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IF THERE EVER WAS A TIME TO GET EDUCATED – Update

IF THERE EVER WAS A TIME TO GET EDUCATED – Update

Update:  Eric Glazer, Esq.
Published October 10, 2022

Rumors of my demise have been greatly exaggerated.

I just spent a week in the hospital — again with kidney stone issues.  This is I believe the 5th time I needed some sort of surgery for this never ending painful problem.  I left the hospital with a tube coming out of my right side.  I still need a lithotripsy procedure.  That’s the one where you lay down in water and they zap your kidney stones hoping to break them up.  I’m guessing I have another week or two of this insanity.

I want to apologize to the wonderful people at the L&L Condo and HOA Expos.  As all of you know, I always attend all of their shows all around the state and have the honor of kicking off the event by doing my board certification course.  Unfortunately I won’t be able to attend the events In Palm Beach and in Broward.  I am desperately hoping to attend the events in Orlando and Tampa.  I think all of you know that I love nothing more than being with all of you, teaching you, and answering your questions.  It’s simply my favorite part of being an attorney.  It’s killing me that I can’t teach the classes that so many of you attend each and every year.  However, L&L will be finding another well qualified attorney from another law firm to teach and certify you.  I urge you to attend and continue to make the L&L shows the success that they always are.

I’m taking two weeks off from the radio show.  I expect to do the show October 16th — with or without a tube coming out of my side.  BY THE WAY……THAT’S THE SAME DAY I WILL BE ON 60 MINUTES — AS THEY ARE DOING A SHOW ABOUT WHETHER OR NOT GRANDMA AND GRANDPA CAN STILL MOVE TO A FLORIDA CONDOMINIUM IF THEIR SOLE INCOME IS SOCIAL SECURITY.  I think we all know the answer.   This really should be an amazing show which shines the spotlight on Florida condominiums but truly needs to be watched by the entire country as every state better follow Florida’s lead when it comes to mandating safety.

In any event, I hope to be back at my desk in a week or two and look forward to speaking with all of you again.  In the mean time, please get in touch with Rich, Pennie or Paul if you need immediate help.

PS: The nurse told me that the epidural was not invented to relieve pain from child birth.  It was invented to relieve pain from kidney stones!

 

We know everyone is wishing Eric Glazer a full recovery and well wishes.  Ouch

 

In light of the tragedy at The Champlain Towers in Surfside last year, The Florida Legislature, to its credit, passed massive condominium reform regarding safety, inspections and reserves.  These laws are confusing to those who work in the industry every day, never mind to those who serve on condo Boards throughout the state.

 

Stay up to date with the new law -FLORIDA BUILDING INSPECTIONS (SB-4D)

Florida Condo Building Inspections (SB4d)

http://FLBuildingInspections.com  a division of SFPMA

The State of Florida Property Management Association with Legal & Engineering Members are here to help you understand the new laws and how to take the correct action now to ensure you are in full compliance. 

 

The Florida Legislature thought that it was so important for condo boards to enforce these laws that they included a provision which considers a breach of these laws a breach of the director’s fiduciary duty.  Imagine, personal liability can be imposed against a director who fails to enforce these new laws.

Once again, I drafted legislation which would require Board members to learn these new laws in order to get certified and once again this requirement was removed from the statute.  It’s hard to believe, but The Florida Legislature drafted a law which imposes personal liability against those directors who fail to follow these new laws yet removed the requirement to learn these new laws.  In any event, I will again try to make learning these new laws a condition of becoming certified in the next legislative session.

As far as condominium Board members go…….there can be no more important time than the present to learn these new laws.  They are designed to keep you and your fellow unit owners alive.

Don’t dare get certified by signing that dumb, silly form that says I read my governing docs and promise to enforce them.  Even if you read your governing documents from cover to cover, you still wouldn’t learn any of the new condo laws.  What a disgrace that you can still become certified this way.

