Newsletters

FALL 2011

WELCOME ABOARD

As our readers know, this firm's practice is devoted to the representation of condominium and homeowner associations. We are proud to announce the addition of the following associations to our list of clientele: The Tides on Hollywood Beach Condominium, Crystal Court Manor Number 11 Condominium and Stonehenge Condominium in Hollywood, Turnpike Distribution Center in Coral Springs, Atlantic Ocean Club on Galt Mile, Yacht Club at Treasure Cove HOA in Dania Beach, Griffin Road 345 POA in Davie, Granville Condo G at Kings Point in Tamarac, Tahoma Apartments, Inc. in Bal Harbor, Coral Bay Racquet Club Condominium in Miami, Southpointe Cove Condominium in Coral Gables, Belmont Condominium in Bay Harbor, Kendall Pines Commercial Condominium in Kendall, and Nevis Condominium in Miami. We can assure you that we appreciate your business and confidence placed in our firm.

CONDO CRAZE AND HOA'S

The firm's radio show "Condo Craze and HOA's" has been heard each Sunday at noon on 850 WFTL in South Florida for the past two years. The show is also streamed live on the web at www.850wftl.com and you can listen to the show on your smart phone device. Please visit the show's website at www.condocrazeandhoas.com where you can learn more about the show's hosts and guests, listen to all prior shows, e-mail us your questions to be answered on the show, link to our Facebook page and visit all of our sponsor's websites as well. You can also call in with your questions during the show to 877-850-8585 and we'll answer them live and on the air.

DELINQUENCY DILEMMAS

When under the gun to collect money owed the association, some associations leap without looking and sign agreements to borrow money from non attorney collection agencies in exchange for allowing the collection agency to retain all of the late fees and interest. Often times this is in excess of 18%! We hear complaints all the time that associations were lured into false promises to clean up years' worth of financial messes overnight. Instead of seeking what amounts to high cost loans and promises of sensationalism, the strategy should be simple: find a law firm that will guide the Board professionally, honestly and in person, with the specific interests of your particular association being the focus. There is simply never a "one strategy fits all" or any magic fixes that will turn an association from the red to the black overnight. It takes dedication and knowledge of the process. Just like each association looks different, each one has its own characteristics that should guide the association on the most practical course to recoup monies in the shortest period of time. If you're feeling like your collection efforts have hit a dead end, give us a call for a second look.

YEAR END FINANCIAL REPORTING

We're quickly approaching the time of year where your association must prepare year end financial statements. As a general rule, if your association wants to provide a more detailed financial report than what is required by statute, the Board can do so simply with a Board vote. However, if a less detailed financial statement is to be provided to the owners, a majority vote at a meeting of unit owners would be required.

BOARD MEMBER CERTIFICATION

Eric Glazer is the first attorney in the State of Florida that designed a course that was approved by the Florida Department of Business and Professional Regulation, allowing him to certify Florida residents to serve on a condominium board of directors. Since the Florida Legislature mandated that Board members become certified, Eric has certified approximately 1,500 people who attended the course and by all accounts, everyone really enjoyed learning the law for a few hours. Remember that as of July 1st, 2011 a person can get certified by attending a course one year before getting elected to the Board or within 90 days of having actually been elected. Moreover, recertification is not required if the director serves on the board without interruption. Despite the fact that HOA board members are not yet required to become certified, many of our participants are actually HOA members. However, as of this writing, legislation is pending that would require certification for HOA Board members as well. These free seminars will be taught live at The Hard Rock Hotel in both Hollywood and Orlando and to see when our next Condo Craze Board Certification Seminar is and to register, please check in at: www.condocrazeandhoas.com.

C.A.M.P. 2012

Whether you are a Board member or a unit owner, in either a condominium association or a homeowner association, you have to agree that the laws need some changing. We are all frustrated by banks not paying their fair share to associations when they finally get around to foreclosing on a unit, HOA'S not receiving any assistance or guidance from the DBPR, the archaic election procedures involved in HOA elections, the failure of unit owners in foreclosure to pay their association assessments, the lack of available education for HOA members and the high cost of litigation. If you want to see The Florida Legislature pass some recommended changes to the Florida condominium and HOA statutes, become a member of the Community Association Member Party by visiting www.camp2012.net today.

PREVENTING VOTING AND RUNNING

In both a condominium and an HOA if a unit owner is ninety days delinquent in the payment of any fine, fee or assessments, they are not eligible to run for Board membership. In fact, in a condominium their name cannot be on the ballot. Also in both condominiums and HOAs the association may suspend the right of a unit owner who is delinquent for ninety days or more from voting. In order to accomplish this, the Board should vote in advance of the annual election not to allow the votes of these delinquent unit owners and notify them in writing of the Board's decision. If a vote is not taken in advance of the annual meeting, the votes of the delinquent unit owners cannot be ignored and must be counted.


Eric M. Glazer: born August, 1967, Brooklyn, New York. B.A., New York University, 1989. J.D., University of Miami School of Law, 1992. U.S. District Court, Southern District of Florida, 1992. U.S. District Court, Middle District of Florida, 2004. U.S. District Court, Northern District of Florida, 2004. U.S. Circuit Court of Appeals for the Eleventh Circuit, 1996. U.S. Supreme Court, 1996. Certified Circuit and County Court Mediator, 2007, District of Columbia, 2010, New York State, 2010.

Ralph C. Ruocco: born April, 1974, Brooklyn, New York, B.A. Brooklyn College 1998. J.D., University of Miami School of Law, 2002. U.S. District Court, Southern District of Florida, 2005.

Scott R. Shapiro: born May, 1980, Cleveland, Ohio, B.A. University of Florida 2002. J.D., University of Miami School of Law, 2005.

Kristy L. Phillips: born August, 1979, Miami Beach, Florida; B.A. Florida International University, 2000; J.D. Nova Southeastern University, 2007. U.S. District Court, Southern District of Florida, 2008.

Pennie S.A. Mays: born March, 1980, B.A. Florida Agricultural and Mechanical University 2002, J.D. University of Florida, 2004.

Jason Shepelrich: born December, 1973, B.A. Florida Atlantic University, 1995, J.D. Nova Southeastern University, 1998, U. S. District Court Southern District of Florida, 2000, U. S. District Court, Middle District of Florida, 2006.

Jeremy M. Zubkoff: born September, 1976, New York, N.Y., B.A. Univ. of California at Santa Barbara, 1999, J.D. Santa Clara University, 2002, U. S. District Court Southern District of Florida, 2005, U. S. District Court Northern District of Florida, 2005.

Jenna L. Jennings: born February, 1985, Miami, Florida; B.A. University of Tennessee, May 2007; J.D. Nova Southeastern University, May 2010

The firm is devoted to representation of condominium and homeowner associations in the South Florida area. The firm has represented hundreds of associations since its inception in 1994, regarding all facets of association law. In addition, the firm routinely litigates, mediates and arbitrates association cases in state and federal courts and before the Division of Florida Land Condominiums, Timeshares and Mobile Homes, Arbitration Section.