VOL. 5 | ISS. 2
Northeast Florida Chaper Community Association Institute
THE COMMUNITY CONNECTION
IN THIS ISSUE Bullying and Harrassment Claims Do Your HOA Documents Need Amending? Condominium and Homeownersâ€™ Associations Should Coordinate with Legal Counsel Before Obtaining Loans Short-Term Rentals and Community Associations Maintenance, Repair and Replacement Responsibility Within Your Condominium Association Disaster Plans and Rising Sea Levels
4250 A1A South, F-32 St. Augustine, FL 32080 www.neflcai.com firstname.lastname@example.org 904-907-7234
2018 board of directors Jimmy Dycus, President Catie Marks, President-elect Patricia Truax-Stewart, PCAM, Treasurer Pilar Willis-Dixon, Secretary Ed Ronsman, Esq., Immediate Past President Bob Chamberlain, Director David Robinson, Director
committees Membership - Patricia Stewart; Board Liaison: Pilar Willis-Dixon/Karen Foy Finance - Patricia Stewart; Board Liaison - Bob Chamberlain Expo - Cindy Dunlop; Board Liaison - Ed Ronsman Programs/Education - Ed Ronsman Gala - Donna Clawson Social - David Robinson; Board Liaison Catie Marks Legislative Action, Pilar Willis-Dixon & Robyn Severs, Esq.
newsletter Editor - Leslie F. Pragasam; Board Liasion - Jimmy Dycus/Karen Foy
from the president Dear NEFL CAI Family, Can you believe that we are already pushing into the 2nd quarter of 2018? I feel like so much has already happened this year and yet we have so much more in store for you even in just this 2nd quarter. I would be doing your team of board members a huge disservice if I didn’t take the time to recognize them and thank them for all their hard work so far! From the bottom of my heart, THANK YOU David Robinson, Pilar Willis Dixon, Patricia Truax Stewart, Bob Chamberlain, Catie Marks, Ed Ronsman and of course the one I call “Wonder Woman,” our Chapter Executive Director, Karen Foy, for volunteering your time and efforts to make this a great chapter. We have been nothing short of swamped these 1st three months with two chapter breakfasts, our 1st ever Jacksonville Iceman social event, our unfortunately perfectly timed Active Shooter and Workplace Violence educational event and so on. These things are not possible without the hard work of all our committee members and committee chairs. We are pleased to offer these educational events to our members with CEU credits and if you have any ideas for topics, or if you would like to teach a course, please do not hesitate to contact either Patricia Truax Stewart, our programs committee chair or Karen Foy. This quarter is shaping up to be just as busy, if not busier than our 1st quarter. We have a couple stellar social events planned as well as our National CAI Conference in Washington, DC in May. This is always a phenomenal educational opportunity and I would invite you to
try to make it if at all possible this year! In addition, our marquee educational event and Chapter Expo will be sure to impress so please mark your calendar for Thursday May 31st at the Renaissance Hotel at the World Golf Village in St. Augustine. Under the leadership of Cindy Dunlop and Ed Ronsman, our Expo Committee Chairs, we have grown year over year and are proud to be able to do a few more things for our chapter. This year’s Expo will be sure to knock your socks off! Finally, none of this would be possible without the companies that year after year sponsor this great chapter, those that sponsor chapter breakfasts and educational events, but most importantly the people who work so hard on our different committees making this all come together. I’d like to challenge you to get more involved in this up and coming chapter. We need your talents on our different committees and we need your sponsorships at our different events! If you have any questions on how to become more involved or would like additional information on sponsorship opportunities, please do not hesitate to contact myself or Karen. Enjoy this “award winning” newsletter! Shout out to Leslie! #bestnewsletterever Respectfully, Jimmy Dycus President
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Message from the President Important Event Welcome New Members Editorial Calendar Events Calendar Bullying and Harassment Claims Do Your HOA Documents Need Amending? Condominium and Homeownersâ€™ Associations Should Coordinate with Legal Counsel Before Obtaining Loans Short-Term Rentals and Community Associations Maintenance, Repair and Replacement Responsibility Within Your Condominium Association Disaster Plans and Rising Sea Levels Past Events Premier Directory Basic Directory
Providing education, networking, resources and advocacy for Community Associations in Northeast Florida and the professionals and volunteers who serve them. 4 | THE COMMUNITY CONNECTION
2ND QUARTER 2018 | NEFLCAI.COM | 5
Welcome New Members NEFL-CAI proudly welcomes the following members who have joined the chapter in December, January, and February! Homeowner Leaders Sue Arnstein Donna Auger Vesta Janner Robert Mayfield Joyce Wesley Anthony Wolfe
Sondra Crygier Jarvis Moore Patricia Lind
Carolyn Davies Francis Reagan Sally McAtee
Adam Russo - Florida Certified Contractors
Patricia Huston Andrea Ross William Osborne
Randy Jones - Heritage Insurance
Community Association Managers
Jesse Martinez-Skinner - Leland Management
Thank you to all of our members who have rejoined or renewed their membership with the NE Florida Chapter! Thank you for your continued support!
THE COMMUNITY CONNECTION EDITORIAL CALENDAR
Month Article/Submissions Due Ads Due July 2018 June 1, 2018 June 18, 2018 October 2018 September 3, 2018 September 17, 2018 January 2019 December 3, 2018 December 17, 2018 April 2019 March 1, 2019 March 18, 2019
6 | THE COMMUNITY CONNECTION
April 4, 2018
Omni Amelia Island Plantation Racquet Park Conference Center - Egret Room 142 Racquet Park Drive Amelia Island, Florida 32034
8:45 AM - 12 PM
All business partners, managers, and HOA/ COA President/board members/designees are encouraged to join area Industry Leaders for our Association Forum for Why Reserve and Whatâ€™s on the Agenda in Tallahassee for 2018.
