The Florida Bar Standing Committee on the Unlicensed Practice of Law has released its proposed advisory opinion.  As we reported on a prior blog, the Committee was asked to confirm whether certain activities performed by community association managers were the unauthorized practice of law.  The proposed opinion will be filed with the Supreme Court of Florida on May 15, 2013.  At that time, there is opportunity for further comment and then the court will decide whether to accept the opinion or modify it.

The proposed opinion reaffirms the 1996 opinion and indicates that those activities found to be the unlicensed practice of law continue to be the unlicensed practice of law.

In addition, the proposed opinion provides further clarification that the following activities are considered the unlicensed practice of law such as:

  • Preparing, reviewing, drafting and/or substantial involvement in the preparation/execution of contracts
  • Drafting of amendments to declarations, bylaws and articles of incorporation
  • Determination of the number of days to be provided for statutory notice if requires interpretation of statutes or rules
  • Modification of state issued forms if involves interpretation of statutes
  • Determination of the number of votes necessary to take certain action if requires interpretation and application of statutes and governing documents
  • Drafting lien waivers

Colorado does not have any public opinions or disciplinary action addressing the unlicensed practice of law by community association managers but our statute is very similar to both the Florida and Arizona statutes.

3 responses to “Florida Issued Proposed Advisory Opinion on Unlicensed Practice of Law
  1. Put me in jail now! There isn’t a day that goes by on which a manager does not offer an opinion as to the legality of some issue or other. One of the skills of a good manager is to know when to defer to the association’s attorney. Whoever drempt this up just complicated life immeasurably. It had to have been a politician, but to what benefit, I remain unsure. Do they expect community managers to remain mute? When was the last time you ever witnessed that?
  2. A Lien Waiver is a document that waives the lienholders right to file a lien, therefore giving up the right to secure their position. This document has legal implications regarding a lienholders right to secure their financial position.
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