CAMs and the Unauthorized Practice of Law (2015 Version)

Several managers of resident owned communities have asked me to discuss the recent Florida Supreme Court opinion concerning certain activities performed by non-lawyer CAMs.   

The Court was asked whether these activities, if performed by a non-lawyer community association manager, would constitute the "unlicensed practice of law".   On May 14, 2015, the Court issued its decision, which confirmed an earlier advisory opinion (from 1996) and addressed 14 other activities using the 1996 advisory opinion as a guideline.

You'll note that I've included a link to the full text of the decision in the above paragraph for those who wish to read and review it.   

This decision applies to any non-lawyer, not just to community association managers.

In brief, activities that require the interpretation of statutes, administrative rules, community association governing documents or rules of civil procedure constitute the practice of law, as does the drafting of documents (even form documents) which require a legal description of the property or which determine or establish legal rights.

While the both the 1996 and 2015 decisions provide a good deal of clarification, there are still numerous activities that may or may not constitute the unlicensed practice of law.  When faced with those uncertain situations, ROC board members and managers should contact the association attorney.

I'm beginning to put together the schedule for our 2015-2016 ROC seminars--if you have topics you'd like us to cover, please forward them to me.

I hope you're enjoying your summer!
 

 

ROC Alert: Proposed Committee Bill 11-01

I've spent part of the past few days in email correspondence and telephone and person to person discussions about Proposed Committee Bill (PCB) BCAS 11-01 with fellow community association attorneys, ROC managers, and concerned board members.

As you may already know, earlier this week, the Business and Consumer Affairs Subcommittee of the Florida House of Representatives (by a 10 to 5 vote) passed PCB 11-01.  This bill will now be assigned a number and will be scheduled for additional committee hearings.   The concern is that this bill is on a fast track and will not have to undergo deliberations in more than one or two other House subcommittees and that, while no companion bill has been filed in the Florida Senate (at least as of earlier today), that Senate companion bill will be forthcoming in the very near future.

So what's the big deal about PCB 11-01?

How about these for starters--within this proposed bill's 281 pages, you'll find provisions that:

  • Eliminate many agencies that license and regulate numerous professions in Florida, including Community Association Managers
  • Eliminate what appears to be all or at least a substantial porton of the Department of Business and Professional Regulation's Division of Florida Condominiums, Timeshares, and Mobile Homes
  • Eliminate the mandatory non-binding arbitration provisions found in Florida's statutes governing condominium and cooperative associations

Please check out the full text of PCB 11-01 if you want to verify the incredibly far-reaching language that's now being considered by Florida's lawmakers.  

If you are a homeowner or condominium owner in a resident owned community, you might want to contact your state legislators about this bill.

I'll have another entry later this week.