The Community Connection - November 2023

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No r t h e a s t F l o r i d a C h a p t e r C o mmu n i t y A s s o c i a t i o n s I n s t i t u t e

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The Community Connection

(No-vember that is!)

No Smoking Rules Tips for No Bad Hiring No More Madness at Annual Meetings No Money is No Excuse Removing a Board Member No Longer Working No Plan is One Size Fits All for Hostility

upcoming events November 30 - Monte Carlo Casino Night Winter Gala

contact information 10950-60 San Jose Blvd., #182 Jacksonville, FL 32223 ced@neflcai.com

2023 board of directors President - Leslie Pragasam, CMCA, EBP Business Partner First Coast Mulch President-Elect/Interim Treasurer Zenzi Rogers Manager Lennar Secretary - Kate McAdams, EBP Business Partner Performance Painting, Business Development Director - Pilar Willis Dixon, CIC, CIRMS Business Partner Brown & Brown Insurance Director/Past President- Jesse Martinez-Skinner, CMCA, AMS, Manager Associa CMC Jackonsville

2023 committees Membership Pilar Willis Dixon - Board Liaison Alanda Williams - Chair Social Catie Marks - Board Liaison Amy Newhouse - Chair Programs Zenzi Rogers - Board Liaison Ashleigh Northrop - Chair EXPO Kate McAdams - Board Liaison Frank Prescuitti - Co-Chair Patty Truax-Stewart - Co-Chair COMMUNICATIONS Robin Miller - Executive Director/Editor Brooke Hassan - Co-Chair Tara Tallaksen - Co-Chair GALA Stacy Montoya - Co-Chair Joshua Donlon - Co-Chair

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.

If you're interested in being on a committee for 2024, we'd love to have you.

Please reach out to ced@neflcai.com

letter from the president WRITTEN BY LESLIE PRAGASAM, CMCA, EBP FIRST COAST MULCH

Dear Friends, This month's articles, themed under the banner of “Just Say NO-vember”, focus on things for community associations not to do.

That said, I do want to focus this letter about the great things we did do this year, during my presidency. We experienced great growth and experience, a game at the Jumbo Shrimp, another awesome EXPO, classes and courses primarily targeting CAMs and HOA/Condo Volunteers, an intentional plan to recognize our members through our “people” issue, and activities to support our sponsors.

I've been honored to serve as your president during this time of growth and achievement. The dedication and vision of our board members have been instrumental in navigating challenges and ensuring our association's resilience.

I also want to share some thoughts for our future. In response to the challenges of the COVID-19 pandemic, in August 2020, the board made a strategic decision to hire a part-time independent contractor to serve as our executive director. Operating mostly in a remote and virtual space, Robin Miller has played a pivotal role in steering our association through unprecedented times. The past three and a half years have seen remarkable progress in sponsors, attendance, membership growth, and overall engagement, positioning us for continued success.

Looking forward to 2024, we will transition to an in-person executive director. The groundwork laid during our Robin’s tenure has set the stage for attracting a dynamic leader to guide us into the future.

In the spirit of this season of gratitude, let me also express my heartfelt gratitude to each board member for their invaluable contributions. Together, let's embrace the opportunities ahead and continue building a thriving community.

Wishing you all a joyous conclusion to 2023.

Warmly, Leslie

As an additional sponsor benefit, click on each sponsor's ad to be taken to their website and learn more about their company.

Articles in this publication are courtesy of individual and company contributors and are independent views of that company.

2023 Committee Chairs Robyn Severs, Esq., Legislative Action Committee Chairperson Becker Leslie Pragasam First Coast Mulch

Zenzi Rogers Lennar

Kate McAdams Performance Painting

President - 2023

President -Elect/ Interim Treasurer -2023 Liaison to the Programs Committee

Secretary- 2023 Liaison to the EXPO Committee

Alanda Williams Membership Committee Chairperson Manin Construction Frank Prescuitti EXPO Committee Co-Chair Koehn Outdoor Patty Truax Stewart EXPO Committee Co-Chair Associa of Jacksonville

Jesse Martinez-Skinner CMCA, AMS Associa CMC Jackonsville

Pilar Willis Dixon CIRMS Brown & Brown Insurance

Board Member at Large 2023 Chair of the Nominating Committee

Board Member at Large/Immediate Past President - 2023 Liaison to the Membership Committee

Robin Miller Northeast Florida Chapter of CAI Executive Director

Catie Marks May Management Board Member at Large2023 Liaison to the Social and Gala Committees

