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AND WHILE YOU’RE AT IT…. PLEASE FIX THE INSURANCE STATUTE

AND WHILE YOU’RE AT IT…. PLEASE FIX THE INSURANCE STATUTE

  • Posted: Sep 08, 2021
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No doubt some changes are on the way for condominiums as a result of the Surfside tragedy. The changes are long overdue. Here’s another long overdue change that is necessary..the condominium insurance statutes.

Suppose I told you that under Florida law, there is no absolute requirement that your condominium association insure the building(s). Sounds crazy right? Yet, here is what the law actually says:
d) An association controlled by unit owners operating as a residential condominium shall use its best efforts to obtain and maintain adequate property insurance to protect the association, the association property, the common elements, and the condominium property that must be insured by the association pursuant to this subsection.

What in the world does “best efforts” mean? Does it mean that “We made a few calls…..the premiums were too high…..so we forgot about getting insurance?” Is that using best efforts? Have you ever read such a contradictory statute? On the one hand it says the board must use its best efforts. On the other hand, the same statute says that the condominium property “must be insured.” Which is it?
Think for a second if Champlain Towers was not insured? The very thought of it sounds impossible, but it isn’t.
But wait…..it gets worse. Even if the property is insured the statute says:
The coverage must exclude all personal property within the unit or limited common elements, and floor, wall, and ceiling coverings, electrical fixtures, appliances, water heaters, water filters, built-in cabinets and countertops, and window treatments, including curtains, drapes, blinds, hardware, and similar window treatment components, or replacements of any of the foregoing which are located within the boundaries of the unit and serve only such unit. Such property and any insurance thereupon is the responsibility of the unit owner.

So, let’s say your condominium property is insured, but you did not purchase a separate HO-6 policy for your unit. All you get back is your four walls. That’s right, basically a shell.
What about flood insurance? Is that mandatory in Florida for your condominium? No, it isn’t. The association “may” purchase it.
Just to make things crystal clear for our esteemed legislators, at the moment there is absolutely no requirement to fund reserve accounts so that the money is there should major life threatening repairs become necessary. And to make matters worse, if a tragedy does befall the property and the owners, there’s not even a requirement that the building was to be insured.

This would almost be comical if it weren’t so sad. We live in a state that:
1. Every year gets hit with tropical storms and hurricanes;
2. Suffers sinkhole collapses;
3. Has thousands of buildings lining our coasts and the buildings take a beating from the salt water;
4. Does not require unit owners in a condominium to put away reserve funds should major repairs be necessary
5. Does not require associations to purchase insurance, but only use their “best efforts” which is undefined;
6. Is home to more senior citizens on fixed incomes than almost any other state in the country.

You do the math. When the special assessments start coming as a result of massive repairs that are required on our aging buildings, associations will look to save money elsewhere. Yes, many boards believe it or not will take the position that insurance is not necessary, or that despite their “best efforts” it is simply unaffordable. I have met boards like that already.
In the upcoming legislative session, The Florida Legislature has a real tough job on their hands. Passing laws that reflect the true cost of actually living in a condominium, and no longer giving unit owners and board members enough rope to hang themselves with.

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BOARDS ARE NOT POWERLESS WHEN IT COMES TO COVID By Eric Glazer, Esq.

BOARDS ARE NOT POWERLESS WHEN IT COMES TO COVID By Eric Glazer, Esq.

  • Posted: Aug 17, 2021
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BOARDS ARE NOT POWERLESS WHEN IT COMES TO COVID

By Eric Glazer, Esq.

It’s hard to believe that we have been dealing with COVID for a year and a half now.  It’s harder to believe that it looks like we will be dealing with it for at least another year and a half.  It’s a never ending nightmare with no end in sight apparently.  Who would ever have thought this could happen?

While we are constantly being told about social distancing, wearing masks, getting vaccinated and avoiding gatherings, as many of you know it is extremely difficult to mandate and practice these objectives in a condominium setting.  Now that the State of Emergency has been lifted (obviously too soon) it is even harder, because the Boards of Directors don’t have the emergency powers any longer.

