DEFINITIONS AND COMMITTEE COMPOSITION

(a) Community Association and Planned Development. A “community association” is a corporation for profit or not-for-profit that is engaged in the management and operation of common interest real property, which typically includes:

(1) associations for condominiums, homeowners, property owners, and mobile homes;

(2) associations governing communities or properties which may be related to residential, commercial, other non-residential communities or properties;

(3) cooperatives;

(4) recreational organizations such as golf or tennis clubs; and

(5) voluntary organizations that are incorporated or not incorporated. A “planned development” is real property in Florida that consists of or will consist of separately owned areas, lots, parcels, units, or interests together with common or shared elements or interests in real property, or where the separately owned areas, lots, parcels, units, or interests are subject to common restrictive covenants or are governed by a community association.

(b) Condominium and Planned Development Law. “Condominium and planned development law” is the practice of law that involves:

(1) serving as counsel to community associations, property owners, community association members, sellers, purchasers, developers, lenders, governmental agencies, and investors in matters related to community associations and planned developments;

(2) drafting governing documents or their amendments, and preparing filings with governmental agencies that regulate community associations or planned developments;

(3) serving in or for governmental agencies which regulate community associations or planned developments;

(4) representing parties in construction lien and defect claims, collection of assessment actions, governing document and community association statutory enforcement and dispute actions, and other litigation, arbitration, and mediation in matters relating to community associations or planned developments; and

(5) planning, development, construction, and financing of condominium or planned development communities.

(c) Condominium and Planned Development Law Certification Committee. The condominium and planned development law certification committee must be composed of the following:

(1) at least one-third of the members must be lawyers whose practice focuses on the representation of community association members or community associations controlled by unit or parcel owners other than the developers of those community associations; and

(2) at least one-third of the members must be lawyers whose practice focuses on the representation of developers or others structuring and creating condominium and planned developments. The board of legal specialization and education will appoint an eligible lawyer if there is no eligible lawyer with the required focus practice area willing to serve. New subchapter added January 21, 2016; effective March 21, 2016; amended and effective December 4, 2020 by The Florida Bar Board of Governors.