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THE COMMUNITY CONNECTION SIGNS, SIGNS EV ER YW HE RE IN THIS ISSUE: SI Painting GN Good Board Members S Construction Defects Cool Weather Ahead Landscaping Political Signs and Flags Protest Signs And More
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contact information 10950-60 San Jose Blvd., #182 Jacksonville, FL 32223 ced@neflcai.com
upcoming events
2022 board of directors President - Jesse Martinez-Skinner, CMCA, AMS, Manager Associa CMC Jackonsville President-Elect - Leslie Pragasam, CMCA, EBP Business Partner Angius & Terry
November 10 - HOA/Condo Board Certification December 1 - Winter Gala January 12 - Annual Meeting
Secretary - Zenzi Rogers Manager Lennar Treasurer - Bob Chamberlain, Volunteer Leader Edgewater at Sunbeam Director/Past President - Pilar Willis Dixon, CIC, CIRMS Business Partner Brown & Brown Insurance Director - Kate McAdams, EBP Business Partner Performance Painting, Business Development Director - Catie Marks Manager May Management Chapter Executive Director - Robin Miller NEFLCAI NEFLCAI provides education, networking, resources, and advocacy for Community Associations in Northeast Florida and the professionals who serve them.
2022 committees Membership Kate McAdams- Board Liaison and Chair Social Catie Marks - Board Liaison Program Pilar Willis Dixon - Board Liaison Ed Ronsman - Chair EXPO Robin Miller - Executive Director/Chair COMMUNICATIONS Robin Miller - Executive Director/Editor Leslie Pragasam - Chair GALA Robin Braddock - Chair
If you're interested in being on a committee for 2023, we'd love to have you. Please reach out to our Executive Director Robin Miller to get connected. ced@neflcai.c om
letter from the president WRITTEN BY JESSE MARTINEZ-SKINNER, CMCA, AMS ASSOCIA CMC JACKSONVILLE
Hi everyone How is it possible that we are already in November and my presidency is already coming to a close? This will be my last official letter as your president, but I will be providing year-end closing remarks at our Annual Meeting on January 12 at Maggiano's. That said, I wanted to say thank you to all of you, our members, for making this a stellar year. We've had great educational events, fun social events, an amazing EXPO, the Educated Business Partner course and so much more. But, we're still going strong. We have a Board Certification course later this month, and our Starry Night Winter Gala on December 1. Our Programs Committee is already hard at work planning programs for this coming year, and if you are a CAM or an HOA/Condo Association Volunteer, please take the survey that recently went around and is going to circulate again. Your feedback is invaluable to our efforts in providing you a custom exper-
As an additional sponsor benefit, click on each sponsor's ad to be taken to their website and learn more about their company.
ience that best serves your needs. I'd also like to thank our generous and loyal sponsors who really help make all of this work. Please get a chance to know them if you haven't already. Additional thanks to our board, committees and our executive director. We are so fortunate to have so many great people. After all, that's what it's all about, isn't it? Best Jesse PS. If you're interested in 2023 sponsorship, email Robin Miller at ced@neflcai.com.
Articles in this publication are courtesy of individual and company contributors and are independent views of that company.
ALL THE SIGNS POINT TO THE FACT THAT WE'RE GROWING WE WELCOME OUR NEW MEMBERS
Welcome to our new members for September and October.
William Andrews Lowe, Manager Member Stephan Ward-Smith, AquaGuard LLC, Business Partner Member Lisa Sullivan, Banning Management Inc., Manager Member Lisa Nichols, Community Management Concepts of Jacksonville, Manager Member Patricia DuBuque, Encore Bank, Business Partner Member Rafael Perez, Ray Engineering, Inc., Business Partner Member David Bonewell, Villages of Villanova Homeowners Association, HOA Volunteer Member
2022 OUTSTANDING NEIGHBORHOOD OF THE YEAR NOMINATE YOUR OWN OR ANOTHER HOA TODAY Visit www.neflcai.com/events to apply Deadline: November 15 Winner will be recognized and celebrated at our Awards Celebration & Gala on December 1
NEFLCAI - 2022 Platinum Sponsors Click their logo to go to their website.
