NE Florida CAI chapter - The Community Connection Vol. 7, Iss. 1

NEFLCAI.COM

VOLUME 7 - 1st Quarter 2020

Northeast Florida Chapter Community Associations Institute

Cover image supplied from the CDC/Alissa Eckert, MS; Dan Higgins, MAMS

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A Message from the President

Contact Information

42200 N Checkerberry Way St Johns, FL 32259 Www.neflcai.com info@neflcai.com 904-325-3441

2020 Board of Directors President David Robinson President-Elect Pilar Willis Dixon Secretary Leslie Pragasam Treasurer Carmen Mazzeo Directors at Large Cindy Dunlop Scott Francis Jesse Skinner Immediate Past President Catie Marks

This year hasn’t gone quite how we planned.

What started out with great membership turn out for the chapter's first luncheon, program, and happy hour has evolved to overcome the restrictions due to this virus. During this time of social distancing, I’m excited to be a witness to our Board, Committees, and Members coming together to keep our Chapter educating the community, as well as accomplishing the goals we set for 2020. This past week was filled with Webinars providing information about the current situation with COVID19, which has in turn revealed a new avenue of outreach with the potential to keep large numbers of members involved in future programing events. Our committees have continued to meet to ensure that once the distancing order is lifted, our chapter will hit the ground running. Our Expo committee continues to hold conference calls to compile all the information and resources needed to keep the events on schedule. (Due to the current situation we have postponed the reservation of sponsorships/booths.)

Our social and membership committees have been in contact with venues to reschedule events. Thank you to everyone who continues to participate or volunteer to educate. I look forward to seeing everyone in the near future.

Best Regards,

David Robinson David Robinson, First Coast Mulch 2020 President, CAI Northeast Florida Chapter

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*overview of credential requirements only **You must be an individual manager member or the primary contact for a management company member of CAI to receive the member discount on application fees ***The Certified Manager of Community Associations (CMCA) exam is provided by the Community Association Managers International Board (CAMICB). +Your company must be a management company member to receive the member discount on application fees for the AAMC accreditation.

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Membership Representation Groups Connecting to CAI National Did you know that each CAI membership category is represented to the CAI Board of Trustees by thirty chapter members elected to serve on Membership Representation Groups (MRGs)? The three MRGs – Community Association Managers Council, Homeowner Leaders Council, and Business Partners Council, members meet quarterly to represent each respective membership category, field and provide input on policy matters, make recommendations on education, best practices and designations to CAI staff and the Board of Trustees. I have the privilege of currently serving on the Business Partners Council and look forward to acting as a liaison to share your ideas on a national level. I am happy to connect managers and homeowner leaders with representatives for their MRGs as well. Florida is well represented with five MRG members from our state with a complete list of all MRG members located at https://www.caionline.org/ Leadership/Pages/CAI-Leadership.aspx The Board of Trustees, MRGs, CAI’s President, Tom Skiba, and staff members met during the Law Seminar in midJanuary to learn about CAI’s governance philosophies, strategize ways to enhance our members’ chapter experience, and discuss upcoming key initiatives including growing our international footprint. I sat next to a board member from the CAI Chapter of Dubai! It was such a rewarding experience to interact with so many bright folks from all over the world dedicated to CAI’s mission.

The Business Partner Council met to share best practices in facilitating the Business Partner Essentials class at each chapter. The class will give our business partners the ability to advertise their CAI Educated Business Partner distinction and learn tangible ways to maximize value from their memberships.

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Currently there are over 900 Educated Business Partners to date! Stay tuned for more information regarding NEFL CAI’s class planned for the fall.

I left the two-day meeting reassured that CAI’s leadership is in tune with the key needs of our chapters and the communities we serve. Having said that, your feedback and ideas will always be crucial as you experience firsthand the everchanging needs of our communities. It is so important that you speak up and give life to your ideas to ensure we maintain value and desirable benefits to our members. Please reach out!

