Florida condo & HOA news
Plain-English Florida condo and HOA law updates for owners, volunteer board members, managers, and everyone navigating community-association life.
Read the latest articles ↓From the front lines
Written by Eric M. Glazer · Florida attorney
Even after the death of 98 innocent people at The Champlain Towers in Surfside, the fact is…….The Florida Legislature did not pass a single law regarding the need for more building inspections, mandatory funding of reserves, mandatory education for board members or anything whatsoever to prevent another…
Read: MAYBE IT’S TIME TO BRING BACK AND OLD LAW → Today, I feel sadness for the victims in Surfside and their families. I said a million times on the air and in columns that they did not die in vain. I swore that as a result of their deaths, The Florida Legislature would ensure that at least some forms of reserves would be mandatory, that inspections by…
Read: MY APOLOGIES TO THE FAMILIES OF THE VICTIMS → When I started practicing law in 1992, condominiums and HOAs had it a lot easier when it came to collecting their unpaid dues. If someone was thirty days late, you were able to file a lien on their home or unit right away. And if they didn’t pay within thirty days, foreclose on their unit. I don’t remember…
Read: IT’S GETTING TOUGHER TO COLLECT THOSE UNPAID ASSESSMENTS → It’s almost a dream, but a year ago things were certainly different in the condo world than they are today. I was dealing with fights about mandatory masks in the common areas, fights to re-open the pool and gym, meetings only being held by Zoom and all sorts of other issues all related of course to the…
Read: WHAT A DIFFERENCE A YEAR MAKES → Florida Statute states: 120.565 Declaratory statement by agencies.— (1) Any substantially affected person may seek a declaratory statement regarding an agency’s opinion as to the applicability of a statutory provision, or of any rule or order of the agency, as it applies to the petitioner’s particular set of…
Read: BEFORE YOU HIT THAT "SEND" BUTTON → As if condos didn’t have enough problems, Fannie Mae and Freddie Mac have just come out with new guidelines that condos must follow. Fannie Mae and Freddie Mac are government-sponsored agencies that purchase large quantities of home loans to keep money circulating throughout the home mortgage economy. They…
Read: IT MAY BECOME IMPOSSIBLE TO GET A NEW MORTGAGE IN MANY CONDOS → The Florida Legislature is in full swing. Each year lots of bills get filed, but few make it to the finish line and become law. Here’s an update on two bills that are moving towards becoming law: SB 394: This is my mandatory education bill, requiring directors to get certified by attending a course. Senator…
Read: LEGISLATIVE UPDATE → I mean no disrespect to anyone who suffered from Covid or who had a family member suffer from Covid over the last two years. My sympathies are with you wholeheartedly. However, in terms of having unit owners participate in the affairs of their communities by way of telephone or ZOOM, Covid was the kick start…
Read: SO DO WE NEED IN PERSON MEETINGS OR NOT? → Senator Anna Maria Rodriguez filed our mandatory condo education bill in Florida’s Senate. But if you think she’s done trying to change additional condominium laws, you would be very wrong. She also filed Senate Bill 274 which creates the Condominium Fraud Investigation Pilot Program. According to the bill…
Read: THERE MAY BE LOTS OF NEW SHERIFFS IN TOWN IF THIS BILL PASSES → Ifirst want to give you some good news. On the more broad scale, I want you to know that the listeners and viewers of this show, along with yours truly, really count in the eyes of The Florida Legislature. There have been many times when I drafted legislation and I asked each of you to call your local…
Read: WHERE WE ARE AT FOR THE MOMENT AND THANK YOU SENATOR BRADLEY → So, I get a call a few weeks ago from a reporter at The New York Times. He was doing a story about the incredible number of condominiums in Miami and how fast they were all built. How the entire skyline on the coast changed dramatically in the past 40 years or so and if it,s possible that The Champlain…
Read: HOW IN THE WORLD DID WE GET HERE? → I’ll tell you something – I give a lot of credit to Kathy Fernandez Rundle, The State Attorney for Miami-Dade County. She actually prosecutes cases of condo fraud, years ago she assembled a grand jury to make recommendations to the state legislature regarding condo crimes, kickbacks, conflicts of interest…
Read: ANOTHER STUNNING GRAND JURY REPORT ABOUT FLORIDA CONDOMINIUMS → After the financial crisis of 2007 and 2008, The Florida Legislature passed the “bulk buyer” statute. The purpose of the law was to get large companies to purchase a bulk of units in a condominium without being labeled as a “developer”. If you are a developer you may owe lots of responsibilities to the…
Read: DEVELOPERS BEWARE: YOU MIGHT NOT BE A "BULK BUYER" AFTER ALL → So all this talk about the Presidency lately has got me thinking about an issue that comes up every week in my practice for the past 30 years or so. I get a call from someone on a Board of Directors. And they tell me that they have a President on the Board who is a real dictator. He or she doesn’t listen to…
Read: WHEN THE PRESIDENT THINKS THEY’RE THE KING → This is such an important topic that is often times difficult to teach. In a nutshell however, assume the following: Your condominium or HOA was created in the year 2000. That was when your declaration of condominium or declaration of covenants was recorded. Your declaration only adopts The Florida…
Read: SUPPOSE YOUR DEC DOES NOT HAVE KAUFMAN LANGUAGE? → Prior to July 1st, 2021 if a condominium dispute arose, the parties were forced to first arbitrate the matter before the Department of Business and Professional Regulation. The law has now changed and reads as follows: (a) Before the institution of court litigation, a party to a dispute, other than an…
Read: TO ARBITRATE OR MEDIATE? → Idon’t envy Judge Michael Hanzman, the judge who is assigned to decide the fate of the property where The Champlain Towers South Condominium once stood. The question of what to do at this sacred site is not easy. Some families want no re-development and only a memorial. The City of Surfside needs to see…
Read: THE SITE OF THE CHAMPLAIN TOWERS NOT AN EASY TASK TO DECIDE WHAT TO DO → Afew weeks ago, I wrote a blog called It’s Time To Stop A True Florida Farce. The blog spoke about the fact that members of community association boards of directors can still get certified without taking an educational class. Instead, they can sign a rather silly piece of paper that states they have read…
Read: THANK YOU SENATOR ANNA MARIA RODRIGUEZ! →Read it. Then watch it.