Meet the 2023 NEFLCAI Board of Directors

Ashleigh Northrop Programming Committee Chairperson Sentry Management Tara Tallasken Communications Committee Co-Chair Vesta Property Services Brooke Hassan Communications Committee Co-Chair Vesta Property Services Stacy Montoya Gala Committee Co-Chair Martex Landscape Joshua Donlon Gala Committee Co-Chair Ball Janik

2023 OUTSTANDING NEIGHBORHOOD OF THE YEAR NOMINATE YOUR OWN OR ANOTHER HOA TODAY Visit www.neflcai.com/events to apply Deadline: December 20 Winner will be recognized and celebrated at our Annual Meeting January 2024

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Welcome to our New Members since August 1.

Eugene Baldwin Green, Gene Enterprise, Business Partners Christi Capo, Sunwest Bank, Chapter BP Sonia Deville, 1951 Market Condominium Association, Inc, Volunteer Leader Shanna Fredrickson, Manager Membership James J. Giancola CMCA, RealManage Family of Brands, Manager Membership David Greenhalgh, 1951 Market Condominium Association, Inc, Volunteer Leader Rebecca Haddock, 1951 Market Condominium Association, Inc, Volunteer Leader Richard Louis Hull III, Hodnett Cooper Homeowners Association Management Inc., Chapter MGMT Melissa Ink, Sherwin-Williams Company of Fort Myers, Chapter BP Brent Monger, Another Mans Treaures, LLC, Business Partners Jennifer Rowe, RealManage-GrandManors, Manager Membership Ryan Watson, Aqualis Stormwater Management, Chapter BP Alanda Williams, Manin Construction, LLC, Business Partners Sunbelt Restoration of Florida, LLC Business Partners

Get to k“no”w our latest members!

by: Ruth Ingoldsby, CMCA, EBP In today’s fast-paced world, poor planning centire HOA/condo so having a fair and is not just the downfall to a great annual impartial election where all owner’s votes meeting but could also spell social (media) count is of utmost importance. disaster for you and your community.

Considering the number of community by: Thomas Moriarty, HOA Resources What better time than now to organize associations across the US is growing your annual meeting process and make (there are over 49,000 owner associations you the favorite in the eyes of your in Florida), it’s important that the board community? This way you are ready to election process be clear and concise. implement your new procedures and avoid a meeting that falls into madness.

Tips for a Successful HOA Board Election HOA Board Election Process One of the many requirements in each association’s governing documents is to have an annual meeting of the owners. It is usually at this meeting that HOA/condo members elect the board of directors for the upcoming year. This duly elected board becomes the governing body for the

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Check your state statutes for specific requirements for Non-Profit Corporations and HOA (Common Interest) or Condominium board elections.

Here’s a link you can use: http://www.leg.state.fl.us/statutes/ For condominiums, keep in mind there are also Admin Code Rules 61B-23 (https://www.flrules.org/) ANNUAL MEETING CONT'D ON PAGE 11

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that may apply. Some items to look for Make a list of all the election details. include: requirement, how many ballots are when the meeting notice needs to required for quorum, how many be sent (how many days before the directors are elected each year and the meeting) length of the terms, etc. Be sure to if the notices must be mailed or if include the location of the meeting and they can be emailed con’t your contact person at the location if if the vote has a secret off-site. requirement the minimum quorum Create a timeline of when each item requirements to hold a meeting needs to be completed. Advance which types of proxies can be planning of the timing will keep you accepted, and on track to have a successful annual parameters for an electronic vote meeting and board election. Be sure (e.g., proxy is not needed, all votes to list all the dates: when to send the count toward quorum, etc.). call for candidates, when the

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Check your association’s governing documents. Check both your CC&Rs and Bylaws. Look for meeting date and timing requirements, the terms of the positions, ballot secrecy, quorum requirements, if votes can be changed after submitted, is there an owner date of record of those that are eligible to vote, and if past due owners can vote, etc.

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Make a list of all the election details.

Once you know your requirements, make a list of all the details and keep it in an annual meeting folder so you can refer to it each year. You may even want to keep the pages of your governing docs with the specific sections highlighted that show the requirements in this folder. Your list should include the number of homes, quorum

candidate’s intentions must be received by, when the notice must go out, when the ballots must go out, when the ballots must be returned by, etc.

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Put all these items in a folder titled Annual Meeting and Timeline. The goal in creating the Annual Meeting Folder and Timeline for each association is to ensure all requirements are met and the process is followed correctly each year.