Cindy Dunlop Cogent Bank CAI Business Partner Council Member 2020-2021 cdunlop@cogentbank.net

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Community Association Emergency Powers: Enforcing Emergency Shutdown of Common Areas

by Samuel B. Friedman, Attorney at Law Jimerson Birr

The global pandemic COVID-19 has entrenched itself on American soil. Many workplaces have been shut down, schools are closed, and people are quarantined in an effort to mitigate the spread of the virus through social distancing. Like employers, many Community Associations have placed safety first and used statutory emergency powers to shut down the common areas within the community such as a pool and gym indefinitely. However, not all common elements can be shut down by a lock and key. Many outdoor common elements without a door, roof, or fence, such as playgrounds, athletic fields, basketball courts, volleyball pits, etc. have been shut down by the Community Association, but there is no simple enforcement method to prevent people from accessing and using these common areas. In fact, during this time, as children are out of school, parents and workers are stuck at home, and most businesses are shut down, many residents are flocking to these common areas to pass the time throughout the day.

Many Community Associations have placed signs on these common areas stating that they are closed, however, in many instances, these signs have failed to deter owners, occupants, and guests from accessing these common areas and coming in close contact with others within the community. With that in mind, here are a couple of mechanisms Community Associations can use to enforce these common area shutdowns:

example, keeps using the common areas after being fined) provided that the aggregate does not exceed $1,000. Stat. § 718.303(3); 720.305 (2). Fines may be levied against owners, unit occupants, or guests. Id. However, the fine may not become a lien against a unit. Id. Community Associations may also suspend, for a reasonable period of time, the right of an owner, occupant, or guest for a reasonable period of time from use of these common areas.

Fla. Stat. § 718.303(3)(a); 720.305(2)(a). However, it should be noted that a ny f i ne or s u s p e ns i on r e q u ir e s process. Before a fine or suspension can be imposed against an owner, occupant, or guest, the community association must provide fourteen (14) days’ written notice of the impending sanction, and an opportunity for a hearing must be afforded to the alleged violator. If the proposed fine or suspension is approved, the fine payment is due five (5) days after date of the meeting at which the fine is approved. The community association must then provide written notice of such fine or suspension by mail or hand deliver to the owner, occupant, or guest.

In many circumstances, these common areas may be owned and/or managed by the Community Association. As such, the Community Association may enforce criminal mechanisms such as trespass on property and obtain the help of law enforcement to keep these common areas shut down and deter others from using the common areas while the shut down is still in place. Stat. § 810.08(1) provides that “Whoever, without being authorized, licensed, or invited, willfully enters or remains in any structure of conveyance, or having been authorized, licensed, or invited, is warned by the owner or lessee of the premises, or by a person authorized by the owner or lessee, to depart and refuses to do so, commits the offense of trespass in a structure or conveyance.” A sign on the common area indicating that it is off limits or providing notice to all of the members would constitute proper warning. If the Community Association does not outright own the property, it is most likely the entity authorized by the owner to enforce a trespass event.

Many communities afford common areas such as athletic fields, basketball courts, volleyball pits, etc. The Community Association can enforce the shut down of these common areas by removing the rim of the basketball goal, removing the net from the volleyball pit, or removing the goals from the field. Without the necessary equipment to use these areas, their purpose is rendered useless. Residents would be less likely to flock to a basketball court where they cannot play basketball, or a volleyball pit where they cannot play volleyball, etc.

Community Associations have the right to levy fines to those who fail to abide by the Declaration, Bylaws as well as Emergency Rules and Procedures imposed by the Community Association in the wake of the COVID-19 outbreak.

If this method is used as a mechanism for enforcement, no fine may exceed $100.00 per violation, although a fine may be levied on each day of a continuing violation (if an owner, for 8

WHAT TO KNOW ABOUT COVID-19, YOUR COMMUNITY, AND CAI CAI is monitoring the outbreak of the COVID-19 coronavirus and its impact on community associations. We are encouraging CAI members, chapters, and the community associations industry in general to follow the latest guidance and updates issued by the Centers for Disease Control and Prevention. CAI understands that members, homeowners, board members, community association managers, management company executives, and business partners may have questions about prevention, containment, classes, and events. It is important to recognize, however, that CAI, its chapters, and individual members are not health care professionals. The CDC and other qualified health officials should continue to be the primary source of current information and guidance.

CAI is offering general, precautionary guidance from officials and adding some common-sense guidelines for our industry.

What community associations can do.

