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Written by Eric M. Glazer · Florida attorney

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Featured image for Two Statutes, One State: Why Florida Polices Condos Like a Regulated Industry and Leaves HOAs Almost Entirely Alone

Two Statutes, One State: Why Florida Polices Condos Like a Regulated Industry and Leaves HOAs Almost Entirely Alone

If you own a condo in Florida, a state agency (The DBPR) can audit your association's books, subpoena your board, fine your directors, and remove them from office. If you own a home in an HOA, that same agency has no authority to investigate your board at all, even for identical misconduct. This isn't an…

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Featured image for HOW TO HANDLE AN HOA DISPUTE

HOW TO HANDLE AN HOA DISPUTE

Many HOA owners and board members make the same expensive mistake, they run straight to court. In Florida, that’s often legally wrong. Under Florida Statute 720.311, most HOA disputes must go through alternative dispute resolution before a lawsuit can begin. Skip that step and your case could be delayed,…

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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 SB 154 – PART FOUR – NEW LAWS

SB 154 – PART FOUR – NEW LAWS

CORRECTION: IN A PRIOR BLOG IT WAS NOTED THAT THE FLOOR AND FOUNDATION STILL NEEDS TO BE INCLUDED IN A STRUCTURAL RESERVE STUDY —– THEY DO NOT. SB 154 – is a long bill. Here are the final new laws: 1. The association shall provide for the maintenance, repair, and replacement of the condominium property for…

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Featured image for IT’S BETTER TO BE RICH

IT’S BETTER TO BE RICH

After litigating for 32 years here is what I learned for sure. When litigating, it’s better to be rich. I understand that may be obvious, but as the costs of litigation continue to rise, it’s a lesson that the average Joe needs to learn and learn quick. The bottom line is that it’s better to be rich…

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Featured image for TO ARBITRATE OR MEDIATE?

TO ARBITRATE OR MEDIATE?

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…

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Featured image for IT’S BACK TO SCHOOL TIME-PART 5

IT’S BACK TO SCHOOL TIME-PART 5

It’s the end of the summer. Millions of kids across our state have to suck it up and return to school. And if the kids have to endure school for the next ten months, all of you can endure a measly three hours. I’m talking of course about Condo and HOA Board Certification and Legal Update Course. There’s a…

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