VOL. 6 | ISS. 2
Northeast Florida Chaper Community Association Institute
THE COMMUNITY CONNECTION IN THIS ISSUE
Does This Alteration to the Condominium Require Membership Approval? Condominium Association Registered Agents The Price of Insurance v. The Cost of Insurance BioEngineered Living Shorelines: the Newest Erosion Control Solution
2 | THE COMMUNITY CONNECTION
Does This Alteration to the Condominium Require Membership Approval? By Robyn M. Severs, Esq. | Becker
VOLUME 6 | ISSUE 2 2019
Bioengineered Living Shorelines: The Newest Erosion Control Solution By J. Wesley Adams SOLitude Lake Management
15 Ask the Experts
Condominium Window Replacement.
19 Condominium Association Registered Agents By: Robert L. Tankel, Esq. | Tankel Law Group
20 The Price of Insurance By Joel W. Meskin, Esq., CIRMS | The McGowan Companies
26 2019 GALA & AWARD WINNERS
Providing education, networking, resources and advocacy for Community Associations in Northeast Florida and the professionals and volunteers who serve them. VOL. 6 | ISS. 2 | NEFLCAI.COM | 3
317 Marshside Drive North St. Augustine, FL 32080 www.neflcai.com firstname.lastname@example.org 904-907-7234
2019 board of directors Catie Marks, President David Robinson, President-elect Pilar Willis-Dixon, Secretary Jimmy Dycus, Immediate Past President Leslie F. Pragasam, Director Carmen Mazzeo, Director Cindy Dunlop, Director Karen Foy - Chapter Executive Director
committees Membership - Mary Price Expo - Cindy Dunlop Programs/Education - Ed Ronsman Social/ Gala - Melissa Rowe Legislative Action, Pilar Willis-Dixon & Robyn Severs, Esq.
newsletter Editor - Leslie F. Pragasam Managing Editor - Karen Foy
from the president Farewell! Serving as your 2019 board president was a great honor. As I reflect on the year which we shared together I am greeted with pride and gratitude; our small and mighty chapter had many great accomplishments and a surge of meaningful participation. We met and exceeded membership goals, increasing to a total of 210 members! Credit is due to our chairwoman Mary Price. Mary took charge of this committee and filled a critical vacancy in the chapter. At a time when the committee was disorganized Mary, established a process of walking new and potential members through the registration process, always available to answer any questions. The 2019 Expo and Education Day had record attendance in both foot traffic and booths! The Expo is always an exciting event for our chapter. Witnessing the evolution of this is both exciting and a good gauge of the chapter’s overall health. We continue to grow in numbers and strive to exceed expectations of each membership category. The Expo Committee is one of our hardest working committees, thank you to chairwoman Cindy Dunlop for your continued support and guidance! Melissa Rowe and her social committee of 1 did an impeccable job organizing our socials this year! No exception was the Havana Nights Gala! In my opinion we really took this event up a notch. The gala is another NEFLCAI event that gets better every year. Introducing chapter awards was a new endeavor and I think a huge success. Congratulations to our award winners! Gianna Rahmani – CAM of the YEAR, Krystal Klean – Business Partner of the YEAR, Bob Chaimberlain – Volunteer of the YEAR, and Queens Harbour – Community of the YEAR. Thank you to all of the year’s program participant! Our chapter would not be what it is without you. Educational programming is the cornerstone of the entire CAI organization, as all involved professionals seek to better themselves. Ed Ronsman, chairman of the programs committee, put a lot of work and thought into which programs we will bring to you and aim to ensure the quality of our chapter’s offerings. Thank you for allowing me to serve you in 2019. I look forward to seeing the continued growth and success of our chapter.
Catie Marks, CAM 4 | THE COMMUNITY CONNECTION
VOL. 6 | ISS. 2 | NEFLCAI.COM | 5
SAVE THE DATE FOR THIS YEARâ€™S ANNUAL EDUCATION DAY AND EXPO! THURSDAY, SEPTEMBER 17, 2020 RENAISSANCE WORLD GOLF VILLAGE MORE INFORMATION, SPONSORSHIP INFORMATION, AND BOOTH SALES COMING SOON!