Community associations should review or establish an emergency plan in consultation with legal counsel, insurance and risk management experts, and their manager. This plan could address whether it's possible to conduct association business remotely, how to handle common areas and amenities, anti-discrimination compliance, wage and hour laws if the associations employs staff, and communication with residents.

is possible. In-person meetings are almost always preferred because of the ability to discuss proposals, deliberate, and change minds. Most online and electronic voting simply permits an up or down vote on a proposal. There are circumstances in which a meeting is simply not possible, so it is worth considering what other options exist to transact business. In addition, state and local governments may be offering guidance or mandates regarding “group gatherings.” Community associations should check with the state or local health officials to determine if guidance or restrictions are in place.

Common areas and amenities.

Community associations control the common areas, and owners are responsible for their private property. If the virus becomes widespread, communities may want to consider:  Extensive cleaning, disinfecting, or wiping down of

common areas and common area surfaces

 Postponing or cancelling community events and

meetings

 Closing common areas and amenities, such as gyms,

clubhouses, and pools

 Installing hand sanitizer dispensers or wipes on

common areas for owner and guest use

Community association board members should consult with their professional partners, including community manager and attorney, on how best to handle preparing for and reacting to COVID-19.

Community associations are welcome to download and adapt a sample letter developed by CAI that covers some of the steps your community may take or has taken to address the COVID-19 outbreak. It has sections on association operations - cleaning, common areas and amenities, meetings and events, social distancing, and staffing - and what the association may do if residents contract COVID19. You are encouraged to fit the letter to your needs, filling in the appropriate details (see bracketed and highlighted areas) or picking and choosing certain sections that apply in your community.

Wage and hour laws. If your community employs staff, it should review how and whether it will compensate employees in the event of an interruption to normal business operations.

Communication. Whatever your community decides to do regarding meetings, events, common areas, amenities, and other measures regarding COVID-19, you should clearly and consistently communicate with residents. Use your newsletter, website, email, social media, or bulletin board to inform and educate.

Meetings and events.

There are several methods by which association boards transact business in the absence of everyone gathering at the same time and location - some form of written consent, electronic meetings, or a vote outside a physical meeting. Community associations should contact their attorney and should review state statutes and governing documents to determine what 9

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Stop Chinch Bugs in Their Tracks.

Those yellow spots you see could be more than just dry grass.

Article submitted by Brightview

If you’re welcoming spring with open arms, you’re not the only one; the southern chinch bug is, too. These tiny insects can pack a mighty punch to your lawn, quickly transforming it from lush to languishing. It’s likely you’ve even seen a chinch bug infested lawn before but didn’t know it. That’s because the chinch bug’s damage closely mimics that of drought. Here’s how to make sure the chinch bug doesn’t fly under the radar at your property.

What You Can’t See Can Hurt You Chinch bugs have a distinctive appearance, which would be great if it were easy to see them. Measuring approximately 1/5” long, chinch bugs have black bodies and white wings marked by a black triangle.

Some can fly, while others have wings too short to allow it. But most importantly, all have piercing mouthparts that allow the chinch bug to not only suck sap from your grass, but also inject a toxin in the process.

These warm-weather-loving bugs are inactive in the winter, and begin reproduction come spring. One female can lay hundreds of eggs, which hatch in just a couple weeks. Like all babies, the nymphs have voracious appetites, accelerating damage to your lawn.

Chinch bugs are especially fond of St. Augustine but have also been known to nosh on zoysia grass, centipede grass, bahia grass, and bermudagrass. The thicker the turf, the more attractive they find it.

How to Spot the Chinch Bug’s Calling Card Spot chinch bugs in your lawn by looking through a magnifying glass for wilting grass blades, yellowbrown spots, and dried areas. Look for wilting grass blades, yellow-brown spots, and dried areas that have died. Areas along sidewalks and curbs, or portions of the turf that have poor irrigation coverage are where you’re mostly likely to see chinch bug damage first. If you suspect chinch bugs have taken up residence in your lawn, you might be able to spot them with a magnifying glass.

Alternatively, grab a metal cylinder or tube (such as a tin can with ends removed), and submerge it a few inches into the soil. Fill the cylinder with water and let it sit for 10 minutes. If chinch bugs are present, you’ll see them floating in the water. You might also see their nymphs, which are red or pink in color with a white stripe across the mid-section.

