AND WHAT ABOUT HOAs?

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When our blog was published last week about the new powers of the DBPR, some owners in HOAs really were appalled.  They still can’t believe that they can’t go to the DBPR for help but condominium owners are perhaps now getting all the help they need.

 

            Florida Statute 720.302(2) states the following:

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. 

            It certainly begs the question:  If having a bureau or other agency of the state regulating the affairs of a homeowner’s association is not in the best interest of homeowners ’associations, why is it in the best interest of condominium associations to have a bureau or other agency of the state regulating their affairs?

            I’m sorry.  Do members of homeowner associations have the same questions and complaints as those that live in condominium associations?  If so, why do condos need to be regulated by the DBPR and HOAs don’t?

            I cannot think of a logical reason why it should not be completely one way or the other.  If the Florida Legislature is against regulation by the DBPR of HOAs then how in the world can they demand regulation of condos by the DBPR?  I know this………apparently at the time of the collapse of The Champlain Towers, only one member of The Florida Legislature lived in a condominium.  Apparently, our legislators don’t want regulation in their HOAs.

            I’m not debating whether the DBPR is necessary or not.  That’s not the point of this blog.  My point is that there is no argument you can make to me that would allow for only one type of these associations to be regulated and not the other.

            Some HOA owners would love a DBPR they can go to.  Some may not want to pay the $4.00 per year and don’t want the help.  Condo owners feel the same way.

            But why aren’t they treated the same?

 

Written by Eric Glazer, Esq.

Eric Glazer
About the
Eric M. Glazer, a native of Brooklyn, New York, is a distinguished attorney specializing in community association law. He earned his B.A. in Political Science from New York University and his Juris Doctorate from the University of Miami School of Law. In 1994, he founded Glazer and Associates, P.A., and later formed Glazer & Sachs P.A. Eric has dedicated his career representing condominium and homeowner associations. He also hosts Condo Craze and HOAs Show on YouTube, where he educates and engages with a live audience on association-related matters. Additionally, he is a Florida Bar Board Certified attorney in Condominium and Planned Development Law and a certified mediator by the Florida Supreme Court.