I am teaching at the following times and locations this month.  It is more imperative than ever to attend an educational course.  In fact, if you don’t learn the new laws and don’t apply the new laws on your condo board, you can face personal liability.  Moreover, any condo Board member who can’t find a few hours to take an educational course is not worthy of a single vote.  So what do you say?  Please register for any of the free following Condo Craze and HOAs Board Certification Classes offered around the state

Find the Condo & HOA Event Dates

 

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Roof Maxx of N Fort Lauderdale, FL

Roof Maxx of N Fort Lauderdale, FL

Roof Maxx of N Fort Lauderdale, FL

Contact Mark at (954) 493-0003 or mcucharale@roofmaxx.com

The daily beating of the sun on an asphalt shingle roof bakes at a quicker rate than the same roof type in northern states. I want my customers to understand that the demise of this asphalt shingles is “dry” and “brittleness.” The best and easiest way to explain it to you is the “burnt toast” analogy. If you take a fresh slice of bread and leave it in the toaster for too long, it will come out black and burnt. If you bend it, it will crunch or break in half. Now if you spread butter on that same piece of toast and let it sit for 20-30 minutes, you would be able to bend it without breaking in half. Very simple to understand. This is the condition of your asphalt shingle. You will pay more money for a roof replacement, more frequently, because less asphalt is used in the shingle.
Insurance has been difficult with homeowners here in the Tri-County area and it was tougher to sell the service here because of that. Now that SB-2D was passed into law (May 2022) by the Florida state legislators, we now have a much better opportunity to help those older roofs qualify for at least FIVE more years of life (if not longer), thus helping those property owners save their money and their roofs.
We won’t do repairs because of our limits with state licensing, but we offer minor maintenance, such as painting rusted vents, caulking some exposed nail heads, which are common, or replacing a missing shingle tab or two. This roof tune-up is a $499 value, usually done as a courtesy if a Roof Maxx treatment is done with us. We also offer discounts on such things as seniors, veterans and civil employees (like police and fire or first responders). We also give discounts to repeat customers and discounts base on volume (like commercial jobs).
Contact Mark at (954) 493-0003 or mcucharale@roofmaxx.com
View our Members Page on sfpma.
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Schedule Your Fall Fish Stocking Discover the benefits of professional fall fish stocking and how to set your fishery up for success.

Schedule Your Fall Fish Stocking Discover the benefits of professional fall fish stocking and how to set your fishery up for success.

Schedule Your Fall Fish Stocking

Discover the benefits of professional fall fish stocking and how to set your fishery up for success.

Are you ready to build a community fishery or grow trophy fish in your private lake? Fish stocking is an important step of fisheries management. Fall is an excellent time to stock your lake. Learn how strategic fish stocking can help you build your dream fishery!

BOOK YOUR FISH STOCKING

Why a Professional Is Needed for Fish Stocking

A diverse and productive fish population is essential to creating an ecologically balanced lake or pond. Fish stocking has clear benefits – from plant and mosquito management to exciting fishing opportunities – but many property owners are unaware of the sheer number of fish species to choose from, making it very easy to get confused.

There is more to fish stocking than the act of adding fish to a pond. Rushing the process by stocking the wrong fish, or doing so at the wrong time, can result in unhealthy population conditions and ecosystems. A key part of lake and pond management is making sure the fish population is well-balanced and best equipped to help achieve your specific goals for the aquatic ecosystem. That’s where a professional comes in.

Each body of water is different, so there are no one-size-fits-all solutions. A customized plan created by experts will ensure that your lake or pond has the right fish population to endure its health and your continued enjoyment. Based on the state of the ecosystem in your lake or pond, a professional will recommend whether or not you should add fish, what species are best suited for your waterbody, what time of year to stock, and how many.

SOLitude Lake Management | Proudly Serving Clients Nationwide

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Maus Law Firm is devoted to assisting people with insurance claims.

Maus Law Firm is devoted to assisting people with insurance claims.

  • Posted: Aug 31, 2022
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Maus Law Firm is devoted to assisting people with insurance claims.

Our Fort Lauderdale attorneys handle claims involving accidents and injuries as well as property damage.

 

Homeowner Condo and Business, Property Damage Claims and Personal Injury Claims.

A home or office building is the most significant purchase most of us will make during our lifetime. Most of us buy insurance coverage – windstorm, liability, flood, homeowners, and business interruption – to protect our homes and businesses. Yet, today’s insurance policies are lengthy, complex contracts full of exceptions, exclusions, deductibles, and conditions that make the policy difficult to read, and sometimes even more difficult to recover from for your damage.

