WHY THE DIFFERENCES? By Eric Glazer, Esq.

WHY THE DIFFERENCES?

By Eric Glazer, Esq.

At a time when it would make sense for the condo and HOA laws to become easier to learn, they are becoming harder.  Much has to do with why in the world are there such differences between the condo and HOA statutes?  It’s actually ridiculous.  For example:

1. In order to get access to the official records, why does the condo statute allow access if the owner asks for access in writing while the HOA statute requires the owner to request access by certified mail return receipt requested?
2. Why does the condo statute require condos with 150 units or more to have a website, while an HOA with 150 units or more does not require a website?
3. Why does the HOA statute allow voting by proxy but the condo statute doesn’t and requires a very strict way of performing the election?
4. Why do HOA documents expire after thirty years, but the condo declaration never expires?
5. Why is competitive bidding required in a condo if the amount at issue is 5% of the budget but competitive bidding is required in an HOA if the amount at issue is 5% of the budget?
6. Why in an HOA, if the owners amend the declaration to prohibit rental terms of less than six months or 3 times in a calendar year, that amendment applies to everyone, even those who did not vote in favor of the amendment ———- however that same amendment would not apply to those who specifically did not vote in favor of the amendment in a condo?
7. Why does the condo statute require a 75% vote of the owners in order to make a material alteration, yet the HOA statute does not mention material alterations?
8. Why as of January 1^st, 2025 are condominiums required to reserve funds for all portions of the common elements but HOAs are not?

There are more, but you get the point.  There are no reasons of which I’m aware as to why these statutes are different for condos and HOAs, yet they continue to exist.  At a time when it’s confusing enough to learn the laws, The Florida Legislature should amend the statutes so that the laws are the same and fair across the Board, regardless of whether you live in a condo or HOA.