Quick Answers
- Who needs a CAM license: Anyone paid to manage an association with more than 10 units or an annual budget over $100,000, under section 468.431. Management firms need their own license.
- Where the line comes from: Section 468.431(2) lists what managers may do, and two Florida Supreme Court advisory opinions, from 1996 and 2015, define what crosses into the practice of law.
- CAMs can: Prepare estoppel certificates, draft meeting notices and agendas, tally quorum and votes, collect amounts due before a lawsuit is filed, complete statutory forms, and draft routine violation letters.
- CAMs cannot: Draft claims of lien or amendments to governing documents; analyze governing documents, association contracts, statutes, or case law to reach a legal conclusion; modify proxy forms in ways that require legal discretion; draft payoffs after an account has been turned over to collections, or responses to disputes over amounts owed; or draft vendor contracts.
- The test: Filling in facts is ministerial and generally allowed. Interpreting statutes, rules, or governing documents to decide legal rights is the practice of law.
- Why it matters: Unlicensed practice of law is a crime in Florida, and a lien or amendment prepared by a nonlawyer can be challenged, which delays collections and votes.
- Best practice: A written hand-off protocol between the manager and association counsel, set before a problem arises.
Managing Associations and Need Counsel You Can Hand Off To?
We work with boards and community association managers throughout Florida.
Community association managers run the day-to-day operation of Florida’s condominiums and HOAs, and boards lean on them for almost everything. That reliance creates steady pressure to have the manager handle tasks that legally belong to an attorney, usually to save a fee. The Florida Supreme Court has drawn that line twice, and the Legislature has written its own list of manager duties into statute. This page lays out where the line sits today, written for licensed managers, management firms, and the boards that hire them.
Who Must Be a Licensed CAM in Florida
Under section 468.431(2), community association management means certain practices requiring specialized knowledge, judgment, and managerial skill, done for pay, when the association or associations served contain more than 10 units or have an annual budget over $100,000. Those practices include controlling or disbursing association funds, preparing budgets and financial documents, and assisting with the notice or conduct of association meetings.
- Individual managers performing those services must hold a community association manager license from the Department of Business and Professional Regulation (DBPR).
- Management firms responsible for associations above the threshold must hold a separate community association management firm license under section 468.432.
- Clerical staff performing ministerial tasks under the direct supervision of a licensed manager, and maintenance staff who do not perform management services, do not need a license.
- Online account updates. Managers must keep their DBPR online licensure account current with the firm they work for and each association where they are the designated onsite manager, updating it within 30 days after any change.
A CAM license is not a law license. It authorizes management, and it does not authorize legal work for the association. The same is true of a real estate license: DBPR has stated that a real estate license does not permit someone to perform community association management services, and neither license permits legal work.
Where the Line Comes From
In its 1996 advisory opinion on community association managers, the Florida Supreme Court held that manager activities requiring the interpretation of statutes, administrative rules, governing documents, or rules of civil procedure are the practice of law. In 2015, in case number SC13-889, the Court approved a second opinion from The Florida Bar’s Standing Committee on the Unlicensed Practice of Law. That opinion confirmed the 1996 rulings and answered 14 new questions.
Separately, the Legislature amended chapter 468 in 2014 to list specific tasks within community association management, including determining the number of days required for statutory notices, determining and collecting amounts due before a civil action is filed, calculating votes, completing statutory forms, and preparing estoppel certificates. The statutory list and the Court’s opinions largely line up, but not perfectly, which is why the gray areas below matter.
What a CAM Can Do
| Task | Basis |
|---|---|
| Calculate and prepare certificates of assessment and estoppel certificates, and respond to requests for them | Section 468.431(2); 1996 and 2015 opinions |
| Prepare certificates of assessment even after an account goes to the association’s lawyers, a foreclosure begins, or the owner disputes the amount in writing | 2015 opinion |
| Draft meeting notices and agendas | Section 468.431(2) |
| Calculate the votes needed for a quorum or to pass a proposition or amendment | Section 468.431(2); 2015 opinion, when no legal interpretation is required |
| Determine straightforward amounts due and collect them before a civil action is filed, such as 30 day Notices of Late Assessment (NOLAs) | Section 468.431(2) |
| Complete forms created by statute or by a state agency | Section 468.431(2) |
| Draft condominium prearbitration demands under section 718.1255 | Section 468.431(2); 2015 opinion |
| Negotiate monetary or performance terms of a contract, subject to board approval | Section 468.431(2) |
What Requires an Attorney
| Task | Why it is the practice of law |
|---|---|
| Drafting a claim of lien or a satisfaction of claim of lien | Creates or releases real property rights and requires a legal description. Held to be the practice of law in 1996 and confirmed in 2015. |
| Drafting amendments to the declaration, bylaws, or articles that members will vote on | Changes the legal rights of every owner. 2015 opinion. |
| Preparing construction lien documents such as notices of commencement and lien waivers | A technical area of law affecting property rights. 1996 and 2015 opinions. |
| Drafting, reviewing, or substantially preparing contracts, such as management, construction, or cable contracts | Legal instruments that obtain, secure, or give away legal rights. 2015 opinion. |
| Analyzing statutes or case law to reach a legal conclusion | The core definition of practicing law. 2015 opinion. |
| Advising the board on the legal consequences of approving or rejecting a prospective owner or tenant | Legal advice, even when the manager may draft simple approval documents. 2015 opinion. |
The Gray Areas: Applying the Ministerial Test
For several tasks, the 2015 opinion said the answer depends on whether the work is ministerial (filling in facts) or requires legal judgment.