So what do we do now?  Are Boards prohibited from making rules that protect the health, welfare and safety of the community in regards to COVID, simply because the emergency powers statute is no longer in play?  I say HELL NO.

Florida Statute 718.123 (for condominiums) states the following:

The entity or entities responsible for the operation of the common elements, common areas, and recreational facilities may adopt reasonable rules and regulations pertaining to the use of such common elements, common areas, and recreational facilities.

Florida Statute 720.304 (for HOAs) states the following:

The entity or entities responsible for the operation of the common areas and recreational facilities may adopt reasonable rules and regulations pertaining to the use of such common areas and recreational facilities.

In Hidden Harbour Estates, Inc. v. Norman, 309 So.2d 180, 181–82 (Fla. 4th DCA 1975), the court explained the unique character of condominium living which, for the good of the majority, restricts rights residents would otherwise have were they living in a private separate residence:

It appears to us that inherent in the condominium concept is the principle that to promote the health, happiness, and peace of mind of the majority of the unit owners since they are living in such close proximity and using facilities in common, each unit owner must give up a certain degree of freedom of choice which he might otherwise enjoy in separate, privately owned property. Condominium unit owners comprise a little democratic sub society of necessity more restrictive as it pertains to use of condominium property than may be existent outside the condominium organization.  Neuman v. Grandview At Emerald Hills, Inc., 861 So.2d 494, 497 (Fla.App. 4 Dist.,2003)

 

The statutory test for rules regarding the operation of the common elements of the condominium is reasonableness.  Neuman v. Grandview At Emerald Hills, Inc., 861 So.2d 494, 497 (Fla.App. 4 Dist.,2003)

There is no doubt in my mind that at this point in time, an association may continue to impose rules and regulations regarding the common elements that the association previously had in effect during the State of Emergency. I doubt highly that an arbitrator or judge would say that limitations on the number of people in the pool, elevator, clubhouse or exercise room during this pandemic is an unreasonable rule. I can’t imagine requiring masks in the common areas would be considered an unreasonable rule, especially when the CDC is recommending it. There are obviously other rules that absolutely may be considered reasonable, especially if you’re in a 55 and over community and the population is at great risk.

I’m getting calls from associations who are wondering if they are now powerless to take necessary precautions to avoid the spread of COVID. Again, the answer is you are not powerless and on the contrary, never lost your ability to continue to make reasonable rules to protect your community.

So what do you need to do? Put the proposed rule on an agenda for a properly noticed Board meeting. At the board meeting, make it extremely clear why the rule is being made. Put in on the record and in a resolution or motion that the Board is making this reasonable rule taking into account the health, welfare and safety of the community. Leave no doubt.

And if you’re wrong? I always say that it’s better to be tried by 12, than carried by 6.

 

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EVERYONE IS AN EXPERT By Eric Glazer, Esq.

EVERYONE IS AN EXPERT By Eric Glazer, Esq.

  • Posted: Aug 12, 2021
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EVERYONE IS AN EXPERT

By Eric Glazer, Esq.

 

I agree that a “reserve study” should be done by an accredited firm following the industry standard guidelines. We have used both Association Reserves and Reserve Advisors. The fact remains that both these and most other competent firms are in fact comprised of engineers and architects.

There is an larger issue in this: In a majority of cases, board members are qualified in NOTHING: Not in construction, not in finance, not in personnel management, etc. Which is why they should use a management company. And even so, how can they possibly assess the value of an opinion issued to them by a construction expert, a financial advisor etc…
Being a board member is a huge responsibility, and I always thought they should be qualified or certified before being admitted in a board.