6 | THE COMMUNITY CONNECTION
January 9, 2020
Maggiano’s Little Italy St. Johns Town Center 10367 Midtown Pkwy Jacksonville, Florida 32246
June 10 - 13, 2020
2020 CAI ANNUAL CONFERENCE & EXPOSITION HOLLYWOOD, FLORIDA
September 17, 2020
8th Annual Expo
Renaissance Hotel World Golf Village 500 S. Legacy Trail St. Augustine, FL 32092
Join us for our Annual Meeting and a great lunch! Meet your 2020 Board of Directors and Committee Chairs. We are always looking for new committee members. Start thingkin about where your talents can best help our Chapter!
Through shared perspectives, experience and knowledge, a strong peer network is one of the best resources for creating community legacies. Shape your future success and strengthen your personal and professional connections by meeting colleagues from around the world and building on their collective wisdom. The Annual Conference features plenty of opportunities to develop connections and expand your network with small-group interactions and large social events. Receptions, meetings, exchanges and ShopTalks offer a variety of venues for advancing ideas and cultivating the professional contacts that can be as critical to success as education and experience.
NEFL-CAI has a zero-tolerance policy regarding suitcasing. Any company suspected of suitcasing will be escorted from the building. For questions regarding this policy, please contact Karen Foy at email@example.com.
VOL. 6 | ISS. 2 | NEFLCAI.COM | 7
calendar of events
For more information on NEFL-CAI meeting, upcoming events, or meeting sponsorship availability, please contact Karen Foy at firstname.lastname@example.org or visit www.neflcai.com.
8 | THE COMMUNITY CONNECTION
DOES THIS ALTERATION TO THE CONDOMINIUM REQUIRE MEMBERSHIP APPROVAL?
By Robyn M. Severs, Esq. with Becker
“material alteration or addition” is one that “palpably or perceptively var[ies] or change[s] the form, shape, elements or specifications of a building in such a manner as to appreciably affect or influence its function, use or appearance.” Sterling Village Condominium, Inc. v. Breitenbach, 251 So. 2d 685, 687 (Fla. 4th DCA 1971). If any proposed change would affect function, use, and/or appearance, then the change would likely be considered a material alteration. Whenever there is a “close call” regarding whether a change is a material alteration, the case law typically finds that the change is a material alteration. Section 718.113(2) (a), regarding material alterations by condominium associations, provides as follows: (2)(a) Except as otherwise provided in this section, there shall be no material alteration or substantial additions to the common elements or to real property which is association property, except in a manner provided in the declaration as originally recorded or as amended under the procedures provided therein. If the declaration as originally recorded or as amended under the procedures provided therein does not specify the procedure for approval of material alterations or substantial additions, 75 percent of the total voting interests of the association must approve the alterations or additions before the material alterations or substantial additions are commenced. This paragraph is intended to clarify existing law and applies to associations existing on July 1, 2018. Accordingly, unless the condominium declaration provides otherwise, an association will need to obtain the approval of 75% of its members before the project starts. Now, some projects which would otherwise be considered material alterations or substantial additions to the common elements are deemed maintenance and are solely within the board’s power to perform. Maintenance to the common elements, regardless of the cost, is solely within the Board’s power and discretion to perform. That being said, arbitrations decisions regarding whether an alteration is necessary maintenance versus a material alteration are usually unpredictable. Accordingly, it is usually better to err on the side of caution and obtain membership approval, if required. This conservative course of action demands more consideration now, as the statute changed on July 1, 2018. Before the change in the statute, some cases stated that if membership approval was required, the Association could obtain the approval after the alteration was made. However, as of July 1, 2018, the law requires the approval before the alteration or addition is commenced. While the law fails to address what will occur if approval is not obtained, it is possible that a court or arbitrator would require removal of the alteration or addition. Accordingly, it is best to obtain any necessary approval before the start of any project that alters or adds to the common elements or association property.
