Article Courtesy of The Florida Current

By Gray Rohrer

Published March 31, 2014

Community association managers, or CAMs, are wary of a looming opinion from the Florida Supreme Court that could define much of their activities as the unlicensed practice of law, a third-degree felony. They’re hoping bills moving through the Legislature will clarify their management of homeowner and condo association funds, meetings and other duties like filing liens on property.

There are more than 18,500 individual CAMs in Florida working for homeowners’ associations, preparing budgets, hiring maintenance workers and often preparing contracts and other legal papers.

Rep. Ross Spano, R-Dover, is sponsoring HB 7037, which would define duties such as collecting association dues, determining the time needed for statutory notices, determining the amount of votes needed for a quorum and others as valid CAM practices. Spano said he’s worried about lawyers taking over CAM duties and charging higher fees, which would then result in higher HOA fees for homeowners.

“If these folks can’t perform these services then attorneys are going to step in and perform these services for a much higher fee,” Spano said.

The Florida Bar, however, is concerned that CAMs aren't liable to HOAs in their contract for mistakes they make, should not be authorized to write construction or other property liens and the potential to abuse new fees outlined in a proposed amendment to the Senate version, SB 1466. Pete Dunbar, lobbyist for the Real Property, Probate & Trust Section of the Florida Bar, said the Supreme Court decision will ultimately decide how much CAMs can do that isn't the unlicensed practice of law. There is still a "gray line" about where CAM duties end and the practice of law begins, he said.

"What we don't know today is where is that line where you're stepping over?" Dunbar said, adding that he continues to work with Spano to iron out their differences with the bill.

Both Spano’s bill and SB 1466, are up for votes next week in the House Judiciary Committee and Senate Judiciary Committee, respectively.

But two separate bills, HB 7039 and SB 1496, seek to further define CAM activities as not violating laws prohibiting the unlicensed practice of law have stalled in the Legislature. HB 7039 was postponed in the House earlier this month and SB 1496 was postponed in the Senate Judiciary Committee last week.

Managers, meanwhile, are concerned their jobs will be defined as a third-degree felony.

“We’d like to allow our CAMs to continue doing the jobs that they have been doing for the past 40 years with no complaints,” said Rhonda Kesling, vice president of the SummerGlen homeowner association in Ocala.