 

Imagine a world where accountants can examine your heart and give you an opinion regarding its condition and your life expectancy.  Suppose an auto mechanic can examine your kidneys and liver and give his opinion on whether or not they are healthy.  Perhaps one day you can walk into my office and one of the attorneys here can take your blood and talk to you about your blood pressure, sugar and cholesterol.  If this all sounds crazy, it should.  This is exactly how the health of our buildings are determined.  Not by qualified experts like architects, engineers and general contractors, but by former cab drivers, teachers, nurses and the like.  Now these people may be the absolute best in their trained professions, but they certainly are not qualified to make a determination of the condition of the condominium property and the life expectancy of things like the roof, structure and electrical systems. Yet, this is what is going on in Florida as we speak.

For about a two year period of time, condominiums were required to have a reserve study performed by an architect or engineer.  But in 2010 Governor Charlie Crist signed a bill which repealed that requirement.  So since then, the reserve study analysis can be performed by the butcher, baker and candle stick maker.

We all know that the analysis is a joke.  If a new Board comes in that wants to save money and decrease assessments, suddenly the roof has a greater life expectancy than before.  Somehow, like fine wine, the roof got better with age.  It’s a miracle!

The current law is dangerous on so many levels.  It’s so obvious that it would be insulting to all of you to even have to explain further.

Next legislative session I urge all of you to contact your legislators and demand that Florida Statute 718 be amended to again require that reserve studies be performed by an architect or engineer.  Unless your Board has an architect or engineer serving, the Board is simply not qualified to do the analysis.

 

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JOIN US FOR A DOUBLE WEBINAR ON JULY 28TH, 2021.

JOIN US FOR A DOUBLE WEBINAR ON JULY 28TH, 2021.

  • Posted: Jul 14, 2021
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JOIN US FOR A DOUBLE WEBINAR ON JULY 28TH, 2021.

GREGG WALLICK WILL BE TEACHING ROOFING 101 AND WILL BE POINTING OUT DANGER SIGNS IN YOUR ROOF AND ANSWERING ALL OF YOUR QUESTIONS.

ATTORNEY ERIC GLAZER KNOWS THAT ASSOCIATIONS ARE MORE EAGER THAN EVER TO BEGIN MAKING REPAIRS, BUT WILL TEACH THE IMPORTANCE OF CONTRACT REVIEW BEFORE SIGNING ON THE DOTTED LINE.

TO REGISTER FOR THIS ON-LINE WEBINAR: CLICK HERE

I WARNED ABOUT THE DANGERS OF INADEQUATE RESERVES By Eric Glazer, Esq.

I WARNED ABOUT THE DANGERS OF INADEQUATE RESERVES By Eric Glazer, Esq.

  • Posted: Jul 12, 2021
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I WARNED ABOUT THE DANGERS OF INADEQUATE RESERVES

By Eric Glazer, Esq.

In May of 2018, at about the same time the engineer was advising Champlain Towers South that their building need millions and millions of dollars in repairs, I wrote about the dangers facing condominiums all over the state because of the ability for owners to opt out of funding reserve accounts. I implored The Florida Legislature to get tough when it comes to reserves and make them at least partially mandatory. We know that as a result of the tragedy in Surfside, now The Florida Legislature will be forced to look long and hard for the first time at making condominium residents across our state put money away for major expensive repairs, or continue to allow many associations to ignore the necessary repairs and keep kicking the can down the road.

I can tell you right now that lobbyists who represent developers and contractors will try to prevent new laws requiring developers to fund reserve accounts before turnover, and even the residents after turnover. Why? Because it will make it harder to sell condominium units if reserves are mandatory. That means monthly assessments will be higher and units may not sell so quickly. They will make arguments like the government should be less intrusive into the lives of our Florida condominium residents and If the residents don’t want to fund reserves they know the risk. Right. And cigarettes don’t cause cancer.

Today, I’m simply going to reprint, verbatim, my blog written in May, 2018 below. Your thoughts are welcome.

 

SHOULD RESERVES BE MANDATORY?

