By Eric Glazer, Esq.
Chapter 468 of The Florida Statutes contains numerous provisions about how community association managers get disciplined by the Department of Business and Professional Regulation. This year, The Florida Legislature amended Florida law to allow community association managers to get disciplined if they violate the Florida condominium, co-op or HOA statutes. The Florida Supreme Court is due to hand down a decision which may consider some of the normal duties of a community association manager to be the unauthorized practice of law. Two years ago, licensed managers almost lost their profession when there was an attempt to deregulate them, now there's an effort to regulate everything they do. Hey managers! You are on the radar.
Why is it then that there is at least a perception that community association managers can do whatever they want with little or no fear of actually losing their license or even being suspended?
I have come in contact one way or another with thousands of community association managers over my career. In very few circumstances have I felt that there was a clear case of discipline warranted against a community association manager. The exceptions were when I proved at trial that the manager deliberately threw an election, or when it became clear that the manager stole cash payments from unit owners that should have gone into the association's bank account. Failing to turn over the association's official records after being terminated is also something that deserves discipline.
So, what's your take? Can community association managers get away with murder? Or, is the probability of CAM discipline just about the same as the probability of discipline against the association attorney, board members or other vendors that work for the association?
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