The Maus Law Firm has the best attorneys to handle property damage claims. These are just a few of the questions you may deal with after suffering a house water damage claim, plumbing backup, or a broken pipe above your condominium unit:

In addition to these questions, there are several different types of policies offered by homeowner insurance companies that contain various types of coverage. There is a policy used for owner occupied properties, one for properties that are rented out, and yet another type policy used for condo units. Where do you turn to get help?

The Maus Law Firm has been successfully handling insurance related claims since 1993. The Firm is “AV” rated by Martindale Hubbell, the highest ranking for legal ability and ethics. The Maus Law Firm has been recognized continuously since 2011 by Florida Trend Magazine’s “Legal Elite” ranking, and named a “SuperLawer” by West Thompson Publishing. The attorneys at The Maus Law Firm will competently and aggressively represent you in your homeowner property damage insurance claim, or commercial business insurance claim.

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OTHER NEW CONDO LAWS TO KNOW – PART ONE

OTHER NEW CONDO LAWS TO KNOW – PART ONE

  • Posted: Jul 26, 2022
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SOME OTHER NEW LAWS CONDOS MUST FOLLOW – PART ONE

By Eric Glazer, Esq.

We all know by now the myriad of new safety laws condos that are 3 stories or more are required to follow.  They include mandatory fire sprinklers or an engineered life safety system (for buildings 75 feet or higher only), a Phase One Milestone Inspection after 30 years and every ten years thereafter (25 years if the building is on the coast), a likely Phase Two Inspection which will result in required repairs to the structure and of course structural integrity reserve studies performed by an architect or engineer and the mandatory full funding of reserve accounts.

There’s actually more to know.

OFFICIAL RECORDS TO INCLUDE  AND BE POSTED ON THE ASSOCIATION’S WEBSITE:

  1. All audits, reviews, accounting statements,structural  integrity reserve studies, and financial reports of the association or condominium. Structural integrity reserve studies  must be maintained for at least 15 years after the study is completed.

 

A copy of the inspection reports for the milestone inspections and the structural integrity reserve studies  and any other inspection report relating to a structural or life safety inspection of the condominium property. Such record must be maintained by the association for 15 years after receipt of the report.

NO LONGER IS THERE THE ABILITY

TO WAIVE RESERVES OR USE THEM FOR OTHER PURPOSES

 

It was always ridiculously easy to waive the funding of the reserve account.  All it took was a lousy majority of a quorum.  Those days are now over and reserve accounts must be fully funded, like it or not.

The same rule finally applies to developers.  Before turnover of control of an association by a developer to unit owners other than a developer under 718.301, the developer-controlled association developer may not vote the voting interests allocated to its units to waive the reserves or reduce the funding of the reserves.

You can no longer vote to use reserves set aside for one category to be used to repair another category.  Effective December 31, 2024, members of a unit-owner controlled association may not vote to use reserve funds, or any interest accruing thereon, that are reserved for items listed in paragraph (g) for any other purpose other than their intended purpose.

(g) Structural integrity reserve study.

  1. An association must have a structural integrity reserve study completed at least every 10 years after the condominium’s creation for each building on the condominium property that is three stories or higher in height which includes, at a minimum,  a study of the following items as related to the structural integrity and safety of the building:
  2. Roof. 
  3. Load-bearing walls or other primary structural members.
  4. Floor. 
  5. Foundation.
  6. Fireproofing and fire protection systems. 
  7. Plumbing. 
  8. Electrical systems. 
  9. Waterproofing and exterior painting. 
  10. Windows.
  11. Any other item that has a deferred maintenance expense or replacement cost that exceeds $10,000 and the failure to replace or maintain such item negatively affects the items listed in subparagraphs a.-i., as determined by the licensed engineer or architect performing the visual inspection portion of the structural integrity reserve study.
  12. Before a developer turns over control of an association  to unit owners other than the developer, the developer must have a structural integrity reserve study completed for each building on the condominium property that is three stories or higher in height.

 

  1. Associations existing on or before July 1, 2022, which are controlled by unit owners other than the developer, must have a structural integrity reserve study completed by December 31, 2024, for each building on the condominium property that is three stories or higher in height.