NEFLCAI - 2022 Platinum Sponsors Continued Click their logo to go to their website.
NEFLCAI - 2022 Platinum Sponsors Continued Click their logo to go to their website.
NEFLCAI PRESENTS
A Starry Night Holiday Gala! December 1, 2022 6:00pm-8:30pm Deercreek Country Club 7816 McLaurin Road North, Jacksonville
Buffet, Cocktails, Music $65/Ticket $500/Table of 8 Includes two drink tickets
Written by: Tara Tallasken, Vesta Property Services
Landscaping is like artwork; each homeowner’s yard has the power to show unique and beautiful expressions. The act of landscaping can be defined as maintaining the environment around one’s house to keep everything neat and lively. It’s important to maintain your yard and identify signs, as it can enhance the quality of life in nature as well as your property’s aesthetics. For example, consistent landscaping can help improve the nature of wildlife. As for property aesthetics, having an organized yard can provide your home with the unique beautification to make it stand out, which in turn, can increase your property value. Here are a couple of practice tips and signs to look for: Irrigation is one of, if not the most important practice of maintaining your yard. In fact, more yards are damaged through improper irrigation than any other landscaping factor. Overwatering can immensely harm your grass as it uproots the plant, causing it to grow in unstable soil conditions.
For grass to be healthy and thriving, it needs to have deep roots within the soil. Instead of watering your grass every day, try practicing grass ques. As in, observe your grass for specific signs. Specific signs to look for: Discoloration Blade deformation Visible imprints Allowing for observation can help your landscaping significantly through your grass having time to develop strong roots and intake the proper nutrients before being watered. If you have sprinklers, try to irrigate your lawn around sunrise. This will give the grass a sufficient amount of time to dry throughout the day to increase their immune system. After showering, we dry off to prevent becoming sick, similarly, grass needs time to dry off from irrigation to decrease pollutants and diseases. An additional landscaping practice to implement is fertilization. Plant fertilizer is beneficial to lawn health as it nourishes the grass with many nutrients and helps protect against weed growth. LANDSCAPE, CONT'D PAGE 12
Signs You Might Need New Paint WRITTEN BY: KATE MCADAMS, PERFORMANCE PAINTING
Contrary to popular belief, painting exterior surfaces regularly go beyond aesthetics. When done right, a paint job will preserve the value of your property and protect it from the outdoor elements. But how do you know when your community needs a new coat of paint? If you’re unsure, here are three telltale signs that indicate it’s time to repaint your community. 1. Fading color – Loss of color due to prolonged exposure to UV radiation may not seem like a serious issue. But sunlight not only affects paint pigments; it also affects the molecular structure of coatings, gradually degrading them. Therefore, exterior surfaces looking dull and washed out are the first indication that the paint film is deteriorating. If your community’s exterior has faded, it’s time to call in an experienced painting contractor. Good to know: Bold, darker shades tend to fade more quickly than light colors. Because colors fade progressively, identifying how much fading has occurred can be difficult. One way to determine the degree of fading is to check the original sample or leftover paint against the existing paint film. In Florida, the southern sides of buildings are exposed to fiercer UV rays than north-facing surfaces. As a result, the surfaces with southern exposure fade and deteriorate faster. Sometimes, color fading is caused by chalky residue. Excessive chalking erodes the paint film until it no longer provides an effective barrier against the elements. If there’s any chalky residue on your exterior surfaces, consider it a warning sign to repaint. PAINTING, CONT'D NEXT PAGE 12
LANDSCAPE, CONT'D
However, it’s crucial to read the instructions on the bag to truly comprehend the correct amount needed. Applying an excessive amount of fertilizer can ultimately damage your lawn through pollution. Some common over-fertilization signs to look for: Crusts on the soil Lack of lawn growth Discoloration of the lawn and roots Visual fertilizer burns Overall, understanding what signs to look for when caring for your lawn is beneficial to your property’s value, as it can determine what your lawn needs. Observing these signs can help you create a healthy lawn that can bloom and become vibrant, making your property even more beautiful!
