The Florida Bar Re: Advisory Opinion - Activities of Community Association Managers (Florida)
On March 28, 2012, The Florida Bar’s Real Property, Probate & Trust Law Section petitioned the Standing Committee on Unlicensed Practice of Law for an advisory opinion on the activities of community association managers. The petitioner sought confirmation that the activities found to be the unlicensed practice of law in The Florida Bar re: Advisory Opinion – Activities of Community Association Managers, 681 So. 2d 1119 (Fla. 1996) (“1996 Opinion”) continue to be the unlicensed practice of law.
The petitioner also asked if it was the unlicensed practice of law for a community association manager to engage in any of the following fourteen activities: Preparation of a Certificate of assessments due once the delinquent account is turned over to the association’s lawyer; Preparation of a Certificate of assessments due once a foreclosure against the unit has commenced; Preparation of Certificate of assessments due once a member disputes in writing to the association the amount alleged as owed; Drafting of amendments to declaration of covenants, bylaws, and articles of incorporation when such documents are to be voted upon by the member; Determination of number of days to be provided for statutory notice; Modification of limited proxy forms promulgated by the State; Preparation of documents concerning the right of the association to approve new prospective owners; Determination of affirmative votes needed to pass a proposition or amendment to recorded documents; Determination of owners’ votes needed to establish a quorum; Drafting of pre-arbitration demand letters required by section 718.1255, Florida Statutes; Preparation of construction lien documents; Preparation, review, drafting and/or substantial involvement in the preparation/execution of contracts; Identifying, through review of title instruments, the owners to receive pre-lien letters; and any activity that requires statutory or case law analysis to reach a legal conclusion.
The Standing Committee held a public hearing on June 22, 2012. Testifying at the hearing were many attorneys, CAMs, and other interested individuals. Hundreds of homeowner and condominium associations submitted a form petition in the written testimony. The majority of the testimony reflects the belief that the Court’s 1996 opinion provides sufficient guidance in this area and another opinion is unnecessary. In addition, the testimony reflects the concern that too much regulation may raise the cost of living in these communities and could potentially have a serious financial impact on community associations, property owners, and CAMs. On May 15, 2013, as a result of the June 22, 2012, hearing, the Standing Committee on UPL submitted the Proposed Advisory Opinion.
Brief: CAI's Amicus Brief
Prior Ruling: Supreme Court Decision
Status: Pending
CAI Amicus Brief Author: PeytonBolin, PL
CAI Amicus Brief Review Committee: Robert Diamond, Esq; Mrichael Karpoff, Esq; Marc Markel, Esq; Marvin Nodiff, Esq; Stephen Marcus, Esq.