Failing to follow the process could result in an election being deemed invalid and needing to be redone, costing the association both time and money.

https://www.votehoanow.com/how-itworks/resources.php) to add electronic voting as a method to accept votes.

Next, work with a company that offers the type of voting service you need. It is recommended that community associations work with an electronic (or online) voting company that is specific to the HOA/condo industry as they understand the complexities of how HOAs operate. Also, it is important to look for a company that offers fullHow to Add Electronic Voting to the Mix service management, not just a portal. A Since electronic voting is permitted by full-service voting company has the Florida state statute (Condo 718.128, HOA expertise to focus on your election to 720.317), it is very easy to incorporate this make sure you reach quorum, while into your election process and offer relieving some of the workload from the owners another option for having their manager or election committee and vote count. The process follows the same providing third-party separation. With a timeline as paper proxies/ballots. Start by little preparation, next annual by: Thomas Moriarty,your HOA Resources having the board adopt a resolution (see meeting can be a joyful experience! an example here:

NO "RIGHT TO SMOKE" IN CONDOMINIUM ASSOCIATIONS by: Tankel Law Group Although U.S. cigarette smoking rates are down as smokers quit or switch to vaping products, cigarette smoking remains a leading cause of preventable disease and leads to approximately 480,000 deaths every year. In addition to a reduction of smokers, legislation has made smoking significantly less prevalent in day-to-day life. In 2003, the Florida Clean Indoor Act outlawed smoking in all enclosed indoor public workplaces. Smoking has been barred from restaurants and businesses ever since.

Although condominiums are not traditional public workplaces, the Florida Clean Indoor Act law can be applied to indoor areas of condominium property where employees (management, vendors, etc.) work, such as indoor common elements, clubhouses, and offices. The law does not however prohibit smoking in all common and limited common elements such as pools and balconies, nor does it prevent smoking within units. In fact, owners and residents who smoke tend to believe these areas cannot be regulated.

Smokers will often speak of “smoker’s rights,”

and Boards of Directors mistakenly believe they have no power to regulate this arena. To the contrary, there is no “right to smoke” and Boards do have the ability to enact restrictions.

No constitutional right to smoke exists. The two main arguments used to support smoking involve rights to liberty protected by the Due Process Clause, and the Equal Protection Clause. Regarding the Due Process Clause, which prohibits the government from depriving individuals of liberty without “due process of law,” regulation will be permitted if it is rationally related to a legitimate government purpose.

Setting aside the fact an association is not the government and therefore it is dubious whether this restriction applies to one, a regulation rationally related to a legitimate purpose is an extremely low bar. A ban on smoking in certain areas to protect others from second-hand smoke is a legitimate purpose and will therefore be upheld.

The second argument often heard is that banning smoking is “discrimination” against smokers in violation of the Equal Protection Clause (EPC). The EPC ensures that the government cannot pass laws that treat one NO RIGHT TO SMOKE CONT'D ON PAGE 16

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category of people differently from another without adequate justification. With most regulations, a law need only be rationally related to the government’s legitimate goal, again a low bar. The bar is raised significantly if the discrimination targets individuals in a protected class. However, smokers are not a protected class under the Constitution and therefore do not receive the additional scrutiny.

Although restrictions on smoking are permitted within association, a Board must ensure it is done properly. Boards derive their power from the association’s governing documents. If the documents grant the Board the ability to create rules and regulations over the common elements, prohibiting smoking at tennis courts, pools, hallways, etc. will only require a Board vote. If the Board wishes to extend these prohibitions to limited common elements such as owners’ balconies, the authority to regulate these areas must be expressly stated in the governing documents. If that authority does not exist, the community will need to amend the documents if it wishes to prohibit smoking in such areas.

If an association wishes to ban smoking within the units, it can be more complicated as the interior spaces are owned by the individuals rather than the association. While governing documents might forbid “nuisances” such as loud music that emanate from a unit and cause issues to neighbors, these provisions tend to be weak and unless they specifically include smoking in the definition, are unlikely to apply.

Therefore, best practice is to amend the Declaration to specifically forbid smoking within the units. This would require community input, and therefore carry greater weight than a Board imposed rule.

by: Kelly Richardson, HOA Resources

No Money is No Excuse!

