Newsletters

SPRING 2011

WELCOME ABOARD

As our readers know, this firm's practice is devoted to the representation of community associations. We are proud to announce the addition of the following associations to our list of clientele: Hollywood Beach Resort Condominium and Crystal Court No. 6 Condominium in Hollywood, Loft Town Villas Condominium and Dixie Gardens Condominium in North Miami, 1800 Club Condominium in Miami, Las Vistas Condominium in Inverrary, Bella Luna Condominium in Hialeah, and Cristal Shores Condominium in North Miami Beach. 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" is going strong and has become very popular in association circles. It is heard each Sunday at noon on 850 WFTL. The show is also streamed live on the web at www.850wftl.com Visit the show's website at www.condocrazeandhoas.com so 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. As always, call in with your questions during the show to 877-850-8585 and we'll answer them live and on the air. Thanks for listening and we promise to make our second year as much fun as our first.

ARE YOU CERTIFIABLE?

We continue to sell out our monthly Condo Craze seminars. Remember.....as of July 1st, 2010 within 90 days of getting elected to a condominium Board of Directors, you must now get certified or you are removed from the Board. One way to get certified is by attending a state approved course. Eric Glazer was the first attorney in Florida to design, and have approved by The Florida Department of Business and Professional Regulation, a certification course that he teaches allowing him to certify attendees as eligible to serve on a Florida condominium Board of Directors. The course is about 3 hours long and is held live at The Hard Rock Hotel and Casino in Hollywood. The course is absolutely free. Everyone who stays from beginning to end walks out with a certificate of completion, suitable for framing, certifying that you are now legally eligible to serve on a Florida condominium Board. The course covers topics like Budgets and Reserves, Financial Reporting, Condominium Operations, Records Maintenance, Access to Records, Dispute Resolution and a lot more. In addition, highlights of the new condominium laws will be taught in detail and of course, there will be a question and answer period at the end. If you are interested in attending the course and getting certified for free you must go to www.condocrazeandhoas.com, click on the link and fill-out the form. That's it. You will get e-mail confirmation that you are registered. In addition, about a dozen of the show's sponsors will also be in attendance with display tables and will be available to meet with everyone during breaks and after the show. Requests to have the course taught on site at your condominium will also be considered, if the facilities and number of attendees warrant same. Call us to discuss.

A SUPREME ACHIEVEMENT

On February 11th, Eric Glazer had the honor of arguing perhaps the most important condominium law case to be heard by the state's top court in nearly a decade. The issue at hand is whether or not amendments to the Florida Condominium Act apply to condominiums that already exist, even where the governing documents don't contain a clause expressly providing for same. If you would like to watch the actual oral argument and get a peek into the workings of The Florida Supreme Court, visit this website: http://wfsu.org/gavel2gavel/archives/flash/10-430.php

SANITY PREVAILS

During the current legislative session in Tallahassee, House Bill 5005 was introduced and sought to shut down the Division of Florida Condominiums, and to deregulate community association managers. This firm, as well as many of our clients and friends, fought hard against passage of the bill, taking the position that if passed, the bill would allow for no oversight of unscrupulous developers, increase the number of cases in our already burdened court system and allow unlicensed and unqualified people to serve as managers of Florida community associations. We are happy to say that the hard work of everyone paid off, and the bill was defeated. Great work and congratulations to everyone that assisted.

SOME QUICK ANSWERS

The two most often asked questions at our seminar is whether or not the association can turn off cable TV for non paying units and if the association can demand the entire amount of the rent from the tenants of delinquent owners. The answers are that cable TV cannot be turned off and that the association can only demand the amount of the monthly condominium assessment from the tenant. If it is less than the full amount of the rent, the landlord gets the balance. Legislative changes are in the works however, which would change these answers. Stay tuned.

DIRECTOR REMOVAL

Provisions in your governing documents which require Board members to live in the state or remove them for missing meetings are invalid and violate Florida law. There are only a limited number of ways a director can be removed from the Board. First, a director or officer more than 90 days delinquent in the payment of any monetary obligation is deemed to have abandoned the office. Next, a director or officer charged with a felony theft or embezzlement offense involving the association's funds or property shall be removed from office as well. Finally, a director or directors may be removed from the Board through the sometimes complicated and drawn-out recall process. All other provisions in your documents to the contrary are void.


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.