 

I hate beating around the bush, so I want to get to the point. A financial crisis is coming and it’s going to be a big one. It’s also going to hit those that can least afford it. It’s going to result in massive amounts of foreclosures. It’s going to result in countless cases of elderly persons being displaced from their homes. The worst part is, it’s absolutely avoidable but I don’t believe any legislator would ever have the courage to float a bill to save the pending disaster.

 

My last 24 hours made it clear to me what’s on the way. I was at a meeting last night in a 55 and over condominium that is about 40 years old. Elderly unit owners were complaining that the pipes are getting old, there are occasional leaks, and they sometimes have to come out of pocket a few hundred bucks in order to clean up the mess in their unit and/or repair that broken pipe. They are complaining about bills for a few hundred bucks and find it difficult to pay them because their sole income is social security.

 

To state the obvious, there is no reserve account. There never will be. Generally, senior citizens don’t believe in reserving funds for repairs that may be necessary a decade or two from now because they believe they won’t be here anyway. So, year after year goes by, decade after decade goes by and there is never a reserve fund to fall back on should a major repair become necessary. As I write this column, the season’s first storm is forming in the Gulf, and it’s still May. We all know what just one storm can do to the community’s finances. Even if we are lucky to escape this year, next year and the next five years without a hurricane or tropical storm coming, there is another storm coming that is simply unavoidable and definitely on its way.

 

Think of how much building has gone on in the past 50 years. It is staggering. But the buildings are getting older. As the buildings start to approach the 40 year mark or more, things start to break down and repairs become unavoidable. Concrete restoration is incredibly expensive, and unavoidable. Replacement of pipes is incredibly expensive, and unavoidable. And the same goes for electrical renovations and roof replacements. All unavoidable. Yet, so many people, especially seniors, are rolling the dice thinking that none of these repairs will be necessary while they own the property. That may be true for now, but eventually, everyone rolls a 7.

 

If you roll a 7 at the craps table however, you get up and go home. If you roll a 7 at the condo and all these repairs are necessary while you’re the owner, you may lose your home because year after year after year you decided to waive the funding of reserves and now you have nothing to fall back on.

 

So what’s the answer? I know this is going to sound unpopular, but if action is not taken now it’s going to result in much bigger problems of people losing their homes later on. So, like it or not, some form of reserves should be mandatory and not subject to being waived. There, I said it. Let’s streamline the way reserves are calculated. Let’s get rid of the “life expectancy” formula the state says you should follow but nobody does. It’s a joke anyway. We all know the truth that the life expectancy of the roof somehow gets longer, the closer you get to the original estimate of how long it was going to last. Five years ago it had a five year life expectancy. Money is tight, so today it has a new 10 year life expectancy. Somehow, like fine wine, the roof got better with age. We all know that happens, and it happens every day. So how about we make things simple. Let’s just say every condominium must contribute 10% of its annual budget to reserves for roof, plumbing, electrical, structural and painting. It all goes into one pot and it can be used for any repair necessary for those categories. It can’t be waived. If however an association wants to contribute more, they can.

 

If we implemented this, I’m guessing the average monthly increase for most condominiums that are not already reserving funds would be anywhere from $25.00 to $75.00 per month. I know that for some that increase is not easy. However, it’s going to be a lot more expensive if any one of these inevitable repairs become necessary and it’s time to pass a special assessment because there are no reserve funds. God forbid two of these items need repair. Sorry, but it’s still easier for a person on a fixed income to pay an extra 30 or 40 dollars per month than it is to come up with a special assessment of a few grand.

 

Mandatory reserves, for even modest amounts, is a necessary evil. I say so because I see the hand writing on the wall. I see buildings getting older and unavoidable repairs coming on strong. I also see hurricane seasons becoming active with the potential to cause catastrophic results to our communities. I see fear in the faces of senior citizens now when faced with small special assessments. What I don’t see is sound financial planning for the inevitable, and I don’t want to see people, especially the elderly, losing their homes when they don’t have the money to pony up and fix up their homes when a special assessment comes their way.

