Condominium & Planned Development Law Board Certification by The Florida Bar

Rule 6-30.2(a) explains the definition for the term “community association” which is defined as 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.

The definition of “planned development” is listed as "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."

The term "Condominium and Planned Development Law" is defined as 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.

The minimum standards for certification in condominium and planned development law are explained in Rule 6-30.3. Those requirements include:

• at least five years of full-time law practice;
• substantial involvement in the practice of condominium and planned development law during the three years preceding application;
• peer review;
• completion of 50 hours of continuing legal education within the three years immediately preceding application; and
• a written examination demonstrating knowledge, skills and proficiency in the field of condominium and planned development law.