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Get Rid of Chinch Bugs (and Keep Them Away) The first step in preventing a chinch bug infestation is ensuring uniform irrigation coverage. Drought stressed lawns typically show damage soonest. Raise irrigation heads so they can spray the turf canopy without interference. It may also be necessary to add irrigation heads in areas with insufficient coverage. Next, consider applying preventative applications of a systemic insecticide during May and June. This treatment will provide 3-4 months of control and help prevent damage from occurring. If an active chinch bug population is found, immediate treatment with an insecticide will reduce damage. Most importantly, don’t fail to act.

Without treatment, infestations can result in significant turf loss and the need to install sod in damaged areas. And, let’s face it—that would put a real damper on your spring (not to mention your budget). But, with good irrigation management and preventative treatment, you won’t have to worry about the chinch bug sucking the life out of your lawn.

Spot chinch bugs in your lawn by looking through a magnifying glass for wilting grass blades, yellow-brown spots, and dried areas.

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Branch Banking and Trust Company is a Member FDIC and an Equal Housing Lender.

Loans are subject to credit approval. Only deposit products are FDIC insured.

© 2018, Branch Banking and Trust Company. All rights reserved.

Government Regulations Impacting Communities Due to COVID-19

By Dawn Bauman, Senior Vice President Government & Public Affairs at Community Associations Institute The COVID-19 outbreak came in like a lightning rod, shutting down our country in a matter of weeks. Nearly every state in the U.S. has declared a state of emergency. Health departments, not to mention hospitals, are overwhelmed, and dozens of states and localities have instituted stay-at-home orders mandating people not leave their homes.

Federal Government Action. Federal regulatory agencies have mandated moratoriums on mortgage foreclosures and evictions and instituted loan forbearance programs. Congress passed stimulus legislation impacting small businesses, employees, and individuals.

Click Here for information regarding FEDERAL GOVERNMENT ACTIONS during the COVID-19 pandemic and CAI’s analysis on how these actions impact community associations.

State Government Action. CAI is tracking state government action, and we’ve compiled the following information.  Emergency Declarations. A link to each state’s executive order that outlines the steps the state is taking to deploy resources to protect the health and safety of its residents.  State COVID-19 Resources. A link to the state’s health department or resource center.  Stay-at-Home Order. A link to state or local stay-at-home orders. CAI believes the stay-at-home orders permit the continuation of various essential services affecting the health, safety, and welfare of homeowners and residences, which includes the essential tasks of a community association manager.  Foreclosure Actions. A link to the federal, state, and local orders to temporarily suspend foreclosure actions.  Eviction Actions. A link to the federal, state, and local orders to temporarily suspend eviction notices.

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Association Contracts and the Coronavirus

By Patrick C. Howell, Attorney at Law Becker & Poliakoff

Despite efforts to contain the spread, the COVID-19 virus is already wreaking havoc on personal life and business dealings here in Florida. But are there legal ramifications for a community association that has a pending construction or renovation contract currently underway? Will the contractor be able to delay the completion of the contract, or even cancel the contract altogether? Is the association able to do the same? Depending upon the specific provisions in the contract, the answer to these questions may be “yes.”

“Force majeure” or “acts of God” clauses are provisions that are often included in construction contracts here in Florida. Such clauses generally protect the parties in the event that the contract or a part of the contract cannot be performed due to causes which are outside the control of the parties and could not be avoided by the exercise of due care. The relief that is requested is typically a suspension of the parties' obligations under the contract during the "force majeure" event and, if the event continues for a longer period of time, the right to terminate the contract.

coronavirus may have had on their contract as an epidemic, as well as the effect of government actions, including travel restrictions, quarantines, rationing of supplies, and stay-at-home orders. The party considering a claim should compile as much evidence as possible on the effects of these events before making a claim.

Should a contract not contain a "force majeure" or act of God clause, a party may still seek to rely on the doctrine of "impossibility of contract.” However, this doctrine will only be available in limited circumstances where performance of the contract has become truly impossible, or where there has been a change of circumstances so fundamental that it would be unjust to hold the parties to their original agreement. Where the doctrine is deemed to apply, the contract will terminate and the parties will be released from all future obligations.