BREACH OF FIDUCIARY DUTY – THIS IS SCARY

 

  1. If an association fails to complete a structural integrity reserve study pursuant to this paragraph,such failure is a breach of an officer’s and director’s fiduciary relationship to the unit owners under s. 718.111(1).  If you’re an officer or director, this new law should scare you to death.  If you fail to do the reserve study, you have automatically breached your fiduciary duty.  This could potentially result in individual liability against a director should the failure to do the reserve study result in collapse or injury.

 

(h) Mandatory milestone inspections.—If an association is required to have a milestone inspection performed pursuant to s. 553.899, the association must arrange for the milestone inspection to be performed and is responsible for ensuring compliance with the requirements of s. 553.899. The association is responsible for all costs associated with the inspection. If the officers or directors of an association willfully and knowingly fail to have a milestone inspection performed pursuant to s. 553.899, such failure is a breach of the officers’ and directors’ fiduciary relationship to the unit owners under s. 718.111(1)(a).  Again, If you’re an officer or director, this new law should scare you to death.  If you fail to do the milestone inspection, you have automatically breached your fiduciary duty.  This could potentially result in individual liability against a director should the failure to do the reserve study result in collapse or injury.

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What is an Estoppel Certificate and Why do you need one when buying a Condo or Home in an HOA?

What is an Estoppel Certificate and Why do you need one when buying a Condo or Home in an HOA?

  • Posted: Jul 20, 2022
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Estoppel – Why it costs money to figure out how much money you might owe

  by Evan Bradley, CFO, Campbell Property Management 

The word this week is Estoppel.

Generic legal definition that you should IGNORE: A legal principle that bars a party from denying or alleging a certain fact owing to that party’s previous conduct, allegation, or denial.

Layman’s description (not a legal description) of what estoppel means in a condo or homeowners association: an estoppel certificate is a document which describes outstanding fees that an owner owes to his/her association as of a certain date.

When a home is sold, the new owner and the old owner are “jointly and severally liable” for any amounts owed to the association. What this means in practice, is that any debt to the association stays with the property when a title transfers. These debts include: maintenance dues, late fees, fines, interest, legal fees and special assessments outstanding at the time of the transfer.

If the new owner does not obtain an estoppel certificate they will not be aware of any amounts owed to the association by the prior owner and they may be inheriting a huge debt which they are responsible for. This is why it is necessary to make sure any outstanding debt (or acknowledgement that no money is owed) is properly disclosed, via an estoppel certificate as a protection to the new owner. Often the title company will request an estoppel certificate on the owner’s behalf and any amounts owed will be paid off at closing.

Why does it cost money to get an estoppel? Someone has to take the time to do the research and prepare the certificate for the sale to happen. It is critical that the information is correct since the estoppel is legal proof of the amount owed. The owner (not the association) has to pay for this document, which is typically prepared by the management company, association staff, association attorney or bookkeeping company.

Estoppels are rarely as simple as providing an amount owed. In addition to listing any amounts owed to the association, the estoppel often contains other critical information such as:

  • Are there any outstanding violations on the property?
  • In addition to the regular maintenance, is there a special assessment ongoing?
  • Are there any pending special assessments that may not have been billed yet?
  • Is a capital contribution required?
  • Are there any other associations this property owner may owe money to?

These are just a few of the dozens of questions that are often asked by title companies on estoppel requests, which can become very time consuming.

Here is a short article that describes the law around estoppels.

Legal disclaimer: I am not an attorney. This should not be considered legal advice.

Thank You to Campbell Property Management

 

If you need help with an Estoppel Certificate and or Collection of outstanding Monies owed by an Owner for a Condo and or HOA:

Search our Directory: SFPMA Members Directory over 70 categories for everything you will need for your Florida properties.   Attorneys HOA Condo Associations   Accountants & Collections

 

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Director Compensation: Do I Get Paid for This?” – by Becker for the – Naples Daily News

Director Compensation: Do I Get Paid for This?” – by Becker for the – Naples Daily News

  • Posted: Jul 05, 2022
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Q: I am considering running for the board of my condominium association. However, there is a lot of work involved in being on the Board. It can be a thankless position, which discourages many owners from volunteering. Can we compensate the members of the board as a way to encourage people to serve?

