The unauthorized practice of law poses significant legal and financial risks to both community association managers (CAMs), board members, and the communities they serve. The Florida Supreme Court has consistently ruled on the boundaries of lawful conduct for non-lawyers, particularly in the context of community association management. These rulings underscore the importance of distinguishing between permissible administrative tasks and actions that constitute the practice of law, which require the expertise and authorization of a licensed attorney.
The practice of law is broadly defined to include the giving of legal advice, the preparation of legal documents that affect substantial rights, and the representation of others in legal proceedings. Activities such as drafting legal instruments, interpreting statutes or legal documents, and advising on the legal implications of certain actions fall squarely within this definition. Non-lawyers, including CAMs and board members, are expressly prohibited from engaging in these activities unless they are licensed attorneys.
While the courts have drawn clear lines around what constitutes the practice of law, they have also acknowledged certain activities that CAMs and board members may perform without overstepping legal boundaries. For example, CAMs and board members are permitted to perform ministerial tasks, such as completing standardized forms approved by the courts, provided these tasks do not involve legal judgment or advice. Additionally, CAMs may focus on administrative duties, and board members on governance, such as managing maintenance activities, overseeing day-to-day operations, and making decisions on community matters, so long as these duties do not require statutory or case law analysis to reach a legal conclusion.
To better safeguard against engaging in the unauthorized practice of law, CAMs and board members must adhere strictly to the roles that have been defined as non-legal in nature. This includes:
- Using Approved Forms: When required to complete documents, CAMs and board members should use only those forms that have been expressly approved by the courts for non-lawyer use and make sure they do not modify these forms in a way that requires legal discretion.
- Consulting Legal Professionals: When a task involves legal judgment, such as interpreting governing documents, advising on statutory requirements, or drafting legal instruments, CAMs and board members should defer to licensed attorneys. This ensures that the community association receives accurate legal guidance and reduces the risk of potential legal liability.
- Training and Awareness: Community associations should ensure that their CAMs and board members are well-trained and fully aware of the limits of their authority. Consultation with legal counsel can help clarify these boundaries and prevent inadvertent violations.
The unauthorized practice of law by CAMs or board members is a serious issue that can lead to significant consequences for the individuals involved and the associations they service. By understanding the limits of their role and seeking legal guidance, when necessary, CAMs and board members can effectively support their communities without crossing into activities that constitute the practice of law.