- Notice periods. Counting days for a statutory notice is fine. Deciding which notice rule applies when statutes and governing documents conflict requires a lawyer.
- Limited proxy forms. Inserting the association’s name or a simple yes or no question is ministerial. Drafting more complex changes that involve discretion in phrasing is not.
- Approval documents. Simple, ministerial documents on the association’s right to approve new owners may be prepared by a manager, but the manager may not advise on legal consequences.
- Pre-lien letters. Searching public records to list owners is ministerial. Deciding who legally must receive a pre-lien letter is the practice of law.
- Vote counts. Counting votes and quorum is allowed, unless the count depends on interpreting conflicting provisions of law or the governing documents.
Collections: Where the Line Gets Crossed Most
Delinquent assessments are where boards most often push managers past the line. The manager can track balances, send ministerial reminders, determine amounts due, and collect before a civil action is filed or a matter is turned over to collections. A manager can prepare NOLAs where the balances are straightforward. Once the association needs a notice of intent to record a claim of lien, the lien itself, statutory notices whose content and timing involve legal judgment, or a foreclosure, the file belongs with counsel. A lien prepared by a nonlawyer is an easy target for the owner’s attorney to challenge, and a defective lien can unwind months of collection work.
The line is not about which document is involved but about who is exercising legal judgment. A manager can complete a state form for a matter that is legally complex, and a manager cannot draft even a short amendment, because the amendment changes owners’ rights and the form only records facts.
The managers and boards who never have a problem settle this in advance with a written hand-off protocol: which tasks the manager handles, which trigger a call to counsel, and who approves the spend. That protects the manager’s license and the association’s collections at the same time.
Why Crossing the Line Is Costly
The unlicensed practice of law is a crime in Florida under section 454.23. Beyond that exposure, the practical damage is usually to the association. Liens, amendments, and contracts prepared without a lawyer get challenged, and a successful challenge means redoing the work and losing time. Recent legislation has also raised standards for managers. The 2025 condominium law allows an association to terminate a management contract if the manager’s license is suspended or revoked.
Need association counsel your manager can work with?
Kelley, Grant & Tanis represents condominium and HOA boards throughout Florida and works directly with their managers, with Kara Tanis leading the firm’s association law practice. Call (561) 672-1161 or contact the firm. Related reading: the Florida association compliance calendar and Florida Statute 720 explained.
Frequently Asked Questions
Can a community association manager file a claim of lien in Florida?
No. The Florida Supreme Court held in 1996, and confirmed in 2015, that drafting a claim of lien or a satisfaction of claim of lien is the practice of law. It must be prepared by a Florida attorney.
Can a CAM prepare an estoppel certificate?
Yes. Section 468.431(2) expressly includes calculating and preparing certificates of assessment and estoppel certificates and responding to requests for them.
Can a CAM draft an amendment to the declaration or bylaws?
No. The 2015 advisory opinion held that drafting amendments to the declaration, bylaws, or articles that members will vote on is the practice of law. A manager can calculate the votes needed to pass the amendment.
Can a CAM review or draft a vendor contract for the association?
A manager can negotiate monetary or performance terms subject to board approval. Drafting, reviewing, or substantially preparing the contract itself is the practice of law under the 2015 opinion.
Can a CAM send a prearbitration demand letter?
Yes, for the condominium prearbitration demand required by section 718.1255. The 2015 opinion treated it as ministerial, and section 468.431(2) lists drafting prearbitration demands as a management task.
Can a CAM tell the board whether a rule or fine is enforceable?
Not as a legal conclusion. Interpreting statutes, governing documents, or case law to decide whether a rule is enforceable is the practice of law. The manager can gather the facts and documents for counsel.
Does our association need a licensed CAM?
If you pay someone to perform management services and the association has more than 10 units or an annual budget over $100,000, that person needs a CAM license. Management firms above the threshold need a firm license as well. The tricky part is that budgets can vary from year to year. What used to be ministerial work by an office administrator for an association operating under $100,000 annually may turn into CAM licensed work the following year, depending on the budget.
Can a CAM collect delinquent assessments?
Yes, up to a point. A manager can determine amounts due and collect them before a civil action is filed, and can prepare the NOLA. Drafting a notice of intent to record a lien, recording a lien, legal collection notices that require judgment, and foreclosure belong with association counsel.
Can a condominium board end a management contract if the manager loses their license?
Yes. The 2025 condominium law allows an association to terminate its management contract if the manager’s license is suspended or revoked. Boards should still have counsel review the contract’s termination terms before acting.
What happens if a CAM practices law without a license?
The unlicensed practice of law is a crime in Florida under section 454.23. The documents involved can also be challenged, which can invalidate liens or amendments and delay the association’s goals.