FirstService Residential Supports Florida Legislature Keeping Community Associations’ Costs Down
In the closing dates of this year’s legislative session, the Florida Senate voted 36-3 in favor of a bill that will clarify the administrative duties of community association managers (CAMs). The law is effective as of July 1, 2014.
“We are very pleased with the message sent by the Florida Legislature through its strong support of this legislation,” said Tony Kalliche, Executive Vice President and General Counsel for FirstService Residential. “Clearly, we don’t want our CAMs practicing law. However, we also don’t want CAMs statewide operating under the threat of possible prosecution from Unlicensed Practice of Law (UPL) for doing routine, ministerial activities the industry has come to expect of CAMs for years.”
In a petition filed in 2012, the Real Property, Probate and Trust Law Section of the Florida Bar argued that over 14 activities performed by licensed CAMs constitute the illegal practice of law, a third-degree felony. Of particular concern was that items included on the Bar’s list involved routine activities such as determining a simple quorum, sending a pre-arbitration letter and determining the owners of units to receive pre-lien demand letters. The use of an attorney for services such as these would have forced associations to shoulder thousands of dollars in legal fees. The case is currently before the Florida Supreme Court.
“As the leading property management company in North America, representing over 1,600 communities in the State of Florida, FirstService Residential is the only property management company that has actively and individually lobbied in Tallahassee on behalf of its clients’ interests for over a decade,” said Kalliche.
About FirstService Residential
FirstService Residential is a subsidiary of FirstService Corporation, a global leader in the rapidly growing real estate services sector, one of the largest markets in the world. As the largest residential property manager in North America, FirstService Residential oversees more than 6,500 residential and commercial associations including 1.5 million residential units and over 50 million square feet of commercial space across 21 U.S. states and three provinces in Canada. The company has more than 12,000 employees driving local market expertise and managing in excess of $6 billion in annual budgets. For more information, visit www.fsresidential.com.
“We are very pleased with the message sent by the Florida Legislature through its strong support of this legislation,” said Tony Kalliche, Executive Vice President and General Counsel for FirstService Residential. “Clearly, we don’t want our CAMs practicing law. However, we also don’t want CAMs statewide operating under the threat of possible prosecution from Unlicensed Practice of Law (UPL) for doing routine, ministerial activities the industry has come to expect of CAMs for years.”
In a petition filed in 2012, the Real Property, Probate and Trust Law Section of the Florida Bar argued that over 14 activities performed by licensed CAMs constitute the illegal practice of law, a third-degree felony. Of particular concern was that items included on the Bar’s list involved routine activities such as determining a simple quorum, sending a pre-arbitration letter and determining the owners of units to receive pre-lien demand letters. The use of an attorney for services such as these would have forced associations to shoulder thousands of dollars in legal fees. The case is currently before the Florida Supreme Court.
“As the leading property management company in North America, representing over 1,600 communities in the State of Florida, FirstService Residential is the only property management company that has actively and individually lobbied in Tallahassee on behalf of its clients’ interests for over a decade,” said Kalliche.
About FirstService Residential
FirstService Residential is a subsidiary of FirstService Corporation, a global leader in the rapidly growing real estate services sector, one of the largest markets in the world. As the largest residential property manager in North America, FirstService Residential oversees more than 6,500 residential and commercial associations including 1.5 million residential units and over 50 million square feet of commercial space across 21 U.S. states and three provinces in Canada. The company has more than 12,000 employees driving local market expertise and managing in excess of $6 billion in annual budgets. For more information, visit www.fsresidential.com.