 

This year The Florida Legislature looked into the future and envisioned that in the next decade or so, we will all be driving electric cars. So, they bravely passed an electric vehicle statute to deal with that issue right now, before the issue got out of hand a decade from now. I’m asking them to do the same thing now and protect people from losing their homes over the next decade or two by ensuring the condo has a piggy bank to shake lose when massive expensive repairs become unavoidably necessary. Mandatory reserves are needed now.

 

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LET’S NOT FOCUS ON BLAME – AND FOCUS ON CHANGE INSTEAD By Eric Glazer, Esq.

LET’S NOT FOCUS ON BLAME – AND FOCUS ON CHANGE INSTEAD By Eric Glazer, Esq.

  • Posted: Jul 05, 2021
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LET’S NOT FOCUS ON BLAME – AND FOCUS ON CHANGE INSTEAD

By Eric Glazer, Esq.

Published July 7, 2021

 

As they say…hindsight is 20/20. The tragedy in Surfside rips your guts out. I had to go there and see it for myself. I did. I then walked over to the memorial and saw pictures of the victims, including little kids, entire families and you wonder how anything like this could have possibly happened. Immediately you want to blame someone. You want justice. You want someone to pay for what happened here. It’s only natural to feel that way. But we need to try to calm down and think this out rationally.

It all starts with the fact that there has NEVER been a building collapse like this that anyone is aware of, not only in Florida, but anywhere in the entire country. Think about that. This has never happened before. There is no precedence for this disaster. Did the Board members have engineering reports warning them that the concrete would deteriorate exponentially if not replaced? Yes they did. Were they told the building would collapse if they don’t immediately fix it? No, they weren’t. In fact, it appears that the Chief Building Official in Surfside actually attended a board meeting and told the community that the building was fine and not in any danger.

The Board no doubt figured that this massive project needs an intense amount of planning. The association needs to apply for a loan. The board needs to prepare for a special assessment. Engineers need to prepare a bid package. The right contractor has to be chosen. This does not happen overnight and it appears that the Board accomplished almost all of these things. Those of you who live in condominiums also know that those board members must have also been fighting intense pressure from many unit owners not to pass a $15,000,000.00 special assessment in the middle of the COVID pandemic no less! While I’m sure the Board members knew that the more time it takes, the more damage would occur and additional repairs would be needed, none of them thought for a moment that delay would result in the collapse of the building. If they did, some of them wouldn’t have been there when the building collapsed. Had the Board members been told by professionals that this building could collapse, then I would change my tune. But there is no evidence that they were told.

Going forward, rest assured that from now on when an engineer inspects a condominium building and observes concrete spalling, the report will indicate that the building may collapse if not repaired promptly. There is nothing to lose by placing that in a report from now on, but perhaps a lot to lose if you fail to place that in a report.

We tend to forget that the average Joe or Sally on a Board of Directors is not an engineer, general contractor or condominium or construction attorney. Many of them have no experience whatsoever in how buildings are constructed and maintained. All they can do is rely on what their experts are telling them. I don’t see any experts telling this board at the Champlain Towers South that this building may collapse. How then can they be expected to know that it would?

Again, this tragedy provokes an automatic impulse in all of us that somebody must be held accountable here. Somebody must pay. Some have even called for criminal prosecution of the Board. As many of you know, being a board member is a thankless job. On your best day, you are harassed, yelled and cursed at, and always second guessed. It’s hard enough to get volunteers to serve on the Board. If you are going to hold directors individually or criminally liable when accidents happen, even tragic accidents, that have never before happened anywhere in any building you are headed down a very dangerous path where it would not make sense for anyone to take the thankless board member position out of fear of losing their money or even their liberty. You would have to be nuts to volunteer.