PAINTING, CONT'D
2. Cracking or peeling paint – If you observe any areas of cracking or peeling paint, you should consider repainting. These areas will continue to deteriorate as they’re exposed to moisture, water, and the sun’s heat. With exterior surfaces that have been damaged, waiting too long increases the risk of exposing the structure of your property to the elements. Eventually, you’ll be faced with many costly repairs. Good to know: If your paint film is cracking, peeling, or flaking off, it’s no longer able to protect the structural integrity of the walls. When this happens, the bare wood will be exposed to wood-destroying fungi, which can jeopardize the structural soundness of your house. Repairing peeling or cracking paint or painting your entire community every few years is less expensive than fixing structural damage. 3. Mold and water stains – Mold, mildew, and water stains are some common, persistent problems in Florida. But stains aren’t just unsightly; they can also be a symptom of a much bigger issue and a potential health hazard. Hence, our professional paint contractors advise you to properly identify and address the underlying causes of mold, mildew, and water stains and repaint as soon as possible. Good to know: Always use the right chemicals to get rid of mildew and mold. Painting over mold spores will only make the problem worse, even when the right anti-mold paint products are used. There are many different causes of water stains and mold growth. If you intend to repaint, make sure you check for burst water pipes, roof leaks, clogged gutters, and cracks in walls first. Your exterior paint job may still look good after several years. But don’t forget that each coating system has a predefined life span. While most high-quality paints last between 7 and 10 years, the life expectancy of less expensive products doesn’t exceed 6 years of service. If you know the type of paint used in your current paint job, make sure you repaint your community before the coating reaches the end of its life, even if there are no visible signs of deterioration.
WRITTEN BY: LESLIE PRAGASAM, ANGIUS & TERRY LLP CONSTRUCTION DEFECT ATTORNEYS
You may be a brand-new CAM with very little experience or a seasoned CAM with years of experience and knowledge. But do you know what to do if you come face to face with construction defects within your newly turned over community? Do you know what to look for? Do you know what to do or, better yet, what NOT to do? First, let’s define what a construction defect is. A construction defect is usually defined as any flaw in the design, workmanship, or materials of a structure which results in the failure of the building components. Let’s now have a look at a few of the most common construction defects facing communities: ·Roof Leaks – Are your owners calling with leaks in their units or water stains on their ceilings? New, properly constructed roofs should not leak. Cracking Concrete – This could be a sign of a defective foundation. Visible cracks in concrete could be a sign of structural issues, which could potentially cause permanent damage to the property and its value. Faulty Windows – An ill manufactured or inadequately installed window could cause leaks that could lead to significant structural damage. Flooring – If flooring is improperly designed or installed, it could also lead to damage. Water can enter through small cracks and cause significant additional property damages. Cracked or Delaminating Stucco – Delamination can lead to extensive cracking, which in turn could lead to water intrusion and significant damage to the foundation. CONSTRUCTION DEFECTS, CONT'D NEXT PAGE
CONSTRUCTION DEFECTS, CONT'D
Those are just a few examples of construction defects, but there are many more. What should you do if you suspect you have an issue? First, contact an attorney to assist with the evaluation of a potential claim. Specifically, you should consider a firm that specializes in construction defects. Your counsel will then retain a forensic engineer to thoroughly inspect the community and provide detailed inspection reports. If construction defects are identified at your community, a pre-litigation notice of claim, required by Chapter 558 of the Florida Statutes, must first be sent to the builder and developer before a lawsuit can be filed. And there are other specific issues and requirements that a competent construction defect firm can help you navigate. While the process can be daunting, and maybe a little scary, a great team of attorneys and construction experts in your corner will help make this process much easier.