Finally, it is important to consider that effects associated with the coronavirus may trigger other contractual provisions, for example provisions entitling a party to claim extensions of time for the final completion of the project or more money because of the extension of the contract.

Bonds and insurance policies related to a project may need to be extended, and workers may remain on the project longer, which can be costly.

In order to obtain this relief, a party to the contract will need to prove that the event that has materially impacted or rendered impossible the performance of the contract, falls within the definition of "force majeure.”

Secondly, the party will need to comply with any notice provisions and other preconditions that may be referenced in the contract. These preconditions may require that the parties to the contract take reasonable steps to mitigate the losses caused by the event.

To maximize the chance of obtaining relief under a "force majeure" clause during this current pandemic, a party to a contract should consider both the direct impact the 16

In sum, any association that is in the midst of a contract may want to review their options during this crisis. Associations may also be approached by a contractor seeking to pause or even end a pending contract.

Either way, the association should consult with their legal counsel to go over all of their legal options.

Basic protective measures against the coronavirus

(Information provided by the World Health Organization)

Stay aware of the latest information on the COVID-19 outbreak, available on the WHO website and through your national and local public health authority. Most people who become infected experience mild illness and recover, but it can be more severe for others. Take care of your health and protect others by doing the following: 

Regularly and thoroughly clean your hands with an alcohol-based hand rub or wash them with soap and water.

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Maintain social distancing of at least 1 meter (3 feet) distance between yourself and anyone who is coughing or sneezing. When someone coughs or sneezes they spray small liquid droplets from their nose or mouth which may contain virus. If you are too close, you can breathe in the droplets and the COVID-19 virus.

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Avoid touching eyes, nose, and mouth. Hands touch many surfaces and can pick up viruses. Once contaminated, hands can transfer the virus to your eyes, nose or mouth - and the virus can enter your body and can make you sick.

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Practice respiratory hygiene. Make sure you, and the people around you, follow good respiratory hygiene. This means covering your mouth and nose with your bent elbow or tissue when you cough or sneeze. Then dispose of the used tissue immediately as droplets spread the virus.

If you have fever, cough and difficulty breathing, seek medical care early and stay home if you feel unwell. If you have a fever, cough and difficulty breathing, seek medical attention and call in advance. National and local authorities will have the most up to date information on the situation in your area. Calling in advance will allow your health care provider to quickly direct you to the right health facility. 

Stay informed on the latest developments about COVID-19.

Follow advice given by your healthcare provider, your national and local public health authority or your employer on how to protect yourself and others from COVID-19. National and local authorities will have the most up to date information on whether COVID-19 is spreading in your area. They are best placed to advise on what people in your area should be doing to protect themselves. 

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Coronavirus (COVID-19) & Your Association: Tips for a Proactive Response

By McCabe/Ronsman, Attorneys at Law

Since the introduction of COVID-19 into our state, government entities, businesses, community associations, and citizens have been monitoring news sources, government communications, and health care professional communications to learn more about the virus, its potential health and economic effects, and potential mitigation measures available. Finding the line between an over reactionary and proactive, prudent responsive course of action can be difficult given the state of information regarding COVID-19, which is developing daily. Although the rights and powers of each community association are dependent, at least to some degree, on the contents of its governing documents, there are measures that can be considered at this stage in an effort to mitigate the potential effects of COVID-19 on your homeowners’ or condominium association and its members. Here are some ideas for the board of a homeowners’ or condominium association to consider in preparation for, or response to, COVID-19: 18

Stay Informed. Information about the virus and its potential and anticipated effects is developing daily.

Continue to periodically review reliable sources of information so you can tailor your degree of preparation and response accordingly, and encourage your residents to do the same.

Obtain Contact Information for Residents. Although the circumstances are unfortunate, the current situation can be used as an opportunity to obtain contact information for your community’s residents.

Consider disseminating a form for association members and residents to complete and return to provide contact information, and preferably, an email address to facilitate prompt communication. The form could include a check or initial box indicating the member’s agreement to receive association official notices and other communications via email to the address provided.

