Article Courtesy of The Florida Current

By Gray Rohrer

Published May 1, 2014

Community association managers, or CAMs, that operate homeowners associations would have their duties more clearly defined under HB 7037, which passed the House on Friday by a 95-17 vote.

The CAMs are hoping to dodge a pending Florida Supreme Court decision that could render some of their duties -- which include developing a quorum for HOA meetings, drafting contracts, and filing liens as the unlicensed practice of law -- a third-degree felony.

Opponents of the bill, though, worry CAMs won’t have the technical expertise in all of an HOA’s legal matters, and are trying to protect their fees.

“I’m not saying that they’re money grubbing ... but they may not be giving good advice to their clients,” Rep. Elaine Schwarz, D-Lantana, said.

But supporters pointed to the more expensive fees charged by lawyers for the same HOA duties, saying the bill would prevent an increase in HOA fees and noted most CAM activities don’t require legal expertise. 

“We’re not asking them to represent clients in legal matters, we’re asking them to fill out forms,” said Rep. Kathleen Passidomo, R-Naples.

The bill is the source of a fight between CAMs and the Real Property, Probate and Trust Section of the Florida Bar, which petitioned the court to define more CAM activities as the unlicensed practice of law in 2012.

Although the bill was amended to restrict excessive CAM fees Thursday, the Chief Executive Officers of Management Companies, a CAM trade group, was happy to see the bill pass the House.

"Passage of this bill today in the House is a huge victory for Florida's homeowners, as well as the tens of thousands of licensed, professional community association managers who work for them because it keeps the cost of living for Florida's homeowners from going up at a time when they can least afford it,” said Mark Anderson, lobbyist for CEOMC.