Figure 1: Example of Delaminated Stucco and damaged structural framing
### This article is intended for informational purposes only and is not considered legal advice on any subject matter. Recoveries vary by case. Past recoveries are not necessarily an indication of what you may recover. Hourly fee and cost arrangements are available on a case-by-case basis.
Figure 2: Example of deteriorated structural framing due to water intrusion.
SIGNS THE COOL SEASON IS APPROACHING: WHAT TO EXPECT IN OUR LANDSCAPE WRITTEN BY: ALLYNE JONES, VERDEGO
As we enter November we start to see subtle changes happening in our landscape. The most noticeable is the lack of rain. We have left the rainy season behind us and are entering the drier part of our year. This should not translate into adding more irrigation to our landscape as plants, trees, grass and palms are starting to slow in anticipation of the cooler temperatures. As the temperatures get cooler, plants require less water than when it was hotter. The standard measurement of 1” of water per week is sufficient to maintain mature lawns, trees, palms and plants. Lawns do not require as much mowing this time of year due to the slowdown as well. St. Augustine Grass should be kept at 3”-4” and Zoysia at 2”-2.5”. In winter months, this may not require weekly cutting of grass. Often, after our first cold night the grass will turn brown. Most grass will recover nicely from cold temperatures once we start to warm up again. However, do not rush out and fertilize the grass too soon as you will only be feeding the weeds. Secondly, we start to see our deciduous trees changing.Some trees have started to turn color in advance of dropping their leaves. Some trees have
started to drop their leaves. These trees will continue to lose leaves throughout November and December and generally have finished by January. Deciduous trees likes elms, maples go dormant in the winter months and this is the time to prune them (if needed). Pruning this time of year prevents damage to the trees and also prevent the growth of “suckers”. Oaks, magnolias and other evergreen (do not lose leaves completely) trees may also be pruned in January and February if needed. Of course, if trees are causing a safety problem they should be pruned as it is deemed necessary. Crape Myrtles are often a topic of great controversy as to the correct thing to do. Traditionally many people feel the correct procedure is to routinely “top” the trees leaving large stem stubs. This is called “Crape Murder”. Properly placed Crape Myrtles are a low maintenance tree that requires little or no pruning. IF pruning is necessary the following guidelines are recommended: Prune for safety-weak branches or visibility – any time Prune to improve structure or alter shape- when trees are dormant in late February. Too early might stimulate growth that could be damaged by low temperatures. COOLER WEATHER LANDSCAPE, CONT'D NEXT PAGE
COOLER WEATHER LANDSCAPE, CONT'D
Prune to remove crossing or rubbing branches Prune to remove dead, damaged or diseased branches. Spring blooming plants such as azaleas, camellias, gardenias should not be trimmed now. They will be setting their flowers for the spring and trimming them significantly will definitely limit the flower production. These type plants can wait until they have bloomed in the spring. Camellias provide beautiful winter color for landscapes with the Camellia Sasanqua starting to bloom by the end of October and continues to about January. In January the Camellia Japonica starts blooming and continues until about March. Likewise, some variety of azaleas have started their fall bloom while others will put on a show in January and February. Perennials and summer annuals are starting to look weary.This time of year, as we move into our cool season, annuals generally get changed out from summer (or hot season) to cool season and list of plants suitable for this, changes as well.Plants used for winter color include such plants as geraniums, Alyssum, Dianthus, Dusty Miller, Pansies, Petunias, Snapdragons, and Violas. These plants thrive in the cooler temperatures and for the most part resist any frost damage that may occur from lower temperatures. Most palms do not suffer from any major changes in the winter months assuming they are in the right place/zone. Some south Florida palms do not fare well in our part of the world because of the lower temperatures. However, palms also require maintenance to help them hold their beauty as well as fertilizer to help them get through the colder temperatures.Palms are completely different from trees and should be treated the same. The practice of removing too many fronds from palms and marketing them look like “giant carrots” can put a palm into distress and combined with colder temperatures, can cause serious issues. It is