Also, although a member’s consent to receive official notices must be “written,” members could be encouraged to submit a copy of the contact form electronically to the association in addition to mailing a physical, written copy to allow for the mailed copies to be opened and incorporated into the association’s official records later (if exposure to the virus by the person who would otherwise open the mail is a concern).

Consider Limiting Common Area Occupancy & Use. Consider adopting rules limiting the number of simultaneous occupants or users of common areas and facilities.

Recommendations of the number of occupants of facilities continue to change, and sources have not appeared to reach a consensus on occupant limitations, but the general goal is to limit large gatherings of people and limit the proximity of people to each other to curb the spread of the virus. However, do not attempt to regulate use of common areas and facilities based on age or national origin.

Consider Increasing Frequency & Scope of Common Area Cleaning. Consider increasing the frequency and scope of cleaning and sanitizing of the common areas and facilities, which could be based on the types of facilities your association operates. For example, it would be reasonable to increase the frequency and scope of cleaning of an exercise facility and equipment to a greater degree than an infrequently used clubhouse.

Consider Encouraging Residents to Limit Guest Visits. At this stage, we do not recommend attempting to limit rentals of dwellings aside from what your association’s governing documents otherwise provide for the regulation of rentals.

However, it may be prudent to encourage residents to limit guests, particularly for condominiums with common points of entry used to access units. Similarly, we recommend exercising caution in attempting to implement any new tenant screening procedures or asking questions to determine a prospective tenant’s potential exposure to COVID-19. Even if motivated by a sincere, good faith desire to protect the association’s membership, the “wrong” question could subject your association and its directors, officers, and managers, to liability for discrimination.

Encourage Residents to Contact Emergency Services, the CDC, or the Florida Dept. of Health.

Residents should be encouraged to contact emergency services (911) if they believe an emergency exists. Also, consider informing residents of the 24/7 call centers which have been established to address COVID-19 related questions. The CDC call center phone number is: (800) 232-4636. The Florida Dept. of Health call center phone number is: (866) 779-6121.

Encourage Residents & Guests to Practice “Social Distancing.” Generally, the more we can limit contact with each other as a society, the better we can mitigate the exposure to, and effects of, the virus. Accordingly,

consider discouraging gatherings in common areas and facilities, and consider instructing any association employees or agents to refrain from physical contact with residents and guests, including disease-spreading social conventions such as shaking hands.

Consider Postponing or Adjusting Membership Meetings & Election Procedures. Your association’s options for conducting a membership meeting or election may be limited or otherwise affected by the contents of the governing documents, so you are encouraged to communicate with legal counsel to discuss the options that may be available to your particular association.

However, in general, you should consider postponing or adjusting the process by which your association conducts any membership meetings or elections. For example, your association may be able to conduct an election electronically (or partially electronically) or may be able to conduct an election in a manner that does not require attendance at a physical meeting location (e.g., balloting by mail).

Consider Adjusting Board Meeting Procedures.

Again, your association’s options for conducting a board meeting may be limited or otherwise affected by the contents of the governing documents, so you are encouraged to communicate with legal counsel to discuss the options that may be available to your association.

Generally, though, your Board may be able to conduct a meeting in a manner that does not require personal attendance at a physical location (e.g., via teleconference or videoconference). Further, strategies may be available to satisfy the legal requirements for holding a board meeting while providing additional, more practical alternative methods for members to exercise their rights to attend and participate at board meetings.

Communicate with Legal Counsel before Attempting to Exercise Emergency Powers. Although a state of emergency has been declared at the federal and state levels, that does not necessarily mean that your association may exercise emergency powers that may be provided by law. Accordingly, you are encouraged to communicate with legal counsel before attempting to exercise an emergency power, such as requiring evacuation or outright prohibiting the use of association or condominium property.

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Thank you to our 2020 Medallion Sponsors ***** Platinum Sponsors ***** Ansbacher Law Alliance Association Bank Angius & Terry LLP Ball Janik Cogent Bank Empire Works Construction SOLitude Lake Management Valley National Bank

**** Gold Sponsors **** BB&T Community Advisors Florida Waterways McCabe - Ronsman

** Silver Sponsors *** Becker & Poliakoff Down to Earth

*** Bronze Sponsors ** Castle Group Dehlinger Construction

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