VOL. 6 | ISS. 2 | NEFLCAI.COM | 9
10 | THE COMMUNITY CONNECTION
VOL. 6 | ISS. 2 | NEFLCAI.COM | 11
Bioengineered Living Shorelines: The Newest Erosion Control Solution When development companies design community associations with lakes and stormwater ponds, they envision them as beautiful aquatic resources to attract homeowners, connect with nature and enhance the surrounding property. Without proper management, however, these waterbodies can quickly become eye-sores that produce harmful algae and bad odors, lead to damaged and eroded shorelines, and result in displeased community members. Most aquatic management professionals will tell you that when a property manager calls about an issue at their waterbody, it’s often past the point of a quick fix. This is regularly the case when we arrive onsite to look at an erosion issue on a lake or pond embankment. Rather than finding a few problematic patches of rock or soil, we discover steep, unstable banks, deep washouts and extensive bottom muck caused by years of sedimentation. Erosion is a natural process caused by wind, rainfall, poor design, cultural impacts like mowing and recreation, or simply an aging aquatic ecosystem. These erosion issues are all exacerbated by human disturbance. Unfortunately, erosion can also negatively affect your lake, stormwater pond, canal or coastline by causing loss of habitat and property value, nutrient loading, reduced storage volume and waterbody depth, and excess runoff. When topsoil is displaced, stormwater pipes and structures can be exposed and damaged. Overtime, erosion can lead to the formation of trenches and gullies that pose a serious danger to the public. There are many ways to correct erosion with rip-rap, bulkheads, and other hard armoring systems; in certain situations, they may be the preferred option. In my experience, however, reestablishing the embankment utilizing vegetation, whether turf grass for recreation or native vegetation for habitat, has always been an excellent way to halt erosion and enhance community waterbodies. There are several best management practices that can help stop erosion and establish vegetation, but a lot of them have a shorter life-span or planting restrictions. Fortunately, there is a new solution available for both the immediate and long-term stabilization of shorelines and hillsides. Bioengineered living shorelines are the latest technology in erosion control. These patented woven systems offer an innovative, environmentally-friendly solution to immediately stop shoreline and embankment erosion and create a natural foundation for vegetation. The most effective systems available are designed using a combination of ecofriendly, biodegradable burlap sock-
12 | THE COMMUNITY CONNECTION
by J. Wesley Adams, Environmental Scientist and Regional Manager at SOLitude Lake Management
like fabric and heavy-duty knitted mesh. The socks can be filled with local pond muck and sediment, which is why many property managers choose to pair this solution with proactive hydro-raking projects. After the woven mesh systems are filled, they are then secured to the embankment and can be immediately sodded, planted with native beneficial buffer plants, or seeded through the mesh and fabric layers.
As an Environmental Scientist, I’ve utilized several different shoreline restoration techniques over the years, but this innovative system is certainly creating some excitement! It provides immediate stabilization while effectively filtering and buffering run-off water, removing harmful contaminants and benefiting waterways and water quality, all the while providing a seamless planting platform and long-lasting erosion control. Restored banks and hillsides can be walked on within just a few days, making bioengineered shorelines a fast, aesthetically-pleasing and long-lasting solution for most properties. Depending on your waterbody and specific erosion issues, goals and budget, your lake management professional may recommend other natural restoration tools. Lakes and ponds that experience heavy water movement may be suitable candidates for erosion control using logs comprised of coconut fibers. Installed in areas with direct water flow, these biodegradable logs can help redirect water movement while reducing erosion along delicate banks. Coconut “coir” logs are biodegradable, compact and excellent solutions for properties in need of a truly custom erosion control approach. Whether you decide to move forward with a complete shoreline restoration or are several years away, it’s imperative to properly
