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Written by Eric M. Glazer · Florida attorney

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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 FLORIDA LEGISLATURE CORRECTS FLAWED TERMINATION PROCESS

FLORIDA LEGISLATURE CORRECTS FLAWED TERMINATION PROCESS

When the foreclosure crisis was at its peak, developers were complaining that they were in effect stuck with numerous condominium projects that simply weren’t selling. They wanted the ability to at least try and save the project by converting it into a rental community instead of being forced to maintain it…

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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 WHO MAKES BETTER BOARD MEMBERS, MEN OR WOMEN?

WHO MAKES BETTER BOARD MEMBERS, MEN OR WOMEN?

Happy belated Father’s Day to all of the fathers out there who are reading the blog today. I hope yesterday was filled with fun and joy and you were surrounded by the ones that you love and the ones that love you. If you were, it’s a pretty good guess you were not at the monthly Board of Directors meeting.…

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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 THE LAWYERS V. THE MANAGERS --- SO WHO WON?

THE LAWYERS V. THE MANAGERS --- SO WHO WON?

The long awaited decision by The Florida Supreme Court is finally in regarding what a licensed community association can do, without being accused of practicing law without a license. The Florida Bar tried hard to curtail what community association managers can do without a license to practice law, while…

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Featured image for CHECK YOUR CHECKS

CHECK YOUR CHECKS

Many of you may have seen the news again this week concerning allegations that another licensed community association manager misappropriated over $220,000.00 from a condominium association in Hollywood. Click here if you missed it:…

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Featured image for MEMORIES OF MOTHER’S DAYS PAST

MEMORIES OF MOTHER’S DAYS PAST

Ahappy and healthy belated Mother’s Day to every mother reading today’s blog. Many of you already know that I grew up in a co-op in Brooklyn consisting of 4 buildings, each with 60 families. Mother’s Day I remember as something special. The weather was finally getting warmer. We would eat lunch or dinner…

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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 THE FIGHT FOR EVEN MORE OF YOUR MONEY

THE FIGHT FOR EVEN MORE OF YOUR MONEY

This year’s legislative session is boring to say the least, when it comes to pending community association legislation. There is one bill however, Senate Bill 736, which is generating a lot of noise. In sum, when someone is selling a home or a condo unit, it is imperative for the buyer to obtain what is…

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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 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 THE FLORIDA BUSINESS JUDGMENT RULE

THE FLORIDA BUSINESS JUDGMENT RULE

Last week, we spoke about how difficult it is to obtain personal liability against an individual director of a community association. The plaintiff would basically need to show a crime, fraud or self-dealing. What about when the directors make decisions that may ultimately be incorrect but were made in…

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