Member Non-Member H/O Leader FREE FREE Speakers include President of CommuniCAM FREE FREE ty Advisors, Charles R. Sheppard, RS, PRA, Business Partner $15 $25
April 26, 2018 Social Event
Kickbacks Gastropub 910 King Street Jacksonville, FL 32204
Check our website for current information.
May 31, 2018
6th Annual Expo
CCI & Attorney Ed Ronsman, Esq. of Jackson Law Group.
Join other chapter members for an evening out that is sure to be a great time.
Check our website for current information. Thank you to Presenting Sponsors, Disaster Consulting Services and CAT 5 Contracting General Contractors, our 6th Annual Chapter Education Day & Expo is sure to be a great day!
Renaissance Hotel World Golf Village 500 S. Legacy Trail St. Augustine, FL 32092 Member Non-Member Keynote Speaker, Betsy Barbieux, CAM, H/O Leader FREE FREE CFCAM, is enthusiastic, motivating, and CAM FREE FREE
inspiring. She will teach is How to Understand Just About Anybody.
NEFL-CAI has a zero-tolerance policy regarding suitcasing. Any company suspected of suitcasing Donâ€™t miss this day of CEU credits, board will be escorted from the building. For questions member certification, lunch, prizes, netregarding this policy, please contact Karen Foy at working, and happy hour. email@example.com.
2ND QUARTER 2018 | 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.
Offices in Jacksonville, St. Augustine, Fleming Island and Palm Coast
Because Experienced Legal Advice Helps Boards Make Better Decisions
904.737.4600 email@example.com www.ansbacher.net
8 | THE COMMUNITY CONNECTION
Bullying and Harassment Claims by Betsy Barbieux, CAM, CFCAM - Professional Development Coach, Florida CAM Schools, LLC Bullies exist. Harassment, sexual and nonsexual, exists. Workplace violence exists. But most residents or board members don’t connect these issues to their community associations. They don’t realize all this may be happening right where they live. What’s worse is a few residents don’t realize they are the culprits. The general public is probably familiar with prohibitions against supervisor/employee or employee/ employee harassment. But, how many are aware of something called ”third-party” harassment? Third-party sexual harassment happens when the harassment is committed not by another employee, but by an outsider. Typical perpetrators of this type of harassment include clients, customers, vendors who come on site or otherwise interact with employees, independent contractors who work for the company, and employees or contractors of a different company (for example, a security guard who is responsible for an office building where the company does business, maintenance and repair personnel who regularly come on company property, or caterers who work company
events).*** While many associations may only have one or two employees, they have dozens and hundreds of residents, a few of which could become the “third party.” Visualize an angry resident charging into the association office (more than once), yelling at the manager, threatening bodily harm, calling her names with so much venom that the veins in his neck pop out. This angry resident might be considered a “third party” harasser. The association could face some risk here and the board needs to act immediately. Apparently, this type of behavior happens often enough that the insurance industry has created a policy to cover various employment risks. It is called an Employment Practices Liability Insurance (EPLI) policy. It covers such risks as: • • • • • •
Wrongful termination claims Sexual harassment claims Wage and hour claims Discrimination claims Whistleblower claims Other employment-related claims (which could include
libel, slander, or other defamation, invasion of privacy, mental anguish, infliction of emotional distress, loss of consortium, assault, battery, breach of contract, negligent hiring, supervision, and promotion or retention in connection with any other employment-related claim)* Having EPLI insurance is a good practice, but check your policy carefully, You could be required to include certain definitions, policies, and provisions in your employee handbook. One of which could be the definition of bullying and harassment. What is the difference between bullying and harassment? Bullying may be characterized as offensive, intimidating, malicious, or insulting behavior, or an abuse or misuse of power through means that undermine, humiliate, denigrate, or injure the recipient.** Harassment is unwanted conduct related to a relevant protected characteristic, which has the purpose or
2ND QUARTER 2018 | NEFLCAI.COM | 9
effect of violating an individual’s dignity or creating an intimidating, hostile, degrading, humiliating, or offensive environment for that individual.**
Whether your association has one employee or dozens, you must include in your employee’s handbook policies as required by your EPLI policy. Here is an excerpt from a cooperative association’s employee handbook:
It is unlawful for males to sexually harass females or other males, and for females to sexually harass males or other females. Sexual harassment on the job is unlawful whether it involves coworker harassment, or harassment by a manager, or harassment by persons doing business with or for the association.
OTHER TYPES OF HARASSMENT
The association prohibits sexual harassment and harassment because of race, color, national origin, ancestry, religion, creed, physical or mental disability, marital status, medical condition, age, or any other basis protected by federal, state, or local law. All such harassment is unlawful and will not be tolerated.