So while we all want some justice here and some answers, I urge everyone to take the focus off of the Board for a moment. They are too easy a target and should not be made the scapegoat here. Maybe we need to ask why buildings on the ocean don’t have to pass an annual inspection every year by the county or municipality. Maybe we need to ask if there should be stricter scrutiny of buildings built before massive changes to the South Florida Building Code were made after Hurricane Andrew, like the Champlain Towers South. Maybe we need to ask why municipalities are now asking their Building Departments to inspect tall buildings, but never required it previously. Maybe we need to find out why the elevators have to pass an annual inspection but not the structure of the building itself. Maybe we need to find out why the first time a building gets inspected is at the 40 year recertification requirement and why that is only a requirement in Miami-Dade and Broward Counties. If you want to find someone or something to blame for this catastrophe, this is where I would start.

 

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A TRAGEDY WITH MORE QUESTIONS THAN ANSWERS By Eric Glazer, Esq.

A TRAGEDY WITH MORE QUESTIONS THAN ANSWERS By Eric Glazer, Esq.

  • Posted: Jun 29, 2021
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A TRAGEDY WITH MORE QUESTIONS THAN ANSWERS

By Eric Glazer, Esq.

Published June 28, 2021

 I was lucky enough to be on vacation the past two weeks.  On my last day, I woke up to the tragedy that was unfolding in Dade County as the Champlain Towers South Condominium came crashing down in Surfside.  There are still over 150 people missing or unaccounted for.  Before commenting on this devastation that will no doubt change the way Boards and counties and municipalities inspect condominiums going forward, let’s start by feeling terrible for the victims and families of this tragedy.  My heart truly goes out to them.

I’ve seen a lot of strange things happen in my legal career.  I’ve seen owners spray their unit with ammunition from an AK-47.  I’ve seen unit owners throw contents of an entire apartment over their 20 story balcony from roid rage, I’ve seen owners store dangerous toxic chemicals in their unit.  But, you know what I have never seen………..a building like the Champlain Towers simply collapse.  Sorry, I’ve never seen that before.  We have all seen buildings that collapsed after a terrorist attack and buildings that were destroyed by a hurricane.  But I don’t believe we have seen anything quite like what happened here.

So…….what the hell really happened?

Apparently, an Engineer gave the Board of Directors a report in October of 2018 that found “failed waterproofing is causing major damage to the concrete slab.  Failure to replace the waterproofing in the near future will cause the extent of the concrete deterioration to expand exponentially.”  The engineer recommended a very expensive but necessary process to correct this.  In the garage, there was evidence of cracking and spalling in the concrete columns, beams and walls —- with exposed rebar.  “Most of the concrete needs to be repaired in a timely fashion.  Clearly, the Board knew about structural defects that needed repair.  The question is, did those necessary repairs go unanswered and if so, was that the cause of this tragedy.  I am not blaming anyone for anything.  However, the lawyer in me tells me that buildings don’t just simply fall down without any warning signs whatsoever.  .  But here is what I want to know and see:

  1. Has the City or County previously notified the condominium about any structural defects?  If so when and how?
  2. Has any contractor or engineer notified the condominium about any structural defects?  If so, when and how?
  3. Has any engineer or contractor inspected the property or performed repairs on the property that could have caused damage that led to this disaster?
  4. Has any unit owner or the association made any material alterations to the property by removing any structural walls?
  5. Was the Board ever made aware that the structure of the building needed repair?  If so, when and how?
  6. Was the board aware that balconies were spalling and rebar was rusting?  If so, what did they know and when did they know it?
  7. Has the insurance carrier performed any inspections of the property and if so, when and what were the results?
  8. Has the County required a 40 year certification regarding the structural and electrical components of the building?  If so, what were the results?
  9. Was a reserve study performed on the condominium?  When?  What were the results?
  10. What bid packages were sent to contractors?  When were bids received?
  11. What follow-up was done by the association with the engineer of the 2018 report?
  12. What was discussed at Board meetings regarding the need for repairs to the structure?
  13. Were any owners complaining about damage in their unit or parking spots?

The results of reviewing these documents are crucial for several reasons and may lead to a need to review additional documentation.