A:  The Florida Condominium Act states that unless otherwise provided in the bylaws, the officers and the directors shall serve without compensation. So, unless your association’s bylaws provide for such compensation, compensation is prohibited.

The Florida Homeowners’ Association Act contains similar language.

While your sentiments are spot on, boards being paid for their service is very rare in the community association realm. I do think there would be some basis for concern as to whether paid directors would be held to higher standards of legal liability, as well as whether the typical nonprofit Directors and Officers Liability Insurance Policy written to cover association directors would be available.

Q:  I received the first notice of my condominium association’s annual meeting just over a month ago. The first notice included a “Notice of Intent” form that had to be submitted by any owner wishing to run for the board of directors by the stated deadline. One of the owners that submitted a Notice of Intent is behind on the payment of her assessments. However, she told our association manager that she would pay her assessments in full before the election. Can she run for the board as long as she pays her assessments before the election?

A:  A unit owner desiring to be a candidate for the board must give written notice of his or her intent to be a candidate to the association not less than 40 days before a scheduled election. The law states that an owner must be eligible to be a candidate to serve on the board at the time of the deadline for submitting a notice of intent.

The Florida Condominium Act contains a number of eligibility requirements for candidates, one of which is that the candidate must not be delinquent in paying any assessment to the association. According to changes in the Act that became effective on July 1, 2021, a person is considered “delinquent” if a payment is not made by the due date of the assessment as specifically identified in the declaration of condominium, bylaws, or articles of incorporation.

Prior to the July 1, 2021 changes, an individual was not eligible if they were delinquent in the payment of any “monetary obligation” to the Association (as opposed to the current version of the law which states delinquent in the payment of assessments). For example, someone who had not paid a fine would be ineligible under the old law, the new law limits eligibility to assessment payment.

If the candidate in your community was delinquent on the 40th day before the election, this individual would not be eligible to be a candidate and cannot be listed on the ballot.

Q:  Most of the members of our board will be leaving our condominium soon to go back to their Northern residences, making it very difficult for us to have in-person board meetings. Can our condominium board vote via e-mail? (M.J.)

A:  The Florida Condominium Act specifically provides that members of the board may use e-mail as a means of communication but may not cast a vote on an association matter via e-mail. Although there may be certain day-to-day decisions that do not require a vote of the board that can be discussed via e-mail, any action that requires approval of the board under your condominium documents or the Act must be done at a duly noticed and open board meeting.

The good news is that the Condominium Act does allow board members to participate in a meeting via telephone or real-time videoconferencing. If a director participates via videoconference, for example, the director’s participation counts towards a quorum, and the member can vote as if physically present.

Jennifer Biletnikoff is a Board Certified Specialist in Condominium and Planned Development Law and represents condominium, cooperative, mobile home and homeowners’ associations located throughout Southwest Florida including Collier, Lee, Sarasota and Charlotte Counties. She has particular experience in covenant enforcement and foreclosure law, and has also practiced in the areas of commercial, business and tort litigation.

 

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How to Become a More Efficient Community Association Board Member, By Concierge Plus

How to Become a More Efficient Community Association Board Member, By Concierge Plus

  • Posted: May 25, 2022
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How to Become a More Efficient Community Association Board Member

By Concierge Plus

Whether you are an experienced board member or thinking about becoming one, having a foundation for effective community association board leadership is important.

By becoming a community association board member, you step up to take on positions of service and responsibility. You’re now expected to anticipate issues, solve problems, meet the expectations of residents, and protect property values.

 

Here are five important skills to possess as a board member:

  1. Governing Documents and Roles & Responsibilities. To start you on the right path, you must understand the legal authority for your association. You must have a thorough understanding of the duties and responsibilities of each board member and the professionals who are available to assist you.
  2. Communications, Meetings and Volunteerism. You should also learn how to maximize volunteer involvement in your community association by improving board communications, conducting effective meetings, and building community spirit.
  3. Fundamentals of Financial Management. As a minimum, you should learn the fundamentals of association financial management, including guidelines for protecting your association’s assets, preparing a budget, planning for the future, and collecting assessments. Since the tragic condo collapse in Miami, many board members have realized the importance of risk mitigation and reserve studies.
  4. Professional Advisors and Service Providers. Because putting together the right team to support your association can be challenging, you should seek practical tips on finding, evaluating, and hiring qualified professional advisors and service providers. Visiting CAI’s forum for Community Associations is a good tool for such information.
  5. Association Rules and Conflict Resolution. You should learn the guidelines for making reasonable association rules, enforcing rules fairly and resolving conflict effectively.

