Wednesday, February 01, 2006

Request for assistance...
I'm working on a new book on HOAs, covering things that have happened since Privatopia was published. There is an issue I want to write about, but I haven't been able to find a source on it, and I'm hoping some reader may remember this or know where to find information on it.

Way back in the late 1990s, I recall reading that in Florida a controversy had erupted between HOA/condo lawyers and property managers over whether managers were qualified to interpret CC&Rs. The lawyers, of course, took the position that you have to be a lawyer to interpret the covenants. This cuts against the other argument lawyers make: that any and all owners are legally assumed to have read and understood those very same covenants that no PM can accurately interpret. Can anybody tell me if my memory is accurate on this, and if so where can I document it? I have already checked the opinions issued by the Florida Attorney General and found nothing on this.

Thanks for whatever you folks can come up with.

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