budget and integrate proactive management strategies that protect your banks and hillsides, while preserving the water quality of your aquatic resource. Cultivating a beneficial vegetative buffer with flowering native vegetation will help stabilize soil during rainstorms. Deep-rooted flowering plants can also help pull excess nutrients from stormwater runoff, preventing the growth of nuisance weeds and algae in the water resource. Undesirable nutrients can be further combated with the professional application of naturally-occurring nutrient remediation products, which permanently â€œlock upâ€? and prevent nutrients from fueling aquatic weeds or algae. Just like lawncare, lake and stormwater pond management is an ongoing commitment that requires different approaches throughout the year. While no two waterbodies are the same, each and every aquatic ecosystem is susceptible to shoreline erosion and can benefit from custom management plans that integrate buffer management and nutrient remediation, as well as other sustainable tools like hydro-raking, aeration, biological augmentation, and regular water quality testing. Whether your waterbody is in its prime or has seen better days, contact your lake management professional to restore and prolong your water resourcesâ€”starting with the shoreline
VOL. 6 | ISS. 2 | NEFLCAI.COM | 13
14 | THE COMMUNITY CONNECTION
Ask The Experts Joseph E. Adams Esq. Becker
Who Replaces Condominium Building Windows? The windows in my condominium unit need to be replaced. My condominium association is stating that windows are my responsibility. Because the windows are part of the exterior building, doesn’t Florida law require the association to replace the windows? (S.R, via e-mail)
The Florida Condominium Act does not specifically address whether the association or the individual unit owners are responsible to maintain, repair, and replace windows. Section 718.113(1) of the Act states that the association is responsible to maintain the common elements. However, the statute goes on to state that the declaration can require that limited common elements be maintained by the individual unit owner benefited by the limited common element. Therefore, whether the windows are the responsibility of the association or the individual unit owners will depend on whether the windows are part of the units or part of the common elements (and if a limited common element) and how the declaration assigns the maintenance responsibility. In my experience, it is fairly common to see the maintenance responsibility for windows and sliding glass doors placed upon unit owners rather than the association. It is also important to note that the responsibility to insure windows and sliding glass door rests with the as-
sociation as a matter of state law and cannot be altered through the condominium documents. Likewise, if the windows or sliders are damaged by an “insurable event,” such as a hurricane, the association is likewise responsible for repair or replacement of the windows as a “repair after casualty” at the expense of all owners, unless the association has “opted out” of that statute or if the statute is deemed inapplicable for constitutional reasons. When the declaration requires the unit owners to maintain, repair, and replace windows, the current version of the statute also contains a procedure for the association, after majority vote of the owners, to install impact glass on a charge-back basis to the owners. Owners with compliant hurricane protection are excused from the assessment through credits. This provision of the statute is rather ambiguous and presents many technical legal issues, so a competent attorney should be consulted if this procedure is undertaken. A question has arisen in my condominium association concerning who has the authority to adopt the budget, the board of directors or the members. Can you clarify this for us? (D.A., via e mail)
As with many community association legal issues, the answer will be depend on the language of your condominium documents. The Florida Condominium Act does
not specifically address the issue. The statute states that board meetings where a budget is to be considered has to be noticed at least 14 days in advance by posting and mail or hand-delivery, and a copy of the proposed budget must be provided with the mailed/delivered notice. E-mail notice can also be used for those who owners who consent in writing. Accordingly, the statute seems to contemplate that the board will approve the budget. In fact, the statute outlines a process by which the owners have the right to propose and adopt an alternative budget, when the budget adopted by the board requires assessments against the unit owners, which exceed 115% of the assessments preceding fiscal year. However, it is not uncommon, particularly in older condominium documents, to see a requirement that the owners also approve the budget. In my opinion, such a provision is not at odds with the statute and would be enforceable. However, I do not believe such clauses are desirable for a variety of reasons. It is also important to remember that even where the board has the authority to adopt the budget, the board does not have any discretion when it comes to reserves. Unless the owners have voted to waive or reduce the funding of reserves, any budget adopted by the board must include fully funded reserves.
