Manager or Lawyer? Where Florida Draws the Line for Community Association Managers

Jason Hamilton Mikes, JD, MBA
Founder & Managing Shareholder

• Published October 2, 2026
• Reviewed by Jason Hamilton Mikes, JD, MBA, October 2, 2026
• Florida Statutes as of July 1, 2026
• Applies to: Condominiums · HOAs · Cooperatives
• Written for: Community association managers

A Florida community association manager may do ministerial work — filling in statutory and state-agency forms, preparing estoppel certificates, drafting notices and agendas, and sending pre-arbitration demand letters that follow the statute — but may not give legal advice. Under The Florida Bar re Advisory Opinion – Activities of Community Association Managers, No. SC13-889 (Fla. May 14, 2015) (SC13-889), drafting amendments, contracts and construction lien documents, and interpreting statutes, case law or governing documents to reach a legal conclusion, are the practice of law.

The test the Court uses

The Florida Supreme Court applies the Sperry test: if a service affects important legal rights, and reasonable protection of those rights requires legal skill and knowledge greater than the average citizen's, it is the practice of law. For managers, the 2015 opinion turns that test into a practical question: does the task require interpreting statutes, administrative rules, governing documents or rules of civil procedure, or exercising discretion that affects legal rights? If yes, it belongs to counsel. If the answer can be read straight off the page, it is usually manager work.

The licensing statute points the same way. Section 468.431(2), Florida Statutes, defines "community association management" to include assisting with meetings, determining the number of days for statutory notices, calculating votes for a quorum or to approve a proposition or amendment, completing forms created by statute or a state agency, drafting meeting notices and agendas, preparing estoppel certificates, negotiating monetary or performance terms of contracts subject to association approval, and drafting prearbitration demands. That definition describes what licensed managers do. It does not authorize legal judgment; the 2015 opinion controls where those same tasks cross into law.

Why the line matters

• Unlicensed practice of law. Practicing law without a license is a third-degree felony under § 454.23, Florida Statutes. Good intentions and a helpful board do not change the analysis.
• Your license. DBPR may discipline a manager for violating Chapters 718, 719 or 720 while performing management services (§ 468.436(2)(b)8.) or for gross misconduct or gross negligence (§ 468.436(2)(b)5.). Penalties include fines up to $5,000 per count, suspension and revocation (§ 468.436(4)).
• The association's exposure. A defective amendment, an unenforceable lien, or a contract with a missing indemnity clause usually surfaces years later, when it is expensive to fix. The board relied on the manager; the manager relied on a template. That is the scenario this line exists to prevent.

Common manager tasks

"Holding (2015)" means the Florida Supreme Court approved that conclusion in SC13-889. "1996 opinion" means the 1996 conclusion as the 2015 opinion describes it. "Statute" means § 468.431(2) lists the task as community association management (a licensing definition, not a UPL ruling). "HM guidance" is Hamilton Mikes practice guidance — our view, not a holding.

Gray zones and how to handle them

Most "Depends" rows turn on the same question: can you get the answer without interpreting anything? A 14-day notice requirement stated plainly in the statute is a calendar exercise. A notice period that depends on whether an amendment is "material," which document controls when the bylaws and statute conflict, or whether a vote threshold is measured by "voting interests present" or "total voting interests" is interpretation.

Practical ways to handle the gray zone:

• Get a standing answer once. Ask counsel for a written memo on the recurring calculations for each association — quorum, election thresholds, amendment thresholds, notice periods — and then apply it. Applying counsel's answer is ministerial; inventing it is not.
• Use counsel-reviewed templates. Notices, proxy forms, violation letters and approval packets can be reviewed once and reused, as long as the facts and documents have not changed.
• Separate facts from conclusions. You can tell the board what happened, what the documents say, and what the deadlines are. Whether the association may act is the conclusion counsel should give.
• Say it out loud. When a director asks "can we do this?", the professional answer is "That's a legal question; let me get counsel's answer so you have it in writing."

How to hand off to counsel well

A clean handoff saves time and fees. Send:

1. The specific question, in one or two sentences, and the decision the board needs to make.
2. The deadline driving it (meeting date, statutory response date, vendor deadline).
3. The governing documents: recorded declaration and all amendments, bylaws, articles, current rules.
4. The relevant records: the contract or proposal, the owner's letter, ledger, photos, prior notices, minutes where the issue came up.
5. A short timeline of what has happened so far and who has said what.
6. Who at the board is authorized to receive counsel's advice, so privileged communications stay with the board.

Related resources

• Manager Resource Center
• Board meeting requirements compared: condo, HOA, co-op
• Official records compared: condo, HOA, co-op
• What to do when the association receives a demand letter
• Handling an owner records request
• Vendor contract review checklist
• Board resources

Talk to association counsel

If a task on your desk falls in the "Depends" or "No — attorney" column, a short call now is cheaper than fixing a document later. Call Hamilton Mikes, P.A. at 239-594-7227 or reach us through /contact/.