In addition to their unit, many people at Champlain Towers South lost every piece of personal property they owned.  They lost all of their furniture, appliances, electronics, clothing, jewelry etc… If they did not have an HO-6 insurance policy, the only way they can get reimbursed for their loss is by proving negligence against the association.  The above documents will be crucial in knowing whether or not there was or was not negligence here. If there was, owners can sue the association for damages .  If there wasn’t, the owners suffered a total loss without a chance for recovering damages for their personal property.  And by the way…….just because the building exploded and people died does not relieve any of these owners from having to continue to pay their mortgages while now having to find a new home.  It is a tragedy on many levels.

As many of you know, in both Miami-Dade and Broward County, condominiums are required to undergo a 40 certification process whereby an engineer must attest that the building is structurally safe and electrically safe.  If you can believe it, it appears that the Carlisle was in its 40th year.  Apparently, there was a demand for certification by the county.

It would not surprise me if we see a change going forward, reducing the 40 year certification to 30 years or even less.  I think engineers are about to be busy.  I don’t think anyone in condominium buildings will ever turn a blind eye to cracks in the concrete that is so often done.

I pray for the families that have suffered a loss and/or still don’t know for sure if a loved one is among the rubble.  I also pray that the Boards of Directors of every condominium understand the immense power they have to potentially save lives by making sure the property is always safe and sound.  Too many times you hear about not being able to afford necessary repairs.  Too many times the can is kicked down the road.  The reserves are waived for the umpteenth year again and again and again.  I’m not saying that this definitely happened here at the Champlain Towers.  I am saying what I said at the top:  buildings just don’t fall down.  But every board everywhere has the solemn obligation to make sure something like this never happens again.

 

 

Condo Craze & HOA’s w/ Eric Glazer

Condo Craze & HOA’s w/ Eric Glazer

  • Posted: Jun 05, 2021
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Condo Craze & HOA’s w/ Eric Glazer

SUNDAYS 11AM-12PM

Eric Glazer graduated from the University of Miami School of Law in 1992 after receiving a B.A. from NYU. He has practiced community association law for more than 2 decades and is the owner of Glazer and Sachs, P.A. a five attorney law firm with offices in Fort Lauderdale and Orlando.

Eric is Board certified by The Florida Bar in Condominium and Planned Development Law and the first attorney in the State that designed a course that certifies both condominium and HOA residents as eligible to serve on a Board of Directors and has now certified more than 20,000 Floridians all across the state.

Mr. Glazer is certified as a Circuit Court Mediator by The Florida Supreme Court and has mediated dozens of disputes between associations and unit owners. Eric also devotes significant time to advancing legislation in the best interest of Florida community association members.

http://condocrazeandhoas.com/

 

ARE YOU SURE YOU CAN SCREEN EVERYONE WHO LIVES IN THE HOUSE?

ARE YOU SURE YOU CAN SCREEN EVERYONE WHO LIVES IN THE HOUSE?

  • Posted: Mar 30, 2021
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ARE YOU SURE YOU CAN SCREEN EVERYONE WHO LIVES IN THE HOUSE?

Glazer & Sachs, P.A.

I often times get phone calls from board members who are upset about the fact that some new owner went through the screening process, filled out the application, paid the fee and showed up for an interview. But it turns out that there are more people living in the unit than expected and none of them went through the screening process!  After all, doesn’t everybody who is going to live in the unit have to be screened and approved, except for children?

The screening, approval and denial process is often times complex.  As I always say, some boards think they have an inherent right to screen, approve and reject potential buyers and renters, simply because they are the board of directors.  They are wrong.

The ability to screen, approve and reject needs to be specifically granted to the Board of Directors in the governing documents.  For the sake of this discussion, let’s assume the docs have language that allows the board to screen, approve and reject potential buyers of a unit. Now, let’s assume that the buyer passes the background check with flying colors and is welcomed into the community.  A few days later, that buyer brings in her boyfriend, parents, nieces and nephews.  Do they have to be screened and approved?

