Article Courtesy of The Florida Current

By Gray Rohrer

Published April 27, 2014 

A squabble between the Florida Bar and community association managers (CAMs), which operate homeowners’ associations, led to a two-hour debate in the House on Thursday that casts doubt on the bill’s chances as the legislative session winds to a close.

The bill, HB 7037, would expand the amount of duties CAMs are allowed to perform without violating the state’s prohibitions against the unlicensed practice of law. In 2012, the Real Property, Probate & Trust Section of the Florida Bar petitioned the courts to declare more CAM activities, like the drafting of foreclosure liens, determining a quorum for HOA meetings and drafting contracts, as the unlicensed practice of law. A decision is pending before the Florida Supreme Court.

But the bill was amended to specify CAMs couldn’t charge excessive fees for their services. The amendment was opposed by CAM trade groups pushing for the bill.

“You can dress it up, you can call it whatever you want but this is a new fee,” said Rep. George Moraitis, R-Fort Lauderdale.

Rep. Ross Spano, R-Dover, said he originally filed the bill to prevent an inflation of HOA fees, since lawyers could assume the CAM duties to themselves and likely charge higher hourly rates. But during the lengthy debate he admitted the issue is largely a wrestling match between two interest groups.

“This is a food fight,” Spano said.

The bill is now scheduled for a House floor vote Friday. The Senate version of the bill, SB 1466, was postponed on the floor Thursday.

The legislative session ends May 2.