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Plain-English Florida condo and HOA law updates for owners, volunteer board members, managers, and everyone navigating community-association life.

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Written by Eric M. Glazer · Florida attorney

Featured image for DOES THE 8 YEAR RULE APPLY IN YOUR CONDOMINIUM?

DOES THE 8 YEAR RULE APPLY IN YOUR CONDOMINIUM?

Florida Statute 718.112(2)(d)2. states: A board member may not serve more than 8 consecutive years unless approved by an affirmative vote of unit owners representing two-thirds of all votes cast in the election or unless there are not enough eligible candidates to fill the vacancies on the board at the time…

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Featured image for IS CAMPAIGINING ALLOWED IN YOUR ASSOCIATION ELECTION?

IS CAMPAIGINING ALLOWED IN YOUR ASSOCIATION ELECTION?

Election season is approaching in community associations all across the state. We already learned that if the governing docs say “No signs” you can’t put out Trump or Biden signs on your property. But what about the people running for the Board in your own community? Can they at least campaign? Many…

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Featured image for DOES THE 8 YEAR RULE APPLY IN YOUR CONDOMINIUM?

DOES THE 8 YEAR RULE APPLY IN YOUR CONDOMINIUM?

In light of the death of Ruth Bader Ginsburg on Friday and the controversy surrounding filling the Supreme Court vacancy, I thought it best to discuss the procedures required by our laws when there is a vacancy on a condo or HOA board of directors. For condominiums and HOAs: Unless otherwise provided in…

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Featured image for IT’S BACK TO SCHOOL TIME-PART 5

IT’S BACK TO SCHOOL TIME-PART 5

It’s the end of the summer. Millions of kids across our state have to suck it up and return to school. And if the kids have to endure school for the next ten months, all of you can endure a measly three hours. I’m talking of course about Condo and HOA Board Certification and Legal Update Course. There’s a…

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Featured image for A LABOR DAY TRADITION CONTINUES-PART 3

A LABOR DAY TRADITION CONTINUES-PART 3

Dominic Devoted has been the President of Broken and Bruised Condo for as long as he cares to remember. He longs for Labor Day because he knows that even the condo trouble makers understand what Labor Day stands for. Even they know not to bother him on what should be the holiest of holy days for board…

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Featured image for MORE ABOUT COLLECTIONS

MORE ABOUT COLLECTIONS

As promised a few weeks back, we need to discuss some very interesting pitfalls associations sometimes fall into in the area of collections. In light of the fact that mortgage delinquencies are at an all-time high, rest assured that owners will in a short while begin falling behind on condo and HOA…

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Featured image for TAXES AND TAX RETURNS – WHAT YOU NEED TO KNOW

TAXES AND TAX RETURNS – WHAT YOU NEED TO KNOW

This year you can thank the Coronavirus for getting an extension on the filing of your tax return. We normally know tax day to be April 15th. This year it’s two days from now or July 15th. Here is one thing you need to know. All Florida community associations must file a federal tax return even though…

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Featured image for WAIT – IT GETS WORSE

WAIT – IT GETS WORSE

Irecently explained how lucky the banks are when they foreclose on a unit or a home and take back ownership. The law protects them, and despite how much the unpaid condo or HOA assessments are, the bank is only responsible for the lesser of one year of assessments or 1% of the mortgage. Many of you are…

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Featured image for FORECLOSURES AND WHY OUR CONDOS AND HOAs MAY BE IN TROUBLE

FORECLOSURES AND WHY OUR CONDOS AND HOAs MAY BE IN TROUBLE

So here is what you need to know in a nutshell: Mortgage defaults are soaring. In fact, homeowners stopped paying mortgages in record numbers in April. It was the largest one month increase ever recorded. Under Florida law, that spells financial disaster for our condos and HOAs. Keep this in mind as you…

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Featured image for CAN I FLY ANY FLAG

CAN I FLY ANY FLAG

In a few days it’s July 4th. Our country’s birthday. USA flags will be flying everywhere, even in our community associations and even if the Board in that association says take it down. With the political upheaval sweeping the country, this year I anticipate receiving complaint about owners or renters…

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Featured image for THE COLLECTION PROCESS–PART 1

THE COLLECTION PROCESS–PART 1

So this blog will discuss the collection process from the association’s perspective. It will tell you what the association must do if it wants to attempt to collect from an owner who is not paying their assessments. It does not tell you what to do if the bank already started foreclosure proceedings or if…

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Featured image for WE'RE STILL THE BESE OF THE BEST

WE'RE STILL THE BESE OF THE BEST

Sorry, but I’m just not interested this week about blogging about condos or HOAs. Not with the devastation I see on my TV. Not with the destruction I see to the city I grew up in. This week, we have larger, national issues to focus on. It simply bothers me when people post that our country is broken. No…

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Featured image for TO OPEN OR NOT TO OPEN

TO OPEN OR NOT TO OPEN

So things are coming back to normal little by little. Although, I still need a dam haircut. If I wait another week or two, I figure my dog and I can go together. To his groomer. The ”emergency powers” given to Boards of Directors expire today. The Governor is allowing public places to slowly re-open.…

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Featured image for BACK TO BUSINESS AS USUAL

BACK TO BUSINESS AS USUAL

On May 20th, 2020 the Secretary of the DBPR entered an Order putting an end to the Emergency Powers that were temporarily granted to directors and officers of community associations, effective June 1st, 2020. So what does that mean? It means, back to the strict requirements of the statutes regarding…

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Featured image for WOW – THINGS HAVE CERTAINLY CHANGED

WOW – THINGS HAVE CERTAINLY CHANGED

Iwas admitted to The Florida Bar in 1992. In nearly 30 years, it’s amazing how technology has and continues to change both my job as an attorney and yours, as officers and directors. On Thursday, I was a mediator, mediating a dispute between owners and their association. What usually takes place in several…

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Featured image for IT'S TIME FOR SOME NEW LEGISLATION

IT'S TIME FOR SOME NEW LEGISLATION

No doubt we have been in unchartered waters for the past few weeks now. Boards have been uncertain about how, when and where they can hold board meetings. Unit owners are upset that they have heard that their Board is actually having meetings that they cannot attend. Decisions are being made at meetings…

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Featured image for BINGO!

BINGO!

My how we love to gamble. For some, you don’t even have to leave the community. Perhaps the most common form of gambling in our condos and HOAs is running a Bingo game. Before starting bingo in your community however, here’s what you need to know: 4) The right of a condominium association, a cooperative…

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