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!