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Written by Eric M. Glazer · Florida attorney

Featured image for WELL WHAT ABOUT HOAs and WHAT DO WE DO ABOUT VOTER FRAUD?

WELL WHAT ABOUT HOAs and WHAT DO WE DO ABOUT VOTER FRAUD?

The three of us were certainly flattered by how many people read and participated in our blog discussion last week regarding The Miami Herald’s expose’ into condo fraud in South Florida. Those of you who live in HOAs must be wondering why the findings were limited to condominiums and not expanded to include…

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Featured image for HOW MUCH MORE PROOF DO YOU NEED?

HOW MUCH MORE PROOF DO YOU NEED?

Over the past week or two, The Miami Herald has been running a few articles about wrong doing in certain condominium associations in South Florida. The writer almost seems amazed that there are apparently ballots being cast with fake signatures and that in some condominiums voter turn-out exceeds 100%. Now…

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Featured image for SOME OTHER CONFUSING VOTING ISSUES

SOME OTHER CONFUSING VOTING ISSUES

Let’s pretend it’s the night of your annual meeting. It’s time to verify the signatures and count the ballots. Someone reminds the attorney not to count the votes of any owners who are more than 90 days delinquent. Are they right? Maybe…. I would first argue that without the Kaufman or “as amended from…

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Featured image for THE AS AMENDED FROM TIME TO TIME LANGUAGE REVISITED

THE AS AMENDED FROM TIME TO TIME LANGUAGE REVISITED

Last week we discussed how Board members can be removed from the Board for failing to pay their assessments. We also know that unit owners can be prevented from voting for failing to pay their assessments. They can also be banned from using portions of the common areas and can be prevented from running for…

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Featured image for ARE YOU QUALIFIED TO BE A BOARD MEMBER?

ARE YOU QUALIFIED TO BE A BOARD MEMBER?

We all know that there are no professional qualifications that are required in order to become a Board member. You don’t need any type of degree or license. You don’t need any prior experience of any kind in business. There are no tests to take. However, there are still some provisions of the Florida…

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Featured image for DO YOU STILL QUALIFY TO SERVE ON THE BOARD OF DIRECTORS

DO YOU STILL QUALIFY TO SERVE ON THE BOARD OF DIRECTORS

Last week we discussed the minimum requirements to serve on your Board of Directors. In sum, you can’t even run for the Board if you have a prior felony conviction unless your rights were restored, you can’t owe the association money, and you have to be the owner, not just married to the owner. Let’s assume…

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Featured image for LET'S CAUSE SOME CHAOS

LET'S CAUSE SOME CHAOS

It’s no secret that I always thought it was unfair that condominium owners had the protection of the DBPR in their corner while owners in an HOA did not. For a lousy $4.00 per unit per year, the DBPR provides condominium owners access to arbitrators, free forms, investigators, a question and answer hot…

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Featured image for CAN YOUR ASSOCIATION SAY “TAKE DOWN THAT SIGN?”

CAN YOUR ASSOCIATION SAY “TAKE DOWN THAT SIGN?”

What can be more American than exercising your First Amendment Free Speech rights to campaign and support the candidate of your choice by displaying one of their campaign signs on your front lawn or in your window? It’s almost unimaginable that in a country founded on the idea of political expression,…

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Featured image for CAN THEY REALLY TAKE MY HOME?

CAN THEY REALLY TAKE MY HOME?

It’s amazing how dangerously uninformed some people are. Over the years I have heard time and again owners of condominium units and homes in HOAs take the position that even if they don’t pay their assessments, it makes no difference because it’s their “homestead property” and “homestead property” is…

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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 DO I NEED A LAWYER AT MY ANNUAL MEETING?

DO I NEED A LAWYER AT MY ANNUAL MEETING?

Happy New Year to everyone. In the condo and HOA world, with a few exceptions, the new year certainly means one thing; the annual meeting is almost here. I’m often asked whether or not I recommend that an attorney be present at the annual meeting or if the association should simply allow the community…

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Featured image for TELL US ABOUT YOUR PRESIDENT

TELL US ABOUT YOUR PRESIDENT

The weekly blog has been dealing with a lot of tough issues lately. Whether or not birthdays of Lee and Davis should be state holidays, crime by board members, election fraud, crime by community association managers, etc. Today, let’s step back and have some fun instead. From now until November, 2016 we…

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Featured image for MERRY CHRISTMAS AND A HAPPY NEW YEAR

MERRY CHRISTMAS AND A HAPPY NEW YEAR

Jan, Darlys and I write a lot. We write 52 columns a year for the past several years. No doubt, that’s a lot of talk. While we have said a lot throughout this year, and voiced our opinions and provided our comments, we want to conclude the year on a different note. That is to simply say that we wish each…

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Featured image for SHOULD THE POLICE BE ATTENDING YOUR MEETINGS?

SHOULD THE POLICE BE ATTENDING YOUR MEETINGS?

Ihave been to some real nasty association meetings over the last 23 years. I’ve personally been cursed at, screamed at, yelled at and insulted. My wife can sometimes get that way. All kidding aside, I’ve attended meetings where control was totally lost and violence erupted. It happened more than once and…

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Featured image for IS IT TIME TO RE-THINK PAYMENT TO DIRECTORS?

IS IT TIME TO RE-THINK PAYMENT TO DIRECTORS?

It has been a long time since we blogged about whether or not officers and directors of our Florida community associations should get paid for their service to the community. I certainly don’t know if payment to directors would cut down on theft of association funds and get more people to participate in the…

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Featured image for DRONES IN YOUR COMMUNITY? DON'T FORGET TO DUCK

DRONES IN YOUR COMMUNITY? DON'T FORGET TO DUCK

As if there wasn’t enough to worry about in your condo or HOA, now we need to be concerned about flying objects that can take pictures of us while we are sitting in our back yard or even inside of our homes or condo units. About two years ago, a client of the firm called up and swore that a flying object was…

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Featured image for THE PITFALLS OF BORROWING MONEY

THE PITFALLS OF BORROWING MONEY

Two weeks ago, we made it clear that Florida community associations are allowed to borrow money absent a provision in the governing documents that would expressly prohibit it. But, just because you can borrow money doesn’t necessarily mean that you should. Many associations have an open line of credit with…

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