life expectancy of
things like the roof, structure and electrical systems. Yet,
this is what is going on in Florida as we speak.
For about a two year period of time, condominiums were required
to have a reserve study performed by an architect or engineer.
But in 2010 Governor Charlie Crist signed a bill which repealed
that requirement. So since then, the reserve study analysis can
be performed by the butcher, baker and candle stick maker.
We all know that the analysis is a joke. If a new Board comes
in that wants to save money and decrease assessments, suddenly
the roof has a greater life expectancy than before. Somehow,
like fine wine, the roof got better with age. It’s a miracle!
The current law is dangerous on so many levels. It’s so obvious
that it would be insulting to all of you to even have to explain
further.
Next legislative session I urge all of you to contact your
legislators and demand that Florida Statute 718 be amended to
again require that reserve studies be performed by an architect
or engineer. Unless your Board has an architect or engineer
serving, the Board is simply not qualified to do the analysis.
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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 that airs at 11:00 a.m.
each Sunday on 850 WFTL.
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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