Prohibited harassment on the basis of race, color, national origin, ancestry, religion, physical or mental disability marital status, medical condition, sexual orientation, age, or any other protected basis, includes behavior similar to sexual harassment, such as:
SEXUAL HARASSMENT DEFINED State and federal law defines sexual harassment as unwanted sexual advances, requests for sexual favors, or visual, or physical conduct of a sexual nature when: 1) submission to the conduct is made a term or condition of employment; or 2) submission to or rejection of the conduct is used as a basis for employment decision affecting the individual; or 3) the conduct has the purpose or effect of unreasonably interfering with the employee’s work performance or creating an intimidating, hostile, or offensive working environment. This definition includes many forms of offensive behavior including: • • • • • • • • •
Unwanted sexual advances; Offering employment benefits in exchange for sexual favors; Making or threatening reprisals after a nega- tive response to sexual advances; Visual conduct such as leering, making sexu al gestures, or displaying sexually suggestive objects, pictures, cartoons, or posters; Verbal conduct such as derogatory comments, epithets, slurs, sexually explicit jokes, or com ments about any employee’s body or dress; Verbal sexual advances or propositions; Verbal abuse of a sexual nature, graphic verbal commentary about an individual’s body, sexually degrading words to describe an indi vidual, or suggestive or obscene letters, notes, or invitations; Physical conduct such as touching, assault, or
10 | THE COMMUNITY CONNECTION
• • •
impeding or blocking movement; and Retaliation for reporting harassment or threat- ening to report harassment.
Verbal conduct such as threats, epithets, de rogatory comments, or slurs; Visual conduct such as derogatory posters, photographs, cartoons, drawings, or gestures; Physical conduct such as assault, unwanted touching, or blocking normal movement; and Retaliation for reporting harassment or threat- ening to report harassment.
Boards of directors must take action when residents bully or harass their employees. If you are in doubt as to how important and serious an issue this could be for your association, consult with your insurance agent. In today’s litigious society with uncontrolled emotions and people who seem to have forgotten their manners, be sure you have current and adequate Employment Practices Liability Insurance coverage. And do not fail to take immediate action when such behaviors become known to you! RESOURCES ACCESSED FOR THIS ARTICLE *epli.com **www.acas.org.uk/media/pdf/l/r/Bullying_and_ha rassment_employer_2010-accsesible-version-July-2011. pdf ***www.employmentlawfirms.com/resources/employment/workplace-safety-health/what-third-party-sexual-harassment www.americanbar.org/newsletter/publications/law_ trends_news_practice_area_e_newsletter_home/howtoavoidliability.html
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Do Your HOA Documents Need Amending? by Robyn M. Severs, Esq., of Becker, formerly known as Becker & Poliakoff tion. A voting interest is the vote assigned to each lot in the community. Usually, it is the owner of the lot, but there are times that voting interests are allocated differently in communities so you would need to Are your governing documents out- check your governing documents. dated and need amending? If your answer is yes, then this is the article Of course as with any law, there to read. The “governing documents” are exceptions. Section 720.306(c) of a homeowners association are does require a different vote in the Declaration of Covenants, the certain instances. If the amendArticles of Incorporation, the By- ment proposes to materially allaws and the Rules and Regulations. ter the voting interests allocated
need to follow any procedure to amend that is outlined in the governing documents. Pay attention to any special notice requirements, whether the amendment must be adopted at a meeting or must be by written consent, as well as the manner in which the amendment must be presented to the members for voting. Section 720.306(b) also provides that a copy or notice of the amendment will need to be provided to owners within thirty days after the amendment is recorded.
When deciding how to amend your HOA documents, you would first look at any relevant provisions in each of the governing documents. If the governing documents do not explain how the document is to be amended, then you will need to refer to Section 720.306(b), Florida Statutes, which states as follows: “Unless otherwise provided in the governing documents or required by law, and other than those matters set forth in paragraph (c), any governing document of an association may be amended by the affirmative vote of two-thirds of the voting interests of the association.” Accordingly, if any of the Association’s governing documents do not explain how the document should be amended, you may be able to amend the document upon the approval of two-thirds of the voting interests of the Associa-
Amending an Association’s governing documents may seem simple, but it is not. If an amendment is done incorrectly, it will be deemed void or invalid. Accordingly, an Association must seek legal advice from an attorney before adopting any amendment.
to a parcel or proposes to increase the percentage each owner pays in common expenses, all owners and their lienholders will need to agree to such an amendment. This statutory provision is often implicated when an Association wants to add or remove any lots in a community. In addition to obtaining membership approval for amendments, there are times when the governing documents require the approval of the mortgagees of the lots. For older communities, you will likely need to follow the procedure in your governing documents. However, for mortgages recorded after July 1, 2013, the Association can follow the procedure for mortgagee consent in Section 720.306(d). In addition to the necessary vote to pass any amendment, you will also
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14 | THE COMMUNITY CONNECTION
Condominium and Homeowners’ Associations Should Coordinate with Legal Counsel Before Obtaining Loans by James Roche, Esq., of Jackson Law Group The past two hurricane seasons have resulted in many problems that Florida condominium associations, homeowners’ associations, and their managers are experiencing for the first time. Some problems include finding contractors to repair damaged property, negotiating a fair payment with the association’s insurers, and determining how to pay for repairs not covered by insurance (e.g., deductibles). Associations that do not have sufficient reserve funds to cover the full costs of repairing the damaged property often have limited options to pay for repairs: either levy a special assessment against the members or obtain a loan (or both). Depending on how much each member’s proportionate share of the assessment would be if a special assessment is levied (and whether the members have adequate loss assessment coverage in their insurance policies), liquidity can be a problem with the special assessment option. In other
words, if a member is not able to pay a special assessment when due, then the association might not have the funds available to pay a contractor when payment is due. Accordingly, one advantage of the loan option is it avoids the liquidity issue. If your association is considering obtaining a loan, it is important to coordinate with legal counsel early in the process. As part of the loan approval process, many lending institutions require third-party opinion letters, which are opinions rendered by an attorney on various aspects of the transaction. The specific scope of the opinion requested varies by financial institution, but most require the attorney – most often the association’s general counsel – to provide an opinion that the association is permitted by its organizational documents to obtain the loan and has satisfied the requirements to authorize it. For example, if the association’s governing documents require membership approval to
obtain a loan, the association’s attorney must review the meeting notices and minutes to ensure the proper procedures were followed and the requisite percentage of the membership approved the transaction to provide the opinion. If the association involves the attorney who will be providing the third-party opinion early in the process, he or she will be confident in providing the opinion that will ultimately be requested by the lending institution and should have all the supporting documents required for the necessary due diligence prior to drafting the opinion. Also, he or she can guide the association through the process by reviewing the association’s governing documents, reviewing the proposed loan documents, reviewing and preparing meeting notices and resolutions, and providing general