Homeownership entails dealing with occasional unanticipated expenses. Recently, I didn’t plan on a main water line breaking, but it happened. Days (and much money later), the problem was resolved. I didn’t want the expense, but it happened. I couldn’t say to the water company or my neighbors, “I’m sorry, I can’t stop this flooding right now, I can’t afford it.”

HOAs are a collection of interconnected homeowners, and major common area repair expenses affect them all. One of the many benefits of HOA living is that homeowners share costs of keeping up the HOA community, with economies of scale usually reducing the individual cost. The association’s duties are really nothing more than the individual homeowner has – they’re just shared.

I hear frequently from readers that the HOA needs replacement or repair of building components, but the HOA “can’t afford it this year.” However, nothing in the Davis-Stirling Act references financial hardship as an excuse from any of its requirements. Here is a quick review of some major requirements.

Maintenance – Civil Code Section 4775 requires HOAs to maintain and repair common areas.

Nothing in that statute says “if the finances are in order,” or “if the money is in the budget.” Leaky roofs or pipes or unsafe balconies need to be repaired. Just like the individual owner who has to dig up their water supply line, it has to be done.

Delay almost always makes things worse.

Termite treatment and repair – Civil Code 4780.

Condominiums, stock cooperatives and community apartments are required to deal with termite prevention and damage repair. The statute does not have an exemption for times in which the HOA funds are low.

Balcony inspection –HOAs must complete inspection of “elevated vertical elements” no later than January 1, 2025, and to repair anything found which could be a safety threat. The statute, Civil Code Section 5551, does not mention ability of the HOA to pay for the inspection or repairs.

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Assessments – Civil Code 5600(a) – “the by: Hazel Siff, Resources association shall HOA levy regular and special assessments sufficient to perform its obligations,” which means that HOAs are required to budget for its reasonably anticipated costs of operation – not its hope-for costs but its anticipated costs. Targetbased budgeting, in which the board dictates to its manager what assessment increase to budget for, has the process backwards and violates this legal requirement.

Reserves – Associations should set aside money to offset the ongoing deterioration of common area components which the HOA replaces or repairs. Some HOAs skimp on those savings contributions to reduce pressure on assessments, but that means the HOA is quietly slipping into debt. The reserve fund can also be a very valuable emergency fund from which the HOA can borrow for up to one year, during which time the

HOA can rearrange its finances (as would any homeowner experiencing major unexpected expenses).

Emergency assessments – The law allows HOAs to deal with major surprises. Civil Code Section 5610 allows boards to pass emergency assessments to deal with major expenses which were unanticipated when the last budget was prepared. That must be accompanied by a written board resolution explaining to the membership why the emergency assessment became necessary.

Homeownership, including shared ownership, involves occasionally unavoidable expenses.

Those expenses are best addressed head on, since they don’t go away or diminish with time

by: Clark Simson Miller Homeowners typically have the option to remove an HOA board member when the right conditions are met. While removing a board member can be an effective way to ensure the continued success of an HOA, it should not always be the first choice. If that time comes, though, homeowners and board members alike should know the procedure and grounds for removal.

Can an HOA Board Remove a Board Member?

Homeowners generally can remove a member of the board, but what about the board members themselves?

An HOA board may not have the ability to remove a board member without obtaining approval from the membership. However, this can vary depending on state laws and the Can You Remove an HOA Board Member? association’s governing documents. That said, an HOA board may have the power to remove an Every homeowners association has a set of officer, stripping them of their title as president, board members leading the charge. This HOA board consists of volunteer homeowners who are vice president, secretary, or treasurer. either elected or appointed to their positions. The How to Remove Board Members from board is responsible for maintaining the HOA community and ensuring operations run smoothly.

Not everyone knows the steps involved when attempting to remove a member from the HOA Not all HOAs, though, are fortunate enough to have capable leaders. Some board members are board. Following the proper steps, though, is crucial. Otherwise, people can make the unfit for their roles, while others have ill intentions. This then begs the question, “Can you argument that the removal is invalid because it was done in a procedurally flawed manner. remove an HOA board member?”

Here is your guide on how to remove HOA board The short answer is yes. In general, homeowners have the power to remove an HOA members. board member by following the proper procedures and requirements. It is vital that homeowners possess this ability to keep board members in check and hold them accountable for their actions.

1. Check State Laws and Governing Documents If you wish to remove a current HOA board REMOVE BOARD MEMBER CONT'D ON PAGE 21

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member, the first thing you should do is check state laws and your governing documents. The governing documents, specifically the bylaws, should outline the conditions and requirements for removing a board member.