not preferable to remove live, healthy fronds as this results in the removal of foliage needed for photosynthesis. Most palms should have foliage that is at least at a 9-3 level and some like Sabals should have foliage that is 360 degrees. All tropical plants like Crotons, Ti plants, Hibiscus to name some popular ones are highly susceptible to cold temperatures. In our part of the world, we can experience a couple of types of freezing. Radiational freezes or frost occur on calm, clear nights when heat radiates from the surface of objects into the environment. This is what deposits frost on the ground. The second type is adjective freezes which occur when cold air masses cause a sudden and significant drop in temperature. Winds are often associated with this type of freeze. Avoid too much fall pruning on sensitive plants as this will create a flush of growth and the new growth will be very susceptible to cold injury. Plants can be protected by a. Bringing inside if in containers B. Mulching the ground under plants help protect the roots. C. Coverings protect more from frost damage than they do from extreme cold. However, foliage in contact with a cover often is injured because of heat transfer from the foliage to the colder cover. Ideally covers should not touch foliage to lessen injury however often this is not practical. Some plants that have burnt foliage from covering often recover nicely as the roots have been protected by the covering. Watering plants well the day prior to to a freeze can help protect your plants as well. Well watered soil will absorb more solar radiation. After freezes, apply water to the soil to help replenish lost moisture. Do not prune newly frozen plants, as hard as that may seem. The dead foliage provides a level of protection for the plants.Only prune frozen plant material when the likelihood of frost has passed. COOLER WEATHER LANDSCAPE, CONT'D PAGE 21
HOW CAN AN ASSOCIATION PAY FOR NECESSARY REPAIRS TO THE CONDOMINIUM PROPERTY? Identify and describe the severity of any substantial structural deterioration State whether unsafe or dangerous conditions exist Recommend any remedial or preventive repair for items which are damaged but are not substantial structural deterioration Include an “inspection prepared summary.” WRITTEN BY: ELIZABETH A. LANHAM-PATRIE, ESQ., BECKER
There have been big changes in legislation for condominiums in Florida.Effective, May 26, 2022, the Building Safety Act went into effect. This legislation requires a Phase One Milestone inspection within 30 years from the date the Certificate of Occupancy (“CO”) was issued for the building. However, if the building is within 3 miles of the coastline, the milestone inspection must be performed within 25 years of the CO date. For pre-1992 buildings, the milestone inspection must be completed by December 31, 2024. A Milestone Inspection Report is a written report, under signature and seal of a Florida licensed architect or professional engineer. The milestone inspection report must: Indicate the manner and type of inspection conducted
If the Phase Two inspection requires repairs to the condominium building, many associations do not have the funds to pay for such unexpected repairs. If that is the case, condominium associations have a few options: levy a special assessment, if the governing documents permit; or obtain a loan from a private bank. Condominium associations have long been able to obtain private loans from banks; however, these loans generally must be repaid in five (5) to ten (10) years and the interest rates are based upon the current market rates. In order to assist condominium association with financing, federal legislation has been introduced by Florida Representatives to allow the U.S Department of Housing and Urban Development’s Federal Housing Administration to insure loans for building repairs. More specifically, the Rapid Financing
CONDO SAFETY, CONT'D PAGE 21
COOLER WEATHER LANDSCAPE, CONT'D
Winter in Florida can bring forth beautiful flowersboth perennial and annual that we are unable to see the rest of the year. Poinsettias are everywhere in December and Christmas Cactus and Kalanchoe are all starting to bloom. Mature trees like Crape Myrtles with their beautiful cinnamon colored bark provide interest. We may not have the tropical color of the summer but our cool season temperatures still bring us beauty to behold!