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advice to the board. Furthermore, because the attorney would have assisted the association throughout the process, the due diligence will have essentially already been performed by the time the opinion is requested. Involving legal counsel early in the process will ensure the association â€œgets it right the first timeâ€? and often results in the association obtaining the loan more quickly and less expensively than it would by not involving legal counsel from the beginning. On the other hand, associations that do not involve legal counsel early in the process may become frustrated when the attorney cannot provide the opinion because it failed to comply with certain requirements or the content of the meeting notices, resolutions, or other documents are determined
to be inadequate. Even worse, community associations for assissome associations place themselves tance. in a difficult position by signing a contract for repairs without first securing the loan only to later discover it will take longer to obtain the loan than expected and it may not have the funds available to pay the contractor when progress payments are due. In sum, community associations that involve legal counsel early in the process of obtaining a loan should be able to obtain the loan more quickly, diligently, and less expensively than those that do not. If your condominium or homeownersâ€™ association is considering its financing options for repairing damaged property or another purpose, it should contact an attorney experienced in counseling Florida
16 | THE COMMUNITY CONNECTION
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Short-Term (Vacation) Rentals and Community Associations Provided by CAI National website The nature of short-term rentals is not intuitively harmonious with the community association housing model. The community association housing model focuses on bringing people together, strengthening neighborhood bonds and promoting a sense of community and belonging. Association homeowners choose where to live and accept contractual and ethical responsibility to abide by established policies and meet their financial obligations to the association. Board members and managers are guided by their association’s governing documents that are created to maintain community standards, protect property values and encourage a sense of community stewardship. In contrast, shortterm visitors with no ties to the community may not be contractually bound to the association’s established policies nor invested in the overall good of the community.
The sharing economy phenomenon has significantly transformed the dynamics of renting property. The use of online platforms to arrange short-term rentals has created a unique housing market where short-term rentals provide
considerable income for some community associations’ owners, particularly those in vacation destination and resort areas. Community association owners must determine what short-term rental policy is appropriate for their particular community. Before You List Your Home or Condo on a Vacation Rental Website, there are extra steps you must take when thinking about listing a space on a vacation rental website.
Check Your Community Association Rules Make sure you have the most upto-date version of your community rules. Search your community association governing documents for terms like shore-term rentals, leasing, or vacation rentals to see if you have authority to list your home or if there is a process you must follow before listing your home or room as a rental. If you are unsure about whether you have the current governing documents then make a written request to your association board of directors and ask for the current policy.
There are many communities, especially in vacation destinations areas, where homeowners are seeking to list their home as a short-term rental. This becomes a conversation and a choice for the owners to determine a policy that is appropriate for the entire community. Likewise, there are also associations that thrive on a sense of community, one built on a foundation of long-term residents and neighbors who may determine, as a group, that visitors with no ties to the community may not be desirable for the community as a whole. Each association should have the opportunity to choose what is best for the character of their community. Check Your Local Laws
Specifically, check your local municipality ordinances (city, town, county, etc…). Many municipalities have laws regarding shortterm rentals or they may require you register your short-rental with the local municipality in order to obtain permission. Many cities have restriction on shortterm rentals or vacation rentals. An easy way to check is to contact your local municipality via
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phone or you may do a web search – most of these local ordinances are posted on the local municipalities’ web page. Check Your Insurance Requirements
Contact your homeowners’ insurance carrier. Check to see if your homeowner’s insurance covers you for incidents related to offering your home as a short-term rental. After you have done your research and you are sure you are complying with all laws and insurance requirements, decide whether to offer your home/condo on a web site as a short-term/vacation rental. Share Your Community Association Rules
Share your community association’s rules with the people who will be renting your home. They should know what to expect and your neighbors should feel confident your “guests” will be treating their neighborhood like their home. Remember: BE A GOOD NEIGHBOR”
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Maintenance, Repair and Replacement Responsibility Within Your Condominium Association
By Hans C. Wahl, Esq., of Jimerson & Cobb, P.A. Damage to condominium property and the inevitable ensuing argument over the party responsible for the cost of repair is a familiar scenario for many association members. Unit owners, board members and association managers are often unsure of which entity is responsible for the maintenance, repair and replacement of certain items when damage occurs. Deciphering Florida law on this issue can be a confusing task as the answer often depends on a multitude of variables. This blog post provides an overview and summary of Florida law on the maintenance, repair and replacement responsibility within your condominium association when damage occurs. When determining the entity responsible for the repair and replacement of damaged property, the first question to ask is what caused the damage that necessitates the repair and replacement? The Florida Condominium Act (“Act”) makes a distinction on liability depending upon whether the damage was caused by an insurable event (such as a hurricane, fire, or flood) or other reasons (such as normal wear and tear, an intentional act or a negligent act). The Act mandates insurance coverage requirements for all condominium associations. The effect of this mandate is when
damage results from an insurable event then the requirements of the Act, concerning the responsible entity, will control and when damage results from a non-insurable event then the Association’s governing documents (Declaration and Bylaws) will control. The Act’s insurance mandate for condo associations states as follows: Every property insurance policy issued or renewed on or after January 1, 2009, for the purpose of protecting the condominium must provide primary coverage for: (1) all portions of the condominium property as originally installed or replaced of like kind and quality, in accordance with the original plans and specifications; (2) all alterations or additions made to the condominium property or association property; and (3) the coverage must exclude all personal property within the unit or limited common elements, and floor, wall, and 2ND QUARTER 2018 | NEFLCAI.COM | 23
ceiling coverings, electrical fixtures, appliances, water heaters, water filters, built-in cabinets and countertops, and window treatments, including curtains, drapes, blinds, hardware, and similar window treatment components, or replacements of any of the foregoing which are located within the boundaries of the unit and serve only such unit. Such property and any insurance thereupon is the responsibility of the unit owner. Fla. Stat. § 718.111(11)(f) (Emphasis added.) Unit owners are responsible for the cost of reconstruction of any portions of the condominium property for which the unit owner is required to carry property insurance. Fla. Stat. § 718.111(11)(g)2.
