This is the most commonly used phrase to answer a hypothetical legal question related to community association management.
When I first got into this business, I would get frustrated when association attorneys would respond with this answer. However, I ultimately realized that this was the perfect, most appropriate answer for most questions. This is because it is nearly impossible to answer many legal questions without a very detailed explanation of the situation AND a thorough understanding of the documents of the community in question.
This is also an important reminder of why we need attorneys so much in this business. Potential conflicts or gray areas may exist among all the different sources of rules, codes and laws. Even if you have a good understanding of Chapter 718 (Condominiums) and 720 (Homeowner Associations) of Florida Statutes and your own communities governing documents (Declaration, Articles of Incorporation, Bylaws and Rules & Regulations), you still may get blindsided by:
- National Law, e.g. Americans with Disabilities Act (ADA)
- Local Laws and Codes, e.g. County Fire and Life Safety Code
- Other Florida Statutes, e.g. Chapter 617 (Corporations Not for Profit), Chapter 399 (Elevators)
So, the next time your attorney answers with "It Depends", don't get frustrated, just be prepared to get into a lot more detail!
Disclaimer: I am not an attorney and this is not meant to be legal advice.