CONDO SAFETY, CONT'D
for Critical Condo Repairs Act of 2022 would allow condominium associations to obtain FHA-insured loans for the costs of rehabilitation, alteration, repair, improvement, or replacement of any common systems, infrastructure, facility, feature, portion or area serving a condominium project and the loan would be secured by future lien based mandatory unit owner payments. Historically, FHA-insured loans were collateralized by real property, and a condominium association is prevented from mortgaging common elements. This legislation would allow the loans to be collateralized by assessments, which is the collateral private banks use for loans to condominium associations.Further, the legislation would allow for longer term loans, such as a 30-year loan with a fixed interest rate.An FHAinsured loan also has the added benefits that they often have lower interest rates and the terms of such loans do not provide for a pre-payment penalty, as there often a pre-payment penalty with private bank loans. Therefore, if this legislation passes, it will be very beneficial to condominium associations in Florida. In most cases in order to obtain a loan, the bank will require an Opinion of Borrower’s Counsel, which is a written opinion from the condominium association’s attorney.The attorney must review the loan documents and opine that the condominium association has the authority to enter into the loan agreement and has followed the proper steps, pursuant to its governing documents, to obtain a loan.
Further, banks often require that the association levy a special assessment to repay the loan; therefore, the attorney must also determine and opine if the condominium association has the authority to levy a special assessment and if the special assessment was properly levied. Therefore, prior to meeting with a bank, we recommend that the condominium association contact its attorney to make the initial determination of whether member approval is required to obtain a loan, and if the condominium association has the power to specially assess. Prior to providing loan documents, banks provide a loan commitment letter that must be executed by the condominium association.The terms of the loan commitment letter are binding terms that are incorporated into the loan documents. Therefore, if an Opinion of Borrower’s Counsel will be required by the bank, the loan commitment letter should also be reviewed by the condominium association’s attorney prior to it being executed.
Signs of Water Damage: How to Spot It WRITTEN BY: SERVPRO MANDARIN
Sometimes, water damage can be easy to notice, while other times it’s more insidious. It’s easy to see standing water from a burst pipe, but water damage that is hidden could be doing some serious damage to your home if it is not detected and repaired in a timely manner. Here, we explain some signs of water damage, along with steps you can take to protect your property. Your floor may tell the story of water intrusion. If there’s dampness in your carpet, or if your tile or wood floors are cracked, buckling, or warped, water damage could be the cause. If you notice water on your floor that returns after you clean it up, you may have seepage or a leak. If you notice a musty smell, check for water. Sometimes, you can just smell the dampness. A damp, musty, or moldy smell means trouble, because it indicates the presence of excessive moisture. If your home has water damage, mold can sometimes be the result. Stay vigilant for signs of mold, which can lead to secondary damage and compromise the structure of your home. Rust, too, can result in a leak if not caught early. By keeping your eyes peeled for signs of mold and rust, you can stop water damage before it becomes a major issue.
On the ceiling, water damage leaves telltale marks. These discolorations can also occur around the bathtub, toilet or sink, or on the walls, and they’re some of the most obvious signs of water damage. Ceiling stains should be inspected immediately because they might indicate an undetected leak in the roof or walls. While you’re at it, pay attention to the corners, especially where the walls meet the ceiling or floors. Discoloration in those areas can also indicate a leak. Your walls can manifest water damage in different ways. Maybe the paint is peeling, or the drywall is cracked. If you see these signs or areas that seem swollen or soft, have a leak detection company inspect for leaks as soon as possible. A SERVPRO Technician can also take moisture readings in areas of concern and check for active leaks. Sometimes, water damage may be happening outside of your line of sight. If you hear running water and you don’t have a tap turned on, it may be running somewhere it shouldn’t. If your water bill suddenly and unexpectedly goes through the roof, you probably have a hidden leak that could be causing damage.
