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Written by Eric M. Glazer · Florida attorney

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Featured image for NO QUORUM AT YOUR H.O.A. ANNUAL MEETING? IT MAY NOT MATTER

NO QUORUM AT YOUR H.O.A. ANNUAL MEETING? IT MAY NOT MATTER

Our firm won an interesting HOA election case two weeks ago in arbitration before the DBPR. I think the case makes for some good precedent here in Florida and deals with an issue that has been plaguing HOAs for all eternity. As we know, each and every year, we get complaints from people that live in HOAs…

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Featured image for SOME OTHER NEW LAWS THAT MAY OR MAY NOT APPLY IN YOUR ASSOCIATION

SOME OTHER NEW LAWS THAT MAY OR MAY NOT APPLY IN YOUR ASSOCIATION

We already blogged about a new law that will bring further chaos and confusion to the association election process, and that is the law that now allows voting via the internet if a plethora of conditions are met. The Florida Legislature passed some other association laws as well this year. Let’s see what…

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Featured image for ELECTRONIC VOTING – IS IT A SOLUTION OR A PROBLEM?

ELECTRONIC VOTING – IS IT A SOLUTION OR A PROBLEM?

On Friday, I had the pleasure of being invited to attend a meeting of many representatives from the Department of Business and Professional Regulation, including arbitrators and the Condominium Ombudsman. The purpose of the meeting was to hear from the public in regards to the new condominium statute that…

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Featured image for VOTING BY COMPUTER --- LET THE GAMES BEGIN

VOTING BY COMPUTER --- LET THE GAMES BEGIN

You have all heard the saying “If it ain’t broke, don’t fix it.” Apparently, The Florida Legislature overlooked this concept when it recently passed a bill which authorizes owners in community associations to vote by e-mail in their elections and for other unit owner votes. In condos, H.O.A.s and co-ops,…

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Featured image for HOW ONE ASSOCIATION LOST BIG BY FAILING TO UPDATE THEIR DOCS.

HOW ONE ASSOCIATION LOST BIG BY FAILING TO UPDATE THEIR DOCS.

Every now and then, the courts of our state issue an opinion in a case involving a condo or HOA that is very important and certainly worth mention. On June 1st, the 4th District Court of Appeals issued a decision in Pundit 2 Joint Venture v. Westwood Gardens HOA that does not bode too well for some…

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Featured image for THE FALLACY OF COMPETITIVE BIDDING

THE FALLACY OF COMPETITIVE BIDDING

Sometimes the exceptions to the rule swallow the rule, rendering the rule virtually meaningless. Mandatory competitive bidding is a fine example. The Florida Condominium Act provides: If a contract for the purchase, lease, or renting of materials or equipment, or for the provision of services, requires…

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Featured image for DID YOU CORRECTLY WAIVE YOUR RESERVES?

DID YOU CORRECTLY WAIVE YOUR RESERVES?

As the weather begins heating up, our thoughts inevitably turn to the hurricane season that we deal with each and every year. Associations all across the state hope and pray that they’re able to escape the wrath of a storm for another year and that luck remains on their side. They have their fingers…

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Featured image for A TALE OF TWO ELECTIONS-PART 2

A TALE OF TWO ELECTIONS-PART 2

This is a story about John and Jane. John lives in a condominium in Miami and Jane lines in an H.O.A. in Central Florida. Election season is approaching quickly in both of their communities. While it may seem at first glance that all things are equal…….that is certainly not the case. The election in John’s…

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Featured image for CONDO OWNERS – YOU SHOULD BE OUTRAGED

CONDO OWNERS – YOU SHOULD BE OUTRAGED

We often times blog about how a Board member or a manager stole a few thousand dollars from the association and how they should be prosecuted for it. If someone should be prosecuted for stealing a few thousand dollars, what should happen to the people that steal 16 million dollars from condo owners over the…

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Featured image for BOARD MEMBER APATHY

BOARD MEMBER APATHY

It seems like no matter how early, or on what day of the week we hold our Board Certification seminars for both condominium and HOA members, the classes are packed to the rafters. There’s often times complaints about communities going to hell because of unit owner apathy. When you see a room full of…

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Featured image for HALSEY WHO?

HALSEY WHO?

Last week’s blog spoke yet again about the rise in condo and HOA crime. It’s escalating and people are tired of it. The number of responses to the blog and “hits”were overwhelming. In fact, JanisLentz said: Help is on the way! The proposed FL House and Senate versions of HOA Reform 2015 bills… will…

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Featured image for Association crime is on the rise?

Association crime is on the rise?

We certainly blogged in the past about Board members and managers getting arrested for stealing association funds. I’m on record as previously saying that I didn’t think this area was more prone to arrests than say lawyers, doctors or politicians. I may have been wrong. I don’t know what’s going on, but…

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Featured image for BACK TO SCHOOL TIME-PART 1

BACK TO SCHOOL TIME-PART 1

It’s the end of the summer. I watched my kids suck it up this week, pack their school bags and head off to school to return for another year of learning. Millions of kids across our state did the exact same thing. And if they can do it five days a week for the next ten months, each of you can do it for a…

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Featured image for GETTING PERSONAL

GETTING PERSONAL

So you want to be on the Board of Directors. Did you ever wonder whether or not by being on the Board, you are subjecting yourself to loss of your personal assets should your association get sued. Unless you’re truly a bad guy or gal, you have little to worry about. Getting personal liability against an…

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Featured image for YOU MAY WANT TO WAIT BEFORE YOU LITIGATE

YOU MAY WANT TO WAIT BEFORE YOU LITIGATE

Funny how things work sometimes. Over the past 23 years, I have noticed an interesting pattern in Florida community associations. When money is tight and foreclosures are soaring, associations are far less likely to engage in litigation. Suddenly, nobody really cares what color someone painted their house…

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Featured image for FINALLY - A REMEDY THAT WORKS FOR ASSOCIATIONS

FINALLY - A REMEDY THAT WORKS FOR ASSOCIATIONS

Over the last several years, the issue of delinquencies in our Florida community associations became worse and worse. The more people didn’t pay, the more the good paying owners had to pay. The more bank foreclosures, the less the association was receiving in badly needed revenue. The real solution to the…

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Featured image for DON’T MAKE MISTAKES AT YOUR ELECTION

DON’T MAKE MISTAKES AT YOUR ELECTION

Here we go. It’s election time again in your community association. Year after year, we see some of the same mistakes, so let’s just review some of the laws and rules the too often get violated and may wind up causing your election to be deemed invalid in your condominium association. How many Board…

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Featured image for WISHING YOU A HAPPY AND HEALTHY HOLIDAY SEASON AND NEW YEAR

WISHING YOU A HAPPY AND HEALTHY HOLIDAY SEASON AND NEW YEAR

It’s true what they say……as you get older the years seem to go by quicker. This week, we stop and we take a moment to breathe. We are not blogging about any specific condo or HOA topic because the three bloggers need to do something much more important. And that is to thank each of you for continuing to…

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