Similarly, state laws may dictate specific procedures and conditions that must be met. Not all states have laws that specifically govern HOAs and condominiums. However, many states have corporation laws that could apply to associations. If an association is structured as a nonprofit corporation, the state’s nonprofit corporation law is generally applicable.

In some states, the law mandates the automatic removal of a board member in certain situations.

For example, Section 718.112 of the Florida Condominium Act calls for the automatic removal of a board member who is convicted of a felony or charged with felony theft or embezzlement. It even calls for the automatic removal of a board member who is delinquent in their dues.

2. Petition for the Removal Can homeowners petition for HOA board member removal? Generally, yes. Homeowners can garner support for the removal of a board member by collecting signatures from other homeowners. It is paramount to include this signed petition in the proposal to remove the board member.

3. Hold a Meeting The next step is to hold a regular or special meeting to address the call for removal. This will likely necessitate a vote from the membership.

An association’s bylaws should contain more specific information concerning the details of the meeting, including when and how to conduct it, as well as any notice requirements.

4. Replace With a New Member If the vote successfully removes the board member, the next step is to fill the vacant seat.

The procedure and requirements for filling vacant board member seats will depend on state laws and an HOA’s governing documents.

Grounds for Removing an HOA Board Member While it is not unheard of for homeowners to remove a board member for shallow or petty reasons, there generally needs to be a cause for removal. What are the reasons for the removal of HOA board members?

1. Failure to Fulfill Their Responsibilities Board members who slack off or ignore their responsibilities altogether don’t deserve to lead the community. If a board member is not fulfilling their duties and tasks, homeowners have a good reason to remove them from their position. For example, a board member may consistently skip board meetings or fail to follow the proper procedures laid out in the governing documents.

2. Violates Their Fiduciary Duty Board members have three primary fiduciary duties: the duty of care, the duty of loyalty, and the duty to act within the scope of their authority.

If they violate one or more of these, that could be grounds for the removal of HOA officers.

3. Commits a Fraudulent Act Fraud is a growing concern among many associations, and the correct response is to remove the problem from board members to REMOVE BOARD MEMBER CONT'D ON PAGE 22

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prevent further issues. Of course, if the board member committed a crime, it is important to report them to local authorities as well.

4. Presents Conflict of Interest or Unethical Behavior Board members should consistently exercise ethical practices and behavior when dealing with matters of the association. For instance, when a conflict of interest arises, board members should disclose the conflict and recuse themselves. If they fail to do so, it could be grounds for the removal of an HOA board member.

HOA board member abuse of power is another issue. If a board member uses their position for personal gain, to target other homeowners, or to wage a personal vendetta, they are unfit for the role and can be removed.

5. Behaves Obstructively Some people like to cause a disturbance. If a

board member is difficult to work with, is uncooperative, or likes to stir things up, they can be removed from their position. That kind of behavior will only obstruct association business and make it harder for the rest of the board to get work done.

A Step to Consider Before Removal When confronted with a problem, many homeowners’ first instinct is to remove an HOA board member. This should not always be the goto solution, though. Removing a board member takes time and effort, as well as a good cause for removal.

If there is a problem, homeowners should exhaust all other options first. They should attend board meetings and raise their concerns there. Take the time to reach out to the board using various communication channels. If the problem persists, only then should homeowners consider removal.

Preparing your Community for Hostile Behavior: No Plan is One Size Fits All by: Hazel Siff, HOA Resources

Community association board members and managers frequently practice diffusing tension and communicating clearly. Today, they also need to prepare safety and security plans in the event of hostile and dangerous behavior.

Though worst-case scenarios are rare, in an increasingly uncertain climate, a renewed focus has been placed on safeguarding residents, volunteers, and employees.

Christopher Lanni, CPP, CMCA, AMS, the president and founder of Secure Residential Services in Hudson, Mass., works to develop new security plans for communities, as well as to evaluate and update existing ones. He says that the first step in developing a plan is to evaluate the features of the community and to recognize its unique needs and vulnerabilities.

“No plan is one size fits all,” Lanni says. “We must evaluate the unique physical aspects of each community. For example, what is the crime data in the area? What security measures are already in place, and can they be improved upon?”

Sometimes, as communities change, security needs to evolve too. As facilities are added or updated, try to maintain a constant awareness of what is needed to secure that area, even if it wasn’t needed before.

Though many different security methods and tools can be employed, Lanni says it is important to understand the residents in your community and their tolerance. For example, would your residents be amenable to automated facility entry apps or would unique, encrypted key fobs make more sense?