What about damage caused by events other than an insurable event? “In the absence of an insurable event, the association or the unit owners shall be responsible for the reconstruction, repair, or replacement as determined by the maintenance provisions of the declaration or bylaws.” Fla. Stat. § 718.111(11)(j). In other words, when damage is caused by something other than an insurable event, the association’s governing documents must be referenced to determine what entity is responsible for the damaged item at issue.
The Act even provides a couple of “catch all” provisions for when certain situations occur. For example, a unit owner is responsible for the costs of repair or replacement of any portion of the condominium propAny portion of the condominium property that must erty if such damage is caused by intentional conduct, be insured by the association against property loss . . . negligence or the failure to comply with the terms of which is damaged by an insurable event shall be recon- the declaration or rules of the association by a unit structed, repaired, or replaced as necessary by the asso- owner or the owner’s guests and tenants. Fla. Stat. § ciation as a common expense. Fla. Stat. § 718.111(11) 718.111(11)(j)1. Moreover, the association is not obli(j). gated to pay for any repair or reconstruction expenses due to property loss or damage to any improvements This statute requires condominium associations to installed by a current or former owner of the unit if the obtain and carry insurance for all of the condominium improvement benefits only the unit, whether or not property, excluding the items underlined above which such improvement is located within the unit. Fla. Stat. are the responsibility of each unit owner to insure. § 718.111(11)(n). When an insurable event occurs, the association must repair and replace the items that it is statutorily manThis means regardless of what the association’s governdated to insure. Conversely, a unit owner is responing documents state about which entity is responsible sible for repairing and replacing the items underlined for damage to certain items, the unit owner will be above when damaged by an insurable event. This is responsible for any damage that results from (1) inregardless of what an association’s governing docutentional acts; (2) negligent acts; (3) failure to comply ments say on this issue. with association rules; and (4) improvements made to the property by current or former owners. To sumThe Florida Department of Business and Professional marize, repair and replacement responsibility can be Regulation, Division of Condominiums, explains that categorized as follows: even if a condominium declaration makes an item the unit owners’ responsibility, when that item is not Damage caused by an insurable event: The association among these statutory exclusions, the declaration pro- is responsible for everything except all personal propvision is preempted by the Act and the association reerty within the unit or limited common elements, and mains responsible for the damage to that specific item. floor, wall, and ceiling coverings, electrical fixtures, See In re Petition for Declaratory Statement Molokai appliances, water heaters, water filters, built-in cabinets Villas Condo. Ass’n, Inc., DS 2006-028, Docket No. and countertops, and window treatments, including 2006035317 (Aug. 28, 2006). In that decision the curtains, drapes, blinds, hardware, and similar window DBPR stated that Section 718.111(11), Florida Statutes, treatment components, or replacements of any of the “controls over any provision to the contrary in a decforegoing which are located within the boundaries of laration of condominium” and is “deemed to apply to the unit and serve only such unit. Such property and every residential condominium in the state, regardless any insurance thereupon is the responsibility of the of the date of its declaration.” Id. unit owner. 24 | THE COMMUNITY CONNECTION
Damage caused by a non-insurable event: The association and/or the unit owners shall be responsible for the reconstruction, repair, or replacement of the damaged item as determined by the maintenance provisions of the associationâ€™s declaration or bylaws. Damage caused by intentional acts, negligent acts, rules violations or prior improvements made by a unit owner to the property: The unit owner is responsible. Condominium property damage and the repair and replacement requirements are often a contentious, costly and confusing aspect of condominium ownership. When facing this issue, it is recommended that you contact a competent and experienced association attorney for legal guidance.
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Disaster Plans and Rising Sea Levels
By Yvette Gurick CMCA, AMS, PCAM of Leland Management One of the most important tasks when managing a Community Association of any size is being prepared for the unthinkable. Having a well thought out disaster plan is essential in getting through the situation as well as recovering from it- which can continue well after the disaster has ended.
