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Written by Eric M. Glazer · Florida attorney

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Featured image for FLORIDA – FOR BETTER OR FOR WORSE

FLORIDA – FOR BETTER OR FOR WORSE

It’s hard for me to believe, but in July I will be a resident of Florida for 25 years, or more than half of my life. The change that has taken place in these 25 years is nothing short of dramatic. In terms of population, Florida has just leap-frogged New York State and jumped into 3rd place with over 19…

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Featured image for WHAT ‘S ON YOUR WISH LIST?

WHAT ‘S ON YOUR WISH LIST?

It’s been a pleasure meeting so many of you this past week, teaching the Condo Craze Board Certification Course at the PM-EXPO event in West Palm Beach and then at the Holiday Inn at Universal Studios. Even though we were unsuccessful this legislative session in accomplishing further H.O.A. reform, it was…

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Featured image for THE MOST CONFUSING CONDOMINIUM OF THEM ALL

THE MOST CONFUSING CONDOMINIUM OF THEM ALL

There are so many ways a developer can build a community: The developer can build separate buildings but record only one declaration of condominium that all units are governed by. In that case, there would be only one condominium and only one condominium association. The developer can build multiple…

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Featured image for GOVERNOR SCOTT………THE DEMOCRAT

GOVERNOR SCOTT………THE DEMOCRAT

Republicans always knock the Democrats for never actually solving a problem, but choosing instead to form a committee to investigate solutions that may one day hypothetically come up with the answer to the problem and which may ultimately and possibly be utilized in the future to solve the problem, after…

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Featured image for NEW GRAND JURY REPORT SAYS ALL IS WELL

NEW GRAND JURY REPORT SAYS ALL IS WELL

You may remember that about two years ago, a Miami Dade Grand Jury was convened to investigate condominiums and the DBPR. The findings were scary. The Grand Jury found condo crime was rampant and that The Department of Business and Professional Regulation was not part of the solution, but rather part of…

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Featured image for FINALLY A BILL TO PREVENT YOUR MONEY FROM GETTING STOLEN

FINALLY A BILL TO PREVENT YOUR MONEY FROM GETTING STOLEN

As many of you already know, each owner of a condominium unit pays $4.00 per year to the Department of Business and Professional Regulation, Division of Condominiums, Timeshares and Mobile Homes. The money is supposed to be spent helping to regulate and provide services to condominium unit owners throughout…

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Featured image for ANOTHER ATTEMPT BEING MADE TO PUT MONEY AHEAD OF SAFETY

ANOTHER ATTEMPT BEING MADE TO PUT MONEY AHEAD OF SAFETY

You may recall that two years ago, The House and the Senate passed legislation that would have allowed condominiums in excess of 75 in height to opt out of a mandatory engineered life safety system. Legislation already existed that allowed these condominiums to opt out of sprinkler requirements. Condos…

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Featured image for THE LEGISLATURE IS NOW IN SESSION

THE LEGISLATURE IS NOW IN SESSION

It’s that time of year again when The Florida Legislature convenes in order to debate and pass new laws. There’s always at least a few bills that have something to do with our Florida community associations. Over the next few weeks, we will discuss the bills that have been filed, track their progress and…

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Featured image for DO YOU HAVE THE RIGHT TO RENT YOUR UNIT? DEFINITELY MAYBE

DO YOU HAVE THE RIGHT TO RENT YOUR UNIT? DEFINITELY MAYBE

In Woodside Village Condominium Association, Inc. v. Jahren 806 So.2d 452 (Fla. 2002) The Florida Supreme Court heard the story of a unit owner who owned 4 units in a condominium and who basically lost the ability to rent those units because the unit owners voted to amend their declaration of condominium…

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Featured image for COLLECTIONS LAW UPDATE

COLLECTIONS LAW UPDATE

It seems as if the foreclosure crisis is certainly not as bad as it once was, even though Florida is still the worst state in the nation, with approximately one in every 346 homes in foreclosure. The percentage of delinquencies in our community associations are certainly down from where they were just a…

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Featured image for A SUCCESSFUL ANNUAL MEETING – PART TWO – CURBING THE VIOLENCE.

A SUCCESSFUL ANNUAL MEETING – PART TWO – CURBING THE VIOLENCE.

Afew weeks ago, we blogged about how to run a successful annual meeting. I not so jokingly said the best way to make the meeting run smoothly was to order food. Lots of it. I also made it clear not to serve liquor. I wasn’t joking about that either. As many of us know, liquor tends to fuel the emotions and…

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Featured image for COLLECTIONS LAW UPDATE

COLLECTIONS LAW UPDATE

The summer is here and in Florida that often times equates to lots and lots of empty condominium units because the owners have returned up north. Just because you leave your Florida condominium for a few months however does not mean that your responsibility to maintain your unit stops once you hit the…

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Featured image for DIRECTORS ARE IN THE CROSS HAIRS YET AGAIN

DIRECTORS ARE IN THE CROSS HAIRS YET AGAIN

Two years ago, you may remember that a Miami Dade Grand Jury issued a scathing report about condominium board members in Miami Dade County. In sum, the report concluded that they’re basically all a bunch of thieves who get on the board with evil intentions including purposely diverting the association’s…

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Featured image for SO WHAT ARE VESTED RIGHTS

SO WHAT ARE VESTED RIGHTS

Sometimes, a unit owner will take the position that the association can’t take certain action against them because they have “vested rights.” At least in their mind, the owner thinks that a certain right they have can’t be taken away from them, can’t be modified and can’t be messed with in any manner. Here…

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Featured image for THE RIGHT TO RENT – THERE’S MORE TO KNOW THAN YOU THINK

THE RIGHT TO RENT – THERE’S MORE TO KNOW THAN YOU THINK

The right to rent your unit has undergone some change over the years. It all started in a landmark case called Woodside v. Jahren which was ruled upon by The Florida Supreme Court in 2002. A condominium in Clearwater amended its declaration of condominium to suddenly prohibit the rental of your unit to no…

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Featured image for COMMUNITY ASSOCIATIONS --- IT’S TIME TO REPORT!

COMMUNITY ASSOCIATIONS --- IT’S TIME TO REPORT!

In the world of community associations, this is a pretty important time of year. In most associations, the fiscal year ends on December 31st. The condo, HOA and co-op statutes provide: Within 90 days after the end of the fiscal year, or annually on a date provided in the bylaws, the association shall…

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Featured image for SMILE ---- YOU’RE ON CANDID CAMERA

SMILE ---- YOU’RE ON CANDID CAMERA

In a post 9/11 world, big brother is watching us like never before. Walk into any business and you can bet you’re on camera being video taped. Same thing goes while walking down any city street for that matter. Indeed, many of us live in communities where there are security cameras all over the place…

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Featured image for MATERIAL ALTERATIONS CLARIFIED ---- MAYBE

MATERIAL ALTERATIONS CLARIFIED ---- MAYBE

Several years ago, our firm was involved in a lawsuit representing many condominium unit owners against their association, alleging that material alterations were made without a 75% vote of the unit owners before the material alterations were made. We alleged that the amount of the assessments for these…

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