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Written by Eric M. Glazer · Florida attorney

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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 THE DBPR HAS LOTS OF NEW POWER – WILL THEY USE IT?

THE DBPR HAS LOTS OF NEW POWER – WILL THEY USE IT?

There has been lots of complaints over the years that when condominium owners bring their complaints to the DBPR and expect some help, the only thing they got in return was a letter that said the DBPR has no jurisdiction over the subject matter of their complaint. I actually watched a legislative hearing in…

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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 SOME OTHER NEW ASSOCIATION LAWS

SOME OTHER NEW ASSOCIATION LAWS

While not the ones that got the most attention, there were a few other bills that were signed into law by The Governor involving community associations: House Bill 59 was signed into law and it requires that Before October 1, 2024, an association shall provide a physical or digital copy of the association’s…

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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 CONDO RECORDS AND THE NEW CHECKLIST LAW

CONDO RECORDS AND THE NEW CHECKLIST LAW

Suppose you ask for access to certain condominium records, they are never given to you, but months later the association says they were? What do you do now? Well, for condominiums only The Florida Legislature attempts to address this issue in House Bill 1021 which goes into effect July 1st and says: In…

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Featured image for IF YOU DON’T HAVE THE STOMACH

IF YOU DON’T HAVE THE STOMACH

I’m thinking about that condo President, perhaps but not necessarily in a 55 and over community, who has been on the board for over 10 years. He or she has put in countless hours for the community and hasn’t been paid a dime. For the last decade, every day the residents of the community wave and say hello…

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Featured image for BIG CHANGES TO CONDO RECORD LAWS

BIG CHANGES TO CONDO RECORD LAWS

There were even changes this year to the laws involving condominium records. For example, Florida Statute 718.111(12) is being amended to state that the association’s accounting records must include, but are not limited to: All invoices, transaction receipts, or deposit slips that substantiate any receipt or…

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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 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 PARKING PRIMER

A PARKING PRIMER

So many of our condominiums were built in the days that it was basically unheard of for a family to own more than one automobile. Many homes didn’t even own one automobile. As a result, the laws were a lot different than they are today and allowed a building to be built with far less parking spots than…

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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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