VOL. 6 | ISS. 2 | NEFLCAI.COM | 15
“FIR” REAL CHRISTMAS TREE CARE TIPS! Brought to you by SERVPRO Thanks to the cheery lights dancing among the branches and the electrical cords that power them, many people assume that fire is the primary risk that you face when hosting a live Christmas tree for the holidays. In actuality, a well-watered tree is reasonably fire retardant. The Old Farmer’s Almanac reports that real trees are involved in less than one-tenth of 1% of residential fires. so as long as you care for it properly, your tree is unlikely to trigger a blaze. However, there is a more insidious threat lurking beneath the branches that is overoverlooked: water. White watering a live tree helps to prevent a fire, it can also leave your home vulnerable to water damage. If the tree stand supplying the tree with water is overfilled or prone to leaking, you may not notice until it’s time to take the tree down, and that is a real problem. Even a small amount of water can cause a large amount of damage if it’s left unattended. To compound the problem, mold can flourish in as little as 24 hours when water damage occurs. When it comes to your Christmas tree, preventing damage and maintaining your seasonal comfort and joy is fairly easy if you take the following steps: • Choose your tree carefully. If a live tree is at the heart of your hoiday decorating plans, take care when selecting your tree. Look for a fresh, healthy tree with green, flexible needles. • Be smart about your tree. Choose a qualie neeBe smart about your tree. Choose a quality tree stand that can offer your tree the appropriate amount of water without making a mess. According to the National Christmas Tree Association, a suitable stand provides 1 quart of water for each inch of trunk diameter. If your stand isn’t big enough, replace it. The trunk’s outer layers are the best at collecting water, so chiseling away at them to cram your tree in a too-small stand can starve your tree of much-needed moisture and create unnecessary danger. • Pick the right place and decorations. Place your tree in a level location that is a safe distance from heat sources and opt for low-heat lights. Keeping things cooler near the tree means it can dry out at a slower rate. • Water wisely. Before placing your tree in its stand, saw off a few inches from the bottom of its trunk to open the pores there and improve hydration. Then be aware of the watering. In the first 24 hours, a fresh tree can use one gallon of water, and it can drink 65% of its water in the first week. Pay attention to how much water your tree is consuming. Be sure to give it enough without indulging in over-watering. 16 | THE COMMUNITY CONNECTION
VOL. 6 | ISS. 2 | NEFLCAI.COM | 17
18 | THE COMMUNITY CONNECTION
Condominium Association Registered Agents - Protect Your Interests An often overlooked but important aspect of every Florida condominium association is the designation of its Registered Agent (RA). An RA is a person or company who agrees to accept legal mail on behalf of a corporation. While this responsibility is often performed by a condominium board member or management company, best practice is to appoint the associationâ€™s corporate counsel to serve as the RA.
Florida Statute 48.091 requires corporations designate a registered agent and registered office. All Florida condominium associations must be incorporated, and therefore must abide by this Statute. An RA may be a natural person who is a resident of Florida, a corporation, or an LLC authorized to do business in Florida. The business office of the RA is called the registered office. It must be a street address, not a PO Box, and be kept open from at least 10 a.m. to 12 noon each day except Saturdays, Sundays and legal holidays.
Many corporations appoint one of their officers or directors as the RA. Until about 10 or 15 years ago, it was common that a member of the condominium Board would serve as the RA. Since the 2008 real estate crash, condominium associations generally prefer to list their management company (if they have one) and its office as its RA and registered office.
The reason board members have sought to remove themselves from serving as the RA since the 2008 crash is likely two-pronged. First, the high number of mortgage foreclosures during the crash resulted in board members being continuously served by a sheriff or process server with mortgage foreclosure lawsuits at their private residence. Second, as corporate records became more easily accessible online, management companies did not want competitors to obtain home addresses of condominium directors to solicit their business. Management companies have therefore been more willing to undertake the RA responsibilities to shield their clients. It is strongly suggested corporate counsel be appointed as RA in place of a management company of condominium board member. When an attorneyâ€™s office is designated as the RA, it has a duty to ensure sure the client is informed of any lawsuit. The attorney will work with both the client and the CAM, as needed, to obtain coverage and a defense under an insurance policy. An attorney can also analyze the lawsuit if it involves a mortgage foreclosure to determine how best to defend it and recommend specialized counsel when necessary.
By: Robert L.Tankel, Esq. | Tankel Law Group
This arrangement is more efficient for the associations and the CAMs, especially when dealing with mortgage foreclosures. During the crash, our office defended thousands of mortgage foreclosures at no charge to our clients and continue to do so as needed. The designation of an RA can be done when filing the annual corporate report. If the report has already been filed, the RA can be changed midyear for a nominal cost.
