Last Sunday a friend and I attended “The Price is Right Live,” hosted by Sarasota’s own Jerry Springer (whether we want to claim him as our own is something else, but OK.)
The event was not sold out, which sort of surprised me. If the production had been held in Tampa, his fan base surely would have turned out in droves, all chanting his name and begging for beads (plus willing to do whatever he asked for them) and the chance to air their dirty laundry on his show.
I knew it was going to be somewhat tame when I noted that no one was tailgating in the Van Wezel parking lot. Note to Jerry: Have Bubba the Love Sponge, the “shock jock” from Tampa, emcee next time.
I digress.
What made me think of that show is the issue of what people will do for trinkets. (No one there won more than $200.) Would you sit through a funeral-home presentation for a free lunch? Would you go to a legal seminar for, as one practitioner advertised, “coffee and dessert, along with a raffle with a $100 cash prize?”
In other words, when does “swag” become a bribe?
By “swag,” I mean goodie bags that community association directors might pick up at trade fairs, shows and other events.
What drew my attention was an amendment to Chapter 720 (the HOA law) dealing with “freebies.” It states that an officer, director or manager is not allowed to ask for, offer or accept any unpaid goods or services of value from any person providing or offering to provide goods and services to their association. The director, officer or manager’s immediate family also is disqualified.
So, if you are a volunteer director or officer, can you take home that freebie pen or pad of paper?
An exception to the total ban does exist. If you serve an HOA, the law allows a director, officer or manager to accept food at a business meeting (consumed on premises, of course) as long as the value is less than $25. Also exempted is any service or good received in connection with trade fairs or education programs.
Condo law does not contain the same so-called $25 “free lunch” exemption, although condo directors can pick up the freebies at the programs hosted by vendors. So feel free to take that “stress ball” or any other handout, most likely mass-produced in China. America may not make much swag anymore (Tervis Tumbler certainly excepted), but advertising is still the American way.
WHEN LAW PRACTICE GOES TO THE DOGS
I had the pleasure of talking to Michigan attorney Robert Meisner, who was recently quoted as asserting that he is “perceived by many as a leader or the leader in condo law.” Anyone who reads this column regularly (and thank you, by the way) knows that my response to that was, “Oh, really?” I had to learn more.
He is delightful man who winters in Naples and actually served on his condo board. I know from personal experience that an out-of-state attorney serving as a director (and almost without exception as the president) can be a tremendous asset — or occasionally a real pain. Don’t tell me how you “did it up north” and we are cool.
Bob has distinguished himself in one way by having “legal beagles,” his pets, in his office. One, Bailley, even has a blog and is listed on the firm website as an “assistant” who expresses her opinion on various legal issues from a dog’s perspective.
Bob said he would introduce me to the beagles over Christmas when he passes through Sarasota on his way to Naples. My luck, I will get bitten.
Lawsuit, anyone?
Tamela Eady is a Florida Bar board-certified real estate attorney with 25 years’ experience. She is an attorney with the the Law Offices of Kevin T. Wells PA in Sarasota, concentrating her practice on community association and real estate. The subjects discussed in her columns are not intended as specific legal advice to anyone and are subject to principles that may change. Questions may be modified for clarity or for brevity. Email questions for possible inclusion in a future column to teady@kevinwellspa.com.