ed for maintenance issues, a simple rain storm can lead to a collapsing roof and danger for anyone underneath it. Proper maintenance can ward off potential threats, so itâ€™s important that your preventative maintenance is being performed in conjunction with any other disaster planning. I canâ€™t predict the future and one never knows when disaster can strike, but I want to be sure The first step in developing a disaster plan is determin- in the aftermath I am able to address the questions that ing what dangers you might experience. For many of will be asked as if I knew they were going to be asked. us in Florida, hurricanes are the first thing that come to mind. As many of us know, this entails making sure we Parents can relate disaster preparedness to baby-proofhave phone numbers for important contacts like insur- ing the house. It is recommended that new parents get ance carriers as well as vendors that can properly secure on their hands and knees and crawl around the house the association before the storm reaches your area and looking for things that are attractive to curious toddlers. help in clean up and restoration following the storm. When I was a new parent I had done everything from For some, important information may include knowing securing heavy furniture to the wall, to changing outlet if you are in a mandatory evacuation zone and having an covers. Of course, nothing takes the place of supervievacuation zone map ready. Notifying the membership sion, and I remember while walking out of the room of amenities closing and tentative plans for reopening for just a few seconds, my toddler removed one of those after the storm should also be passed on. Effective com- hard-to-twist outlet covers and had plugged in the munication is essential in all we do, but this is when it vacuum cleaner. Luckily, he seemed to know exactly matters the most and makes all the difference in keeping what he was doing, but I had never thought in a million people safe. It is important to remember that there are years that my one year old would easily plug something many details to consider when preparing for any occa- into an outlet that, quite frankly, had me challenged. sion, but the best planning can still not cover everything. As much as I thought I had covered my bases, I was thrown for a loop in knowing that my baby could have Hurricanes are only one possible calamity in Florida, and easily put something into that outlet that could have reeach differing disaster can call for a completely different ally knocked me (and him) back. The best disaster plans plan. Preventative maintenance is essential in helping can always be reviewed and unfortunately, it may come to prolong the life of our amenities and common areas, after the disaster that we learn where improvements can but it can also make the difference in mitigating poten- be made. I recall the first hurricane anyone had seen tial problems. If your roof seems to be working but is in years hitting the area and we pulled the hurricane reaching the end of its life and it hasnâ€™t been inspect- preparedness plan and hunkered down. We thought 26 | THE COMMUNITY CONNECTION
we had everything covered and had done all we could before the storm had arrived. There was a lot of damage from fallen trees that we would not have been able to mitigate, but we missed the thousands of streetlights with glass globes throughout the community. We picked up fallen globes for weeks, not to mention the expense of replacing the globes because, as many of us know, meeting the insurance deductible for hurricane damages is not easy in the State of Florida. Luckily, the globes themselves didn’t cause too much damage, but they could have. As we reviewed our plan immediately following the storm, we were quick to add instructions for removing and storing the globes to our hurricane preparedness plan. We also added to our existing landscape contract to coordinate their initiating clean up where homes were compromised by fallen trees. Those with contracts were the first ones to get service, not to mention we were then locked in to set rates, rather than being at the mercy of the first company available.
prepared, so beginning the conversation now is a good start. Talk to engineers, especially those that have already worked on projects that relate to this subject. Ask contractors if they have done any projects that might fit into this scope of work and get their take on things. Communication is key to everything we do and the more people you engage in the discussion, the more perspective you stand to acquire on the topic. It can range from adapting existing structures to relocating them, but the one thing you don’t want to do is wait. Something has to done now to begin the conversation. Know your options, keep the conversation going, research the issues associated with rising waters, know what measures have been taken for areas prone to flooding, and think outside of the box. Brainstorm, do more research, ask people their thoughts. Reach out to local municipalities to see if they have discussed disaster plans for this type of catastrophic event. We know once it becomes an urgent concern it will affect a lot more than just those living on the coast, and Even if we believe we have thought of everything, it is those with no plan at all will be the most devastated. important to remind ourselves to Think the Unthinkable. Rising sea levels are one of the things for which we may not have given much consideration. We have heard scientists tell us for years that water levels are rising, but most of us don’t give it a second thought, especially if we don’t live or work on the beach. Another mistake we make is taking for granted that it is someone else’s problem. Tax dollars work to restore washed away beaches, not entirely for the sake of beachgoers having a place to set their chair, but for the houses that will be affected if they aren’t replenished. We can’t forget about the tourists and their contribution to local economies. The bottom line is that many beaches would not exist, at least not as we know them now, without human interference. How does one begin to think about disaster planning for something like rising sea levels? Certainly, we have more than enough time to think about it. We have been hearing about it for years and still haven’t been affected by it. Why do we need to think about it now? Some places already are. From floating residences and bridges, to houses on stilts, its affects are being considered and plans are being made, even if not in our own backyard. We need to look at what has already been done and its success or lack thereof. We need to think how it could affect us if the water rose and didn’t recede. Can existing structures be modified to accommodate the new environment? Part of any good disaster plan is being 2ND QUARTER 2018 | NEFLCAI.COM | 27
events On February 23rd, members enjoyed our first social event of the year - a Jacksonville Icemen hockey game! Guests enjoyed a delicious spread of food and great conversation along the party deck pre-game before being escorted to their seats where we watched and cheered on the Icemen for a win. It was definitely a win-win for all in attendance. Check our website for the next social event. You do not want to miss out!
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March 15, 2018 - Thanks to our meeting sponsor, First Coast Mulch, attendees enjoyed a delicious breakfast at the Jacksonville Golf & Country Club and listened to Certified Environmental Specialist & Playground Safety Inspector, Christine Connery, discuss the importance of performing scheduled playground inspections. Each year more than 200,000 children go to the emergency room with playground-related injuries, so itâ€™s important your Association & children are protected by including this often neglected area in routine inspections.
April 4, 2018, our chapter partnered with Amelia Island Plantation for the Associations Forum at the Racquet Park Conference Center on beautiful Amelia Island. Attendees included board members, homeowner/condo volunteers, Association Managers, and Business Partners. Presenters, Charles R. Sheppard & Edward Ronsman, discussed the importance of Reserve Studies & important Legislative Updates & what to expect in 2018 and answered attendee questions. Be sure to check the website for the latest events.