VOL. 6 | ISS. 2 | NEFLCAI.COM | 19
The Price of Insurance v. The Cost of Insurance Pay an amount certain now, or be surprised later By Joel W. Meskin, Esq., CIRMS | The McGowa Companies Community associations are creatures of budget. The primary purpose of a budget is to provide certainty and avoid surprises as the board complies with its obligation to protect, preserve and enhance the association assets.
More often than not, board members primarily focus on “price” when purchasing insurance. However, “price” is only relevant if the options presented substantially provide the same coverage - apples for apples; or there are never any claims. Caveat: Remember not all insurance is created equal!
The reality is most boards never make the ultimate insurance decision, because they defer this task to the CAM. Not only do they defer to the CAM for insurance decisions, they do not meet in person with the community association insurance professional. It is one thing to defer the insurance leg work to the CAM, however, it is another thing for the CAM to make the insurance purchase and maintenance decisions on their own. In my humble opinion, focusing primarily on the point of sale premium should be the last decision. The key obligation is to determine whether the insurance proposal is proper coverage to protect, preserve and enhance the association assets. CAUTION: BOARD MEMBERS BEWARE More often than not, the management agreement with the Association requires that the association unilaterally indemnify the Management Company and the CAM for claims arising out of services provided. The board is obligated to protect, preserve and en20 | THE COMMUNITY CONNECTION
hance the association assets. Primarily focusing on price in the insurance decision process is counterintuitive to this duty. Where in the governing documents does it provide that the board has a duty to save the association money when purchasing insurance? Nowhere! Rather, the duty is to determine what insurance will best protect the association assets. Boards are authorized to seek counsel from professionals when an issue is beyond the knowledge of the average board member. Insurance is one of those issues. Moreover, why wouldn’t a board always seek counsel from a community association professional? Boards are always looking for cheaper anything. Why not obtain counsel from a community association insurance professional who does not charge. The “cost of insurance” is not the same as the “point of sale premium.” The “cost of Insurance” is the total amount the association incurs at the time of a loss or claim plus the value of peace of mind that the association receives during the claims process. If the board made sure they purchased the best coverage for the association, the cost of insurance will have been a good deal. However, if the focus was the point of sale price as opposed to coverage, there is a very possible reality that the cost of insurance could be significantly higher than the price, because the association will be self-insured for the coverage that was sacrificed for the cheaper price. Caveat: More important for associations than “point of sale insurance premiums” is not being surprised by uncovered claims!
CAUTION: CAMs BEWARE! Many management agreements expressly provide that the CAMs assume the task of purchasing and maintaining the association’s insurance program. In other situations, many management companies take on this role voluntarily and may involve preferred insurance business partners in the process. This practice in and of itself is not necessarily a problem. However, there are a number of traps for the unwary, including who is ultimately responsible for any errors in the purchase and maintenance of insurance. The key individuals that should be most concerned here are management company “owner” and Boards. 1. Indemnification Most management agreements have an indemnity provision that provides that if the CAM is sued for something it did for or on behalf of the association, the insured needs to provide the CAM defense and indemnity. Accordingly, the managed association must be able to fund that obligation. Many CAMs and Boards “assume” that this can be funded by the association’s Directors and Officers policy where the CAM is almost certain to be added as an additional insured, or are included in the policy definition of insured. As a result, the funding of the obligation owed the CAM is by the associations assets, special assessments or a loan. It is also important that the Management Company or CAM understand the indemnity provisions of your state. Not all states will allow indemnification for someone’s active negligence, and many if they do allow indemnity for active negligence, that provision must be expressly set forth in the agreement, and in some states follow a certain formula. 2. Community Association D&O Policy Most Boards, Management Companies and CAMs “assume” that since the management company was working on behalf of the association, and since it is an additional insured on the D&O policy, that the CAM will be covered and that is how the insurance claim against the CAM, for whom the association agreed to provide defense and indemnity will be funded. Unfortunately, virtually every D&O policy on the market “excludes” coverage for claims by the association against the Management Company or CAM. Even worse is that
there are some D&O policies where the Management company or CAM is not even covered under a policy. 3. Management Company/CAM Professional Liability Insurance Virtually all CAM Professional Liability Insurance “expressly excludes” any claims arising out of insurance claims. This should make sense, because a professional liability policy is intended to cover the professional from its industry professional services. CAMs are not licensed Insurance professionals. 4. Conflict of Interest Some management companies or CAMs have their own preferred insurance professional who in turn has its own preferred insurance carrier. There are also some where the insurance is a division, affiliate or subsidiary of a management company. These may in fact provide the best products to protect the association’s assets. However, there are two key requirements. First, any such relationships must be expressly disclosed to the association board. Second, under this scenario, the management company or CAM must still conduct its due diligence as to the best available coverage, and not just the best price. 5. Business Good Will There are “Good Will” issues that can arise from insurance issues. First, very often the management agreement has a unilateral indemnity agreement flowing from the association to the Management Company or CAM. Theoretically, if the CAM does not purchase and maintain the appropriate coverage, it is still protected, because the association must defend and indemnity the management company or CAM. Who will tell the board that we the management company are being sued, but you have to defend us. As long as the management company is not concerned about losing the client, there is no problem. Does the management company and CAM have an obligation to disclose this to the association before the agreement is entered? Second, what will the neighbor associations or other associations think when they hear about this? What will the impact be on the association property values?