CAI Drops New Public Policy on the Regulation of Political and Non-commercial Signs and Flags WRITTEN BY: DAWN BAUMAN, CAI NATIONAL
Election season is here across the U.S., which often puts the subject of political sign regulations at the forefront of discussions between community association leaders and residents, legislators, and the media. This week, the CAI Board of Trustees adopted the Political and Noncommercial Signs and Flags Public Policy to help CAI’s state legislative action committees navigate legislation on this topic. CAI’s Government and Public Affairs Committee has been developing the public policy for the past several years. Conversations on political signs and flags in community associations typically center on how they are displayed and their content. Community association boards, managers, and residents must be educated on applicable laws, case law, and their governing documents to appropriately regulate them. The First Amendment guarantees the right to freedom of speech without restriction by government entities or state actors. It does not apply to private parties such as community associations, enabling associations to adopt and enforce restrictions that reasonably regulate political and noncommercial speech within their community. Some states, however, have constitutions or other laws that provides a broader free speech right that does not depend on state action. Throughout history, it’s always been a relatively small minority of people who have spoken out regarding sign and flag regulations because they are passionate about a subject. It is important to protect and serve the POLITICAL SIGNS, CONT'D NEXT PAGE
POLITICAL SIGNS, CONT'D
voice of all residents to allow reasonable expression of speech through signage, while not interfering with the property rights of other residents. Policy Recommendation CAI respects the right to freedom of speech set forth in the constitutions of the United States and various states but recognizes that right is not unlimited. CAI also recognizes and supports the rights of residential community associations to reasonably regulate political and noncommercial signs within communities in a manner consistent with federal, state, and local laws. CAI supports legislation that recognizes the core principles of self-governance, self-regulation, and co-ownership of common property and the community association housing model balanced with owners’ rights of free speech. Because each community is unique, legislation should allow an association to develop reasonable rules and regulations concerning the time, location, materials, size, number, and manner of where political and noncommercial signs, political displays, or political activities are located while preserving freedom of political expression. Current State Laws and Regulations Laws governing political signs vary by state. Rules vary by community to reflect the preferences of homeowners. Currently, 13 states have statutes regarding signage that communities must follow. If your state does not have an explicit law, be sure to review your association’s governing documents and consult with your community manager and attorney before moving forward. It is important for community managers and the board to send approved rules through email, upload notices on the community website, and display them on entry signs to encourage compliance, particularly regarding how many days before an election a sign can be put up and how many days after an election a sign must be taken down. CAI calls upon community association board members, community managers, residents, and attorneys to review governing documents periodically and work together to create rules that will bring the community closer together. Nine out of 10 condominium and homeowners association residents typically vote in national, state, and local elections, according to the 2022 Homeowner Satisfaction Survey conducted by Zogby Analytics on behalf of the Foundation for Community Association Research. With more than 74.1 million residents living in community associations, according to the Foundation, this represents about 66.7 million voters. To help community association boards navigate these important conversations, CAI created the Rights & Responsibilities for Better Communities and the Community Association Civility Pledge. We encourage boards to adopt these principles and engage these best practices.