“Having a culture of security doesn’t mean you’re creating an environment that is so strict and so tight that no one wants to live there. It means understanding your community’s unique needs and developing a plan that considers what makes sense,” Lanni explains.

He also recommends widening the understanding of security. “Many people have a limited view of what counts as security,” he says. “Security isn’t just the cameras or the guards. It’s also the maintenance staff who HOSTILITY CONT'D ON PAGE 24

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maintain door locks and lighting and other equipment. It’s the administrative staff who keep an active log of residents. Every cog in the machine is a necessary piece.”

but the reality is that every association still exists in the same world, and the world isn’t always a safe place. Because of this, Lanni recommends that community leaders never use any language in their governing documents or That’s why Lanni believes it’s necessary to communication with residents that can imply a educate residents about how each different part guarantee of safety. of their community operates, and how those things work together, so they can contribute to Instead, he recommends that communities its smooth operation. convey their commitment to understanding and Community association leaders should ensure that their residents are prepared for emergency situations. Some require evacuation routes, while others require stay-in-place orders. It might seem simple, but making sure that residents know how to follow these procedures before a situation takes place could have a massive impact during an emergency.

Associations have many features designed to create a separate and unique living experience,

updating their security needs on an ongoing basis. As the world changes, so too do the places we live. Equipment needs to be up to date. Staff need to understand their role in securing a community, even when it isn’t obvious. Residents need to be educated and aware of emergency procedures and policies.

Safety can’t be guaranteed, but communities that prioritize a holistic approach to security can maximize their preparedness.

How Not To Make a Bad Hiring Decision: Doing it Right - Tips for Hiring HOA Contractors by: Laura Otto, HOA Resources Whether it’s landscaping, a plumbing fix, or a major clubhouse renovation, selecting the right contractor for your HOA or condo requires ethical and diligent work from board members. It’s important for board members to specify exactly what services the association needs to avoid a conflict of interest. For example, if a board member owns a lawn care company and the association is seeking bids for lawn care services, the board member could face a conflict of interest.

Steve Cousino, CMCA, AMS, senior association manager with Caribou Property Management in Madison, Wis., shares his top three tips for hiring contractors.

First, do your research. Check Google reviews, Yelp, and other online resources regarding the contractor’s services. “There are tips online on how to read reviews and interpret fake ones from real ones, and how to know if a review is trustworthy or not. Reviews need to be vetted as much as the contractor.”

Next, provide an accurate scope of work, and ask questions about the bid to ensure you understand it. Never make assumptions about what is or is not included.

Finally, get a W-9 form, proof of insurance, and verify any required licenses needed by the contractor before work commences. “Requesting this information is a reasonable ask that any contractor should have no problem providing,” says Cousino.

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Most people think three is the number when it comes to bids but according to Cousino, the answer is as many bids as it takes within reason.

“You want enough bids to understand if the pricing is out of whack or in line with other vendors, and to compare terms and conditions and any ‘extras’ that a vendor may include in addition to the requested scope of service,” he says.

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The full scope of work should be detailed on the contract. When requesting changes, hand write them and initial the changes.

Contracts should also include the vendor’s terms and conditions, payment terms, the rights of the association for unsatisfactory work, how the vendor handles corrections, and contract cancellation conditions. These can be negotiated, explains Cousino. “Many terms and Cousino’s words of advice: “If too many options conditions are written to benefit the vendor, so are provided, the board can find it hard to decide. don’t be shy about requesting changes to make it The manager’s role is to whittle bids down to the fairer, if necessary,” he says. best options that meet their needs and present those.”

Final pro tip: Don’t assume a partner company follows all state and local regulations or has all When writing the contract, try to align the goals necessary licenses, certifications, or permits. of the association and the partner company. “The Your association should require a copy of all contract should clearly identify the association as licenses, certificates, and permits before the the client (with c/o the management company, if contract is signed. relevant) and identify both the billing address and the job site address, if different,” says Cousino.

Why is it important to hire a licensed contractor?

“If a management company is involved, they When hiring accredited tradespeople, the should not be listed as the responsible party in association has assurances that the individual place of the association.” doing the work has knowledge of proper work practices and local building codes, explains The full scope of work should be detailed on the Cousino. “An unlicensed contractor is also an contract. When requesting changes, hand write uninsured contractor. If that contractor suffers them and initial the changes. injury while on the property, the association is liable.”

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