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HB 841 APPROVED BY THE GOVERNOR MARCH 23, 2018 The Florida legislative session has come to an end and the CAI Florida Legislative Alliance (CAIFLA) initiated bill which became the Community Association Package for this session made it to Governor Scott’s desk. HB 841, which is the vehicle for most community association legislative issues including much-needed clarifications for community association governance, was approveed by Governor Scott on March 23rd and shall take effect July 1, 2018. The following is an excerpt. Official Records (a) From the inception of the association, the association shall maintain each of the following items, if applicable, which consitutues the official records of the association: 1. A copy of the plans, permits, warranties, and other items provided by the developer persuant to s. 718.301(4). 2. A photocopy of the recorded declarations of condominium of each condominium operated by the association and each amendment to each declaration. Read the entire law here. 30 | THE COMMUNITY CONNECTION
Directory PREMIER LISTING
AEGIS COMMUNITY MANAGEMENT SOLUTIONS, INC. DAVID BURMAN AMS, PCAM DAVIDB@AEGISCMS.COM AEGISCMS.COM
ALLIANCE ASSOCIATION BANK PAUL KNUTH PKNUTH@ALLIANCEASSOCIATIONBANK.COM ALLIANCEASSOCIATIONBANK.COM
PREMIER LISTING ANGIUS & TERRY, LLP LAURIE SHRADER LSHRADER@ANGIUS-TERRY.COM ANGIUS-TERRY.COM
ANSBACHER LAW BARRY B. ANSBACHER BBA@ANSBACHER.NET WWW.ANSBACHER.NET
ASPHALT RESTORATION TECHNOLOGY GEORGE RING GEORGE.RING@ASPHALTNEWS.COM ASPHALTNEWS.COM
ALLIED UNIVERSAL SECURITY SERVICES JIMMY DYCUS JAMES.DYCUS@AUS.COM AUS.COM
AQUATIC SYSTEMS, INC. LESLIE PRAGASAM LESLIE.PRAGASAM@AQUATICSYSTEMS.COM AQUATICSYSTEMS.COM
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Disclaimer - Information listed reflects that provided from the CAI National Office. Any changes or updates to listed contact information may be made by logging into your account at www.caionline.org or through the National Office.
PREMIER LISTING BB&T ASSOCIATION SERVICES GEORGIA MILLER GGMILLER@BBANDR.COM BBT.COM
BECKER ROBYN M. SEVERS, ESQ. RSEVERS@BECKERLAWYERS.COM BECKERLAWYERS.COM
BROWN & BROWN OF FLORIDA, INC. PILAR DIXON, CIC, CIRMS PWILLIS@BBJAX.COM BBJAX.COM
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PREMIER LISTING CASTLE GROUP PATRICIA TRUAX STEWART, CMCA, AMS, PCAM PSTEWART@CASTLEGROUP.COM CASTLEGROUP.COM
COMMUNITY ADVISORS, LLC CHARLES SHEPPARD, RS CSHEPPARD@COMMUNITYADVISORS.COM COMMUNITYADVISORS.COM
FIDUS ROOFING CONSTRUCTION & PAVERS SHANE KOWALCHIK SHANE@THEFIDUSGROUP.COM THEFIDUSGROUP.COM
Directory PREMIER LISTING
GUNSTER, YOAKLOY & STEWART, P.A. THOMAS JENKS TJENKS@GUNSTER.COM GUNSTER.COM
PREMIER LISTING MAY MANAGEMENT SERVICES, INC. CATIE MARKS CMARKS@MAYRESORTS.COM MAYMGT.COM
JACKSON LAW GROUP, LL.M., P.A. EDWARD RONSMAN, ESQ. INFO@JACKSONLAWGROUP.COM JACKSONLAWGROUP.COM
METRO PROPERTY SERVICES JOHN MOORE FRONTDESK@METROPROPERTYSERVICES.COM METROPROPERTYSERVICES.COM
LAKE & WETLAND ADAM GRAYSON ADAM.GRAYSON@LAKEANDWETLAND.COM LAKEANDWETLAND.COM
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Disclaimer - Information listed reflects that provided from the CAI National Office. Any changes or updates to listed contact information may be made by logging into your account at www.caionline.org or through the National Office.