TIPS FOR HANDLING COMMUNITY PROTEST SIGNS WRITTEN BY: KIARA CANDELARIA, COURTESY OF HOA RESOURCES
How should we handle Black Lives Matter and Blue Lives Matter signs? Are they considered political signs, and would that grant them special protections? Handling signage within a given community starts with the restrictions set forth in the governing documents. If the restrictions include prohibiting all signs regardless of content, Black Lives Matter or Blue Lives Matter signs should not be allowed. Signs are not permitted whether they are considered political or not; there is no constitutional right to display political signs within a private, deed-restricted community. However, if the community’s governing documents, a state law, or a local ordinance require that the association allow owners to display political signs, the wording of the restriction or legislation must be analyzed. For example, a restriction or legislation on political signage may only pertain to issues and candidates that are the subject of an upcoming election, which may require that owners be allowed to display signs in favor or against a given issue or candidate for a specified time period before and after the election. In that case, the signage provisions likely do not extend to Black Lives Matter or Blue Lives Matter signs. If the applicable restriction or law provides that political signs are allowed with little, if any, further qualification or definition, the board is best served permitting Black Lives Matter and Blue Lives Matter signs, with consistency being paramount. Black Lives Matter signs show support for a social movement centering around civil rights and equality. Blue Lives Matter signs reflect support for those who protect and serve. PROTEST SIGNS, CONT'D NEXT PAGE
PROTEST SIGNS, CONT'D
Both signs reflect topics that have become politicized and the subject of much debate over the past few years. A law review-type article could analyze whether the signs are political and still not come to a definitive conclusion. Because of this, if a given restriction requires the community to allow political signs and is in a jurisdiction where the rule of interpretation (in case of ambiguity) is that the provision is to be interpreted in favor of the least restrictive use of an owner’s property, the board should permit the display of the signs. A reasonable argument exists that they are political, at least in the current climate, and must be permitted. ###
See Something? Say Something! Signs of Potential Danger WRITTEN BY: CAI NATIONAL
Like most Americans, many of our residents are increasingly concerned about threat of terrorism. That’s why the Department of Homeland Security (DHS) wants you to be aware of its initiative, “If You See Something, Say Something.” While we need to avoid paranoia, we owe it to our families, friends, neighbors and community to be vigilant—and do the right thing when something does seem amiss. According to the Department of Homeland Security, issues that may warrant contacting local law enforcement authorities include: Behavior that could indicate a terrorist act or planning a terrorism-related crime. Unusual situations might include a vehicle that is parked in an odd location, a package or luggage that is unattended and an open window or door that is usually closed. Someone who pays unusual attention to facilities or buildings beyond a casual or professional interest. This includes extended loitering without explanation (particularly in concealed locations); unusual, repeated, and/or prolonged observation of a building; taking notes or measurements; counting paces; sketching floor plans, etc. Importantly, most of these activities could be perfectly innocent, so you should let law enforcement professionals determine whether the behavior warrants investigation. As always, call 911 in an emergency, but contact your local law enforcement agency to report suspicious activity. When you call, describe specifically what you observed, who or what you saw, when you saw it, where it occurred and why it’s suspicious. DHS emphasizes that Americans must respect citizens' privacy, civil rights and civil liberties by focusing on behavior rather than appearance. Race, ethnicity, and/or religious affiliation are not suspicious. The public should only report suspicious behavior and situations.
Signs of a Great Board Member WRITTEN BY: CAI NATIONAL
Do you have great board members? Chances are you do. If they have a mix of some of the following traits and skills, consider yourself lucky. If not, be on the lookout for board members that do possess these traits. Respect. If they can give others respect and expect it in return, they can help keep board discussions civil, productive and on point. We’re talking about people who can lead by consensus, not by command. Good listening. People want to be heard. Can they listen to other board members and residents with sincere interest? They may have a few ideas of their own, but everyone benefits by sharing and discussing.
Thick skin. Sometimes, residents—even other board members—can be mean and insulting. Is your board member good at turning a conversation around and finding out what’s really bothering people? Egos aside. If they can give others credit, the board will operate better as a team. Agenda aside. Members who come to the board looking to help only themselves are a problem. A board is more productive when members don’t have a personal punch list. Are they able to look after the community, not just their own interests? Are they willing to compromise? Skill. An association is a business. So having board members with accounting, organizational behavior and teambuilding backgrounds can help. Someone with a financial background, for example, might make for a good treasurer. The ideal board comprises a mix of management styles, professional skills and temperaments. If you know people with some of these traits or relevant skills, ask them if they’d be interested in joining the board. Some people don’t think about running for a seat unless asked. They don’t have to know everything when they join, but they should be familiar with the governing documents and the responsibilities of the job. Fellow board members and managers can help them with the transition and train them on board responsibilities, current work, projects and hot issues. Leaders can come from different places and backgrounds. There’s no one mode that fits all.
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