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Written by Eric M. Glazer · Florida attorney

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Featured image for TERMINATION: NOW YOU SHOULD BE SCARED TO DEATH OF IT

TERMINATION: NOW YOU SHOULD BE SCARED TO DEATH OF IT

Wow! How quickly things change. We’ve spoken about on the Condo Craze and HOAs show about a recent Miami case involving the Biscayne 21 Condominium, where its’ declaration of condominium stated that the condominium can only be terminated with a 100% vote of the owners. However, the declaration could be…

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Featured image for Sorry condo owners – it is what it is.

Sorry condo owners – it is what it is.

Even the possibility of The Florida Legislature going into Special Session in order to solve this alleged condo crisis is insane. You know why? Because our legislators had the guts to fix it two years ago after 98 innocent victims perished in a condominium building that was in a terribly poor, dangerous…

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Featured image for THE OTHER WAY TO TERMINATE THE CONDOMINIUM

THE OTHER WAY TO TERMINATE THE CONDOMINIUM

Last week in my blog, I discussed how developers attempt to buy enough units in order to vote to Terminate the condominium. By doing so, the developer files a plan of termination, and buys up all the units. We also spoke about the fact that in some condominiums, a vote of 100% of the owners may be required…

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Featured image for AND WHAT ABOUT HOAs?

AND WHAT ABOUT HOAs?

When our blog was published last week about the new powers of the DBPR, some owners in HOAs really were appalled. They still can’t believe that they can’t go to the DBPR for help but condominium owners are perhaps now getting all the help they need. Florida Statute 720.302(2) states the…

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Featured image for MANDATORY EDUCATION IS HERE AND SO ARE THE CLASSES

MANDATORY EDUCATION IS HERE AND SO ARE THE CLASSES

We fought long and we fought hard, but we got what we wanted; mandatory education for all condo board members and HOA board members. Now, all Board members of both condominiums and HOAs must become certified by both submitting a document stating you have read your governing documents and will comply with…

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Featured image for WHICH FLAG CAN YOU FLY?

WHICH FLAG CAN YOU FLY?

Ihope everyone had a great 4th of July long weekend. More than any other day of the year, it certainly is the day to fly the flag proudly. We all know that the statutes for both condos and HOAs state that owners may display a United States flag in a respectful way, and on certain other days, flags…

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Featured image for WAS ALL OF THIS FOR NOTHING?

WAS ALL OF THIS FOR NOTHING?

If there ever was a column that I hated to write, this is it! Last week I spoke about a case I argued before The Florida Supreme Court in 2011 called Cohn v. The Grand Condominium. In that case, the minority commercial unit owners at The Grand Condominium challenged a new Florida statute that took away…

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Featured image for SOME QUICK RULES ABOUT MAKING RULES

SOME QUICK RULES ABOUT MAKING RULES

Boards of Florida condominium associations and homeowner associations are allowed to make rules regarding use of the common areas, access to records, the right to speak at meetings,and in a few other areas. Here are a few rules regarding rules: 1. Rules must be reasonable: Rules have to have a valid…

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Featured image for NOW LET’S TALK ABOUT EDUCATION FOR CONDO BOARD MEMBERS

NOW LET’S TALK ABOUT EDUCATION FOR CONDO BOARD MEMBERS

Irecently blogged about the new statute requiring education for HOA Board Members. This week, let’s talk about mandatory education for condominium Board members. There is definitely a difference between the two. So here’s the new law……. 718.112(2)(d)4b – CONDOMINIUM DIRECTOR EDUCATION A director of a board…

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Featured image for FINALLY: EDUCATION IS REQUIRED FOR HOA BOARD MEMBERS

FINALLY: EDUCATION IS REQUIRED FOR HOA BOARD MEMBERS

I think everyone reading this knows how long and how hard I have fought for mandatory education for Board members. I always thought it was disgraceful to allow someone to get certified by signing a dumb form that says I read my governing documents and promise to enforce them. Finally, we have a change in…

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Featured image for House Bill 1203 - Continued

House Bill 1203 - Continued

FINANCIAL TRANSPARENCY If the unit owners elect to do so, they can vote for the association to prepare a lesser year-end statement than what is required by law. The law has changed and now states: An association may not prepare a lesser financial statement than what is required by law for consecutive fiscal…

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Featured image for WHEN LAW ENFORCEMENT WANTS THE ASSOCIATION’S RECORDS

WHEN LAW ENFORCEMENT WANTS THE ASSOCIATION’S RECORDS

An HOA here in South Florida recently fought the State Attorney’s Office tooth and nail when they attempted to obtain copies of the association’s official records. There’s no doubt that as a result of that one HOA, the following law was passed: HB 1203 Florida Statute 720.303 (i) If an association receives…

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Featured image for FROM NOW ON…...HOA DIRECTORS ARE ON THE RADAR AS WELL

FROM NOW ON…...HOA DIRECTORS ARE ON THE RADAR AS WELL

There’s no question that 2024 will be remembered as the year that both HOA and Condominium law were jolted. This week, let’s discuss how HOA directors can wind up behind bars. Here’s the new law in : 720.303(5) (d) Any director or member of the board or association or a community association manager who…

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Featured image for A GENERATOR BILL THAT IS LONG OVER DUE (Part 2)

A GENERATOR BILL THAT IS LONG OVER DUE (Part 2)

March 11, 2024 Until now there was no law in our Florida HOAs that would allow a home owner to install their own electrical generator with above ground or below ground gas tanks. Here we are, living in Florida with sometimes unbearable heat and humidity, we have a large elderly population, hurricanes…

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Featured image for SO WHAT AM I LEAVING OUT

SO WHAT AM I LEAVING OUT

So when I wrote my blog last week asking people what their problems are, I couldn’t help but think about all of the issues that can arise in a condominium or HOA. It’s almost endless. Here’s some issues that are routinely litigated or arbitrated:faulty elections, failure to hold meetings, failure to post…

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Featured image for HEY……………WHAT’S YOUR PROBLEM?

HEY……………WHAT’S YOUR PROBLEM?

Every week, Jan, Rafael and myself blog about the issues that affect all of you that live in community associations throughout our great state. Read in a vacuum, one would think that you would have to be nuts to want to live in one of these community associations where boards of directors have more control…

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Featured image for COMMUNITY ASSOCIATION MANAGERS ARE IN THE CROSSHAIRS- PART 2

COMMUNITY ASSOCIATION MANAGERS ARE IN THE CROSSHAIRS- PART 2

As I informed you last week, Representative Vicki Lopez, Senator Jennifer Bradley and Senator Jason Pizzo have filed companion bills HB1021 and SB1178 in The Florida House of Representatives and The Florida Senate that take aim at community association managers and community association management…

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