In my nearly 30 years of practice, it is extremely rare that I find provisions of a declaration that would require everyone to be screened.  At best, the documents allow the “buyer” to be screened and approved.  In addition, there is always language in a declaration that basically says: “the unit is to be used as a single family residence by the owner, his or her family members, invitees and social guests.”  Reading all these provisions together, it is clear that once that buyer is approved, that buyer can bring in their family and guests into the condominium or HOA without any of them going through the screening and approval process. That’s right, a guy like Charles Manson may have just slipped through the cracks because your documents were not up to par.

And forget any argument that there really is not a “family” living in the unit when the occupants are unrelated.  The definition of “family” is broadly defined and really includes almost any people that are simply living together.

So, the tip for the day is……..if you want to ensure that every occupant who will be living in the home or unit is screened and approved, be clear and unambiguous about it in your governing documents.

Review your governing documents carefully and make sure they say what you think they say or want them to say.  And to be safe, get the advice of your association’s counsel so you don’t get sued for trying to kick someone out that has every right to stay.

 

BIG NEWS ABOUT Glazer and Sachs & Condo Craze and HOAs BLOG – View our new Website!

BIG NEWS ABOUT Glazer and Sachs & Condo Craze and HOAs BLOG – View our new Website!

  • Posted: Mar 22, 2021
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BIG NEWS ABOUT MY BLOGS! by Eric Glazer of Glazer & Sachs

As you know, I have been writing a blog 50 times per year for the last 10 years. That’s over 500 columns that have spoken about virtually every aspect of community association living. Our readers love it. The only complaint about the blog was that it was not searchable by topic. It was difficult to find a specific blog about a specific topic. Not any more!  From now on, by going to either the website for Glazer and Sachs,

Or, by going to the website for Condo Craze and HOAs, you can click on our BLOG link –type a few key words in the search bar- and find a blog about a topic of your choice. You also still have the option to scroll through all our blogs in chronological order.

It’s just another way our firm tries to make the law accessible and enjoyable to everyone with an interest in community association law, whether you’re a Board member, owner, manager or service provider. We hope you enjoy reading them half as much as we enjoy writing them.

 

View our New Website

 

 

 

 

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GET BOARD CERTIFIED AND FULFILL YOUR 2021 LEGAL UPDATE CREDITS! March 18th – 6:00 p.m.

GET BOARD CERTIFIED AND FULFILL YOUR 2021 LEGAL UPDATE CREDITS! March 18th – 6:00 p.m.

  • Posted: Mar 09, 2021
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GET BOARD CERTIFIED AND FULFILL YOUR 2021 LEGAL UPDATE CREDITS!

March 18th – 6:00 p.m.

 

GUEST SPEAKERS:
C.P.A. MARC GERSTLE
INSURANCE EXPERT: GREG WALTZ
L.C.A.M.: RAFAEL AQUINO
Managers: Our Course is now approved for Three 2021 Legal Update Credits.
Course Number: 9630640
CONDO AND HOA EDUCATION IS BACK! GET BOARD CERTIFIED FROM THE COMFORT OF YOUR OWN HOME.
REMEMBER, IF YOU DON’T GET CERTIFIED WITHIN 90 DAYS OF GETTING ON THE BOARD – YOU ARE OFF THE BOARD.
GET CERTIFIED BY TAKING OUR ON-LINE CLASS. WE HAVE CERTIFIED OVER 20,000 FLORIDIANS ALL ACROSS THE STATE. LEARN ALL ABOUT CERTIFICATION, THE AS AMENDED FROM TIME TO TIME LANGUAGE, BUDGETS, RESERVES, FLORIDA’S NEW EMOTIONAL SUPPORT ANIMAL LAWS, MANAGER DO’S AND DON’TS, SCREENING AND APPROVING, ACCESS TO RECORDS AND MUCH MUCH MORE.
NEXT CLASS:
MARCH 18th, 6:00 P.M.
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