Since the tragic Surfside condo collapse, residents are asking for more transparency from their elected board members. Board members can use Concierge Plus as a platform for keeping residents in the loop with regards to anything related to their community.

 

Below are few Concierge Plus features that can help you become a transparent board member:

  • Resident Announcements
    You can send out notices of upcoming meetings using our Announcements module (as well as posting those events on the Community Calendar). Concierge Plus announcements can be delivered to residents by email, SMS, or even through an automated phone call based on the resident’s opt-in preferences. This will save you from having to slip printed materials under your residents’ doors.
  • File Sharing
    You can share important documents such as a Reserve Study with unit owners using our File Sharing feature. This is a password-protected repository for important documents and is a great place to store articles of incorporation, meeting minutes, rules and regulations.
  • Discussion Forum
    Our Discussion Forum feature allows residents and staff to discuss various topics. The forum increases resident engagement by allowing residents to pitch-in with their views on any topic related to their community.
  • Virtual Owner Meetings & AGMs
    As the pandemic eases and we resume in-person gatherings, hybrid meetings are slowly becoming a permanent part of how community associations function.
    Via our all-in-one virtual meeting platform integration with GetQuorum, you can easily add HD web conferencing, automate attendance, enable eligible attendees to vote online, and much more.

 

Concierge Plus

Community association board members should serve with the best interests of their communities in mind. The law imposes a level of care and loyalty, owed by board members to their associations. It is vital that you receive proper education and training in order to understand your obligations and fulfill your fiduciary duty to the association.

Book a meeting with our experts today, and see for yourself how thousands of board members across North America have become more informed and effective using our platform.

 

 

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SHOULD I USE A PUBLIC ADJUSTER? While it would be wonderful if no one ever suffered damage to their property, it would be unrealistic to expect such good fortune.

SHOULD I USE A PUBLIC ADJUSTER? While it would be wonderful if no one ever suffered damage to their property, it would be unrealistic to expect such good fortune.

  • Posted: Apr 26, 2022
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SHOULD I USE A PUBLIC ADJUSTER?

by Steven Sarasohon of Sarasohn & Company Public Adjusters

 

Most states license all insurance adjusters, whether they work for an insurance company or for the public. Adjusters working for the insurance companies are obligated to treat all claimants fairly and impartially. However, they are paid by the insurance companies for their efforts. The state recognizes that you, the policyholder, are entitled to representation and you may retain the services of a licensed public adjuster to assist in the claim process. Sarasohn & Company, founded in 1924, is a fourth-generation public adjusting company based in Boca Raton, FL.  As such, we can provide unparalleled expertise to get you the best possible settlement.

Our president, Stephen Sarasohn SPPA, is the third generation in his family’s business. His son, Bernard, joined the firm several years ago and is following in his footsteps. Stephen has been a public adjuster for 51 years and has held the professional designation Senior Professional Public Adjuster since it was first created in 1987. Stephen’s father, Ira Sarasohn SPPA, was one of the founding members of the National Association of Public Insurance Adjusters. Both Stephen and Ira were founding members of the Florida Association of Public Insurance Adjusters.

Property owners can certainly try to prepare and adjust their insurance claims themselves. However, as with most things in life, a great deal of benefit can be realized by hiring an expert to assist with a difficult and complex task. No public adjuster in Florida has as much experience as Stephen Sarasohn. Stephen has been certified as an instructor by the Florida Department of Financial Services and has taught insurance courses to the other public adjusters for their continuing education requirements. Sarasohn & Company has adjusted claims ranging from burglaries to plumbing leaks, to fires, to hurricanes, to airplanes crashing into buildings. The valuable experience we’ve gained, in our 98 years, benefits every client. We’ve adjusted a great many claims in excess of a million dollars, some of them in the tens of millions.