VOL. 6 | ISS. 2 | NEFLCAI.COM | 21
22 | THE COMMUNITY CONNECTION
6. Management Company CEOs Beware One of the biggest mysteries I have encountered in my years in this industry is why there are Management Company CEOs, executives and owners who do not make it one of the highest priorities to make sure the association’s insurance program is the best. Management Companies spend so much time making sure they are additional insureds on the association insurance policies, but they do not make sure the association’s policy is not the best. The management company and the CAM’s coverage is only as good as the associations. TAKE AWAYS • Community Association Insurance Professionals do not charge to meet, counsel or present to your
Board. Make the Insurance Professional’s E&O on the line, not the Management Company or CAM. The Insurance Professional, not the CAM is the licensed insurance expert. • Boards should exploit community association insurance professionals for two reasons. First, boards owe a fiduciary duty to the Association and relying on a licensed community association insurance professional. By doing so, the board develops a strong defense to a strong business judgment defense. Second, the counsel is free. • CAMS should never sign an application on behalf of an association. The association does not pay the Management Company or the CAM • Always make the board review the application, make any changes they need and have the appropriate board member sign the application. • Not all insurance coverage is equal.
VOL. 6 | ISS. 2 | NEFLCAI.COM | 23
24 | THE COMMUNITY CONNECTION
VOL. 6 | ISS. 2 | NEFLCAI.COM | 25
2019 Chapter Award Winners Volunteer of the Year Robert Chamberlain
CAM of the Year Gianna Rahmani
26 | THE COMMUNITY CONNECTION
2019 Chapter Award Winners Business Partner of the Year Krystal Klean
Neighborhood of the Year Queens Harbor Yacht and Country Club
VOL. 6 | ISS. 2 | NEFLCAI.COM | 27
events Thanks to our Presenting sponsors, Bush Law Group and ECO Roof & Solar, the Annual Gala & Awards at Epping Forest Yacht Club was a wonderful beginning to the Holiday season! Robert Chamberlain was awarded the coveted Volunteer of the Year award! Other Award Winners were: Community Manager of the Year: Gianna Rahmani; Neighborhood of the Year: Queens Harbor Yacht and Country Club Business Partner of the Year: Krystal Klean All in attendance enjoyed the atmosphere, food, drinks, delicious desserts, music, & danced the night away.
28 | THE COMMUNITY CONNECTION
VOL. 6 | ISS. 2 | NEFLCAI.COM | 29
30 | THE COMMUNITY CONNECTION
FLORIDA LEGISLATIVE ALLIANCE
Formed in 1987, the CAI Florida Legislative Alliance is a volunteer legislative action committee consisting of homeowners and professionals serving community associations. They advocate in Florida by identifying community associations issues, monitoring pending legislation, and setting legislative priorities. In addition, they build relationships with and educate state legislators, providing invaluable advice when community association issues arise. For more information, contact CAI's National Headquarters Office at email@example.com.
VOL. 6 | ISS. 2 | NEFLCAI.COM | 31