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Article
Courtesy of The Herald Online
Published
May 12, 2014
TALLAHASSEE, Fla. -- The Florida State Senate voted
36-3 to pass a bill aimed at preventing homeowners from incurring legal
fees for community association paperwork. Associa, the nation’s largest
community management company, commends the Florida Legislature for the
passage of the bill which preserves competition in management services
for Florida homeowners association (HOA) and condominium residents.
The legislation is in response to an effort by the Florida Bar to
classify work currently done by licensed community managers as the
practice of law. Had the Bar succeeded in their efforts, community
associations would have faced significantly higher costs for simple
services long performed by licensed managers.
“We commend the Florida Legislature for standing up for homeowners,”
notes Associa’s Senior Vice President for External Affairs, Andrew S.
Fortin. “The action by the legislature assures that residents of HOAs
will not be forced to spend extra money or time to use attorneys for
routine, non-legal services.”
The issue initially began in 2012 when the Real Property, Probate and
Trusts section of the Florida Bar petitioned to declare more than 14
activities, currently performed by licensed community managers, as the
practice of law. Items on the Bar’s list included determining a simple
quorum, sending a pre-lien letter and a pre-arbitration demand letter.
These activities have been performed by licensed community managers
without incident for more than a generation.
Because the Bar is considered part of the judiciary branch, it can
petition itself, subject to court approval, on what work should be
reserved solely for attorneys. Not surprisingly, community association
management companies and homeowners strongly objected to the Bar’s
seemingly self-serving effort. The Florida State Senate apparently
agrees as the bill passed the Senate on Tuesday, April 29th by a vote of
36-3 after having passed the House by an overwhelming majority the
previous week. The legislation now heads to the governor’s desk for
signature.
“From day one we have noted that community association managers do not
want to be lawyers,” says Fortin. “But at the same time, simple tasks
like sending a form letter, counting days on a calendar and determining
simple majorities do not always require the assistance of an attorney
and our clients deserve choice in the market for such services.”
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