Not every professional is the same. When you need the assistance of an expert, you should hire the best expert. Contrary to another article on this site, damage caused by your negligence is not excluded.

While it would be wonderful if no one ever suffered damage to their property, it would be unrealistic to expect such good fortune. That’s why we all buy insurance. If you make a claim, the insurance company will have experts to represent their interests and you’d be well advised to do the same. For a free consultation regarding your damage or for a free review of your policy coverages, please contact us at any time at 561-368-5000

 

To Make it easy: You can contact us through Facebook: https://www.facebook.com/Sarasohn-Company-Inc-1571655336409086

On our Website or by Phone:   http://www.sarasohn.net/           (561) 368-5000

And on our Membership Page on SFPMA

 

 

 

 

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THE DIFFERENCE BETWEEN HOA AND CONDO LAW – IT’S LIKE NIGHT AND DAY! by Glazer Sachs

THE DIFFERENCE BETWEEN HOA AND CONDO LAW – IT’S LIKE NIGHT AND DAY! by Glazer Sachs

THE DIFFERENCE BETWEEN HOA AND CONDO LAW – IT’S LIKE NIGHT AND DAY!

By Glazer Sachs / written by Jan Bergemann

To be very honest, I am at a total loss when I look at the HOA Act the Florida legislature created with FS 720. Sometimes I wonder why they created this statute at all, considering that the provisions contained in this statute have no teeth — and it is widely known that even the best laws are useless without any proper enforcement tools.

The history of FS 720 clearly shows that enforcement of its provisions is only possible for homeowners who have lots of spare change in their pockets.

The biggest “joke” in the statutes is one sentence. Many good families lost their homes and life savings because the following sentence headlines the whole Florida HOA Act:

FS 720.302(2) The Legislature recognizes that it is not in the best interest of homeowners’ associations or the individual association members thereof to create or impose a bureau or other agency of state government to regulate the affairs of homeowners’ associations.

In all honesty, the only ones served by this sentence are specialized attorneys and their bank accounts – to the detriment of the homeowners living in these community associations.

While the FLORIDA CONDO ACT (FS718) has many detailed provisions that can be partially and easily enforced by a regulatory agency (Division of Florida Condominiums, Timeshares, and Mobile Homes), approximately 2.5 million homeowners living and/or owning property in these homeowners’ associations are treated like unwanted stepchildren by the Florida legislature.

With the existing, unenforceable statutes in place, it’s a financially risky proposition for retirees and investors to buy property within these communities. Homeowners are left to fight for themselves with no help to enforce the existing laws.

Simple matters, such as elections, record requests or financial issues, turn into expensive lawsuits that can quickly become monsters eating up families’ life savings. Many homeowners run around with blinders, ignoring permanent violations of Florida statutes, because they don’t want to risk spending their last dime on legal bills.

The proper legislation that would make life in homeowners’ associations much easier – and less expensive – is in place, but only for condominium associations.

The provisions contained in FS 720 are stacked against the homeowners, especially since in many associations budget shortfalls caused by unpaid dues and/or foreclosures are causing heavy financials burdens on the owners still paying their dues.

High legal bills are creating an even bigger hardship on the owners still paying the ever-increasing assessments, caused by the fact that the provisions contained in the HOA Act FS 720 provide no easy solutions for simple disputes.

The question that baffles everyone: Why is the Florida legislature unwilling to enact simple laws that would stop most of these shenanigans we are all reading about daily in the media? The established wording from the condo statutes could easily be used for the HOA statutes. Case law and the Florida Administrative Code is in place.  Nobody has to reinvent the wheel.

But who fights these bills that would simplify life in HOAs in Florida? The only feasible explanation: The service providers, especially the attorneys that claim to lobby for the associations. They are the only ones who benefit from these useless HOA statutes.

It is definitely easier to fleece the owners if the laws are confusing and can be interpreted any way anybody wants. With the statutes for HOAs it is very easy to create mini-dictatorships and fill their own pockets – if some determined folks so desire. Is that what the folks who “invented” homeowners’ associations had in mind when they created these communities?

 

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