PPG PAINTS ELIZABETH PIKE ELIZABETH.PIKE@PPG.COM PPG.COM
VALLEY NATIONAL BANK CINDY CRAFT DUNLOP CDUNLOP@VALLEYNATIONALBANK.COM VALLEYFLORIDA.COM
PUROCLEAN EMERGENCY RESTORATION SERVICES MELISSA ROWE MROWE@PUROCLEAN.COM PUROCLEAN.COM
VERDEGO BEAU BARNETT BBARNETT@VERDEGO.COM VERDEGO.COM
SOLITUDE LAKE MANAGEMENT TRACY FLEMING INFO@SOLITUDELAKE.COM SOLITUDELAKEMANAGEMENT.COM
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Directory BASIC LISTING
Alliance C.A.S. Collections Ms. Chelsea Emons email@example.com
Amelia Island Management Mr. Nick Lambiase, Jr., CPM, LCAM firstname.lastname@example.org Arthur J. Gallagher Risk Management Mr. David Dawson email@example.com
ASAP Towing and Storage Mr. Thomas Wimsatt firstname.lastname@example.org
Association Dues Assurance Corp. Mrs. Lynn Manion email@example.com
Axiom Resources Mr. Ben Hippeli firstname.lastname@example.org BCM Services, Inc. Mrs. L. Denise Wallace email@example.com
Brightview Landscape Services Mr. George Rugen firstname.lastname@example.org Burg Simpson Eldredge Hersh Jardine PC Ms. Michelle Ybarra email@example.com
Cache Co LLC Ms. Cynthia Paquet firstname.lastname@example.org
D. Armstrong Contracting, LLC Mr. Dennis Armstrong email@example.com
CertaPro Painters Mr. Jeff Lee firstname.lastname@example.org
Duval Asphalt Ms. Jennifer Garrett email@example.com
Carr, Riggs & Ingram, LLC Mr. Timothy D. Fulmer firstname.lastname@example.org
Driveway Maintenance, Inc. Mr. Kerry Barnes email@example.com
CINC Systems Ms. Vickie Johnson, CMCA, AMS firstname.lastname@example.org Clark Simson Miller Mr. Jason Miller email@example.com
EverBank Ms. Terri Anderson firstname.lastname@example.org
CMC-Jacksonville Ms. Colleen Michelle Griggs email@example.com
Coastal Construction Products Mr. Ron Mans firstname.lastname@example.org
Coastal Insurance Underwriters, Inc. Mr. Chuck Bushong email@example.com Community Solutions Management, LLC Ms. Melodye Pitts firstname.lastname@example.org Custom Tree Surgeons Mr. Scott Washington email@example.com
Envera Ms. Shar Caballero SCaballero@Enverasystems.com Enverasystems.com
Evergreen Lifestyles Management Mr. Kraig Carmickle Fidelity Bank Ms. Mary E. Price firstname.lastname@example.org
First Coast Association Management Ms. Alice Hubbard email@example.com First Coast Mulch Mr. David Robinson firstname.lastname@example.org First Federal Bank of Florida Mr. Mike Mickler email@example.com
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Disclaimer - Information listed reflects that provided from the CAI National Office. Any changes or updates to listed contact information may be made by logging into your account at www.caionline.org or through the National Office.
FirstService Residential Ms. Lillian Guerrero lillian.guerrero@fsresidential. com
Kings III Emergency Communications Ms. Candace Harrison firstname.lastname@example.org
Mutual of Omaha Bank Mr. Keith Collopy email@example.com
Florida Certified Contractors Mr. Adam Russo
Krystal Klean Mr. Anthony Lewis Morgan firstname.lastname@example.org
Norman Insurance Advisors, LLC Mr. Andy Norman email@example.com
Fletcher Stein Insurance Agency Ms. Carie Whitcomb firstname.lastname@example.org
Global Solution Partners Mr. Keith Ruehl, RS kruehl@globalsolutionpartners. com
Greenway Lawncare Mr. Sasa Popovic email@example.com Herbie Wiles Insurance Mr. Wayne Howell firstname.lastname@example.org Heritage Insurance Mr. Randy Jones heritagepci.com
HomeTeam Pest Defense Mr. Dan Eckman email@example.com Ian H. Graham Insurance Ms. Sylvia Tagle firstname.lastname@example.org
Jimerson & Cobb, P.A. Mr. Hans Wahl email@example.com
Kipcon, Inc. Mr. Ed Pazden firstname.lastname@example.org
Landscape Maintenance Professionals Larsen & Associates, P.L. Mr. Mark King www.larsenandassociates.com Malarkey Roofing Products Ms. Rachel Garcia email@example.com Martin Home Exteriors Mr. Chris Lentzke firstname.lastname@example.org
McCabe Law Group, P.A. Mr. Michael John McCabe email@example.com McCall Services, Inc. Mr. Jerry Hall firstname.lastname@example.org
McGowan Program Administrators Mr. Joel W. Meskin, Esq., CIRMS email@example.com
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Nabr Network Mr. James Garner firstname.lastname@example.org
North Florida Emulsions Mr. Jeffrey King email@example.com Owens Corning Ms. Zack Farris firstname.lastname@example.org
Pacific Premier Bank Ms. Alicia Granados, CMCA, AMS, PCAM email@example.com Popular Association Banking Ms. Molly Hime firstname.lastname@example.org
Property Management Systems, Inc. Mr. Scott William Steffen, CMCA email@example.com Pursiano Barry Bruce Lavelle, LLP Mr. Jason Bruce, Esq. firstname.lastname@example.org
Directory BASIC LISTING
Reserve Advisors Mr. Nick Brenneman email@example.com Rizzetta & Company, Inc. Ms. Valerie Bethea Rockaway Inc. Mr. Greg Burghardt firstname.lastname@example.org
Sentry Management, Inc. Mr. Gordon Wolfram
Servpro of Mandarin, the Beaches/Ponte Vedra & St. Augustine Ms. Robin Braddock email@example.com Sherwin-Williams Mr. Linsey Ritch firstname.lastname@example.org
Tankel Law Group Mr. Bob Tankel Bob@TankelLawGroup.com
Vote-now.com LLC Mr. James Claiborne email@example.com
Union Bank Homeowners Association Services Ms. Amanda Orlando, CMCA amanda.orlando@unionbank. com
Yellowstone Landscapes Mr. Blaine Peterson firstname.lastname@example.org
The Lake Doctors, Inc. Mr. Eric Williams email@example.com
Williams Law Association, P.A. Mr. K.C. Williams III, Esq. firstname.lastname@example.org
Vesta Property Services, Inc. Ms. Lea Stokes email@example.com
Shimp Sign and Design, Inc. Mr. Roy Luster Shimp, Jr. firstname.lastname@example.org Southeast Pipe Survey, Inc. Ms. Traci Abel email@example.com
Sovereign & Jacobs Property Management Companies Mrs. Ellen Lumpkin firstname.lastname@example.org Sperlonga Data & Analytics Mr. Scott Swanson email@example.com
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2018 Second Quarter NEFL-CAI The Community Connection newsletter