central florida times CAI National Party Cinco de CAI-O on May 5th PAGE 19
WWW.CAICF.ORG | FIRST QUARTER 2016
First Quarter 2016
contact information P.O. Box 941125 Maitland, FL 32794 www.caicf.org exdir@caicf.org 407-850-0106
board of directors Suzan Kearns, CMCA, AMS, PCAM, President Gina Holbrook, CMCA, President-Elect Paul Melville, Vice President Bill Jackson, CPA, Treasurer Brian Peck, Secretary Lou Biron John Dougherty Chris Martinez Diane Rullo, PhD
a message from the president Thank you all for your participation in the Central Florida Chapter of CAI! I am honored to be your President for 2016 and feel we have a very exciting year ahead. Participation in the Chapter is the key to getting the most out of your membership with CAI. At our January meeting we talked about “What CAI can do for you.” Not only did you fill the room, many of you volunteered to work on numerous committees. You have embraced the message and we have more volunteers than we have ever had before. New ideas are being infused into the Chapter and the fresh faces, along with our longstanding volunteers, is very refreshing. For some, participation on a committee due to time constraints may not be possible. We have 24 events scheduled in 2016 and invite you to participate in as many as you can. For 2016 we scheduled five (5) luncheons, four (4) breakfasts, three (3) socials, three (3) volunteer educational events, two (2) manager career breakfasts, and two (2) business partner roundtables plus our annual events like Meet the Managers, the Golf Tournament, and our Annual Meeting on December 1, 2016. CAI National is also in town this year at Rosen Shingle Creek and we are hosting the Chapter Party on May 5, 2016. Opportunities abound and I welcome you to join us at any of the events above. Last year we created a Welcome Committee, so if you are a first time attendee to any of our events, let Reini Marsh, our Executive Director know and she will make sure one of the committee members introduces you to others within our chapter. Our 2016 Tradeshow “CAI: You are NOT Alone” is a theme that we, your Board of Directors, are committed to. We had over 130 booths of businesses that understand community associations and had over 1,000 attendees (managers and volunteers) that were able to meet the business partners that were at our Tradeshow. “All of us is smarter than one of us” is one of my favorite sayings. If you are involved with a community association, you have every resource you need at your fingertips through the Central Florida Chapter of CAI. Our chapter is about helping you be the very best professional in the industry that you can be. Whether you are a manager, a volunteer or a business partner, we are here to assist you in growing professionally. I invite you to call, e-mail, or talk to me in person about how we can improve your educational and networking experience in the future. YOU are why we are here!
Matt Vice I look forward to seeing you soon!
Erik Whynot, Esq.
Suzan Kearns President, Community Association Institute Central Florida Chapter
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central florida chapter update 2016 calendar of events More details regarding upcoming events will be posted to caicf.org under Events. Check back regularly for the most up-to-date information! •
April 7th: Breakfast - “Disaster Preparedness”
•
July 14th: Meet the Managers
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April 15th: Manager Career Breakfast
•
August 4th: Luncheon
•
April 28th: Business Partner Roundtable
•
August 18th: Summer Social
•
May 4th-6th: CAI National Conference
•
•
May 5th: Cinco de CAI-O National Party
September 1st: Luncheon - “Running Efficient Meetings and Election Processes”
•
May 12th: Luncheon - “3 in 1: Painting, Roofs & Asphalt”
•
October 6th: Breakfast - “Legal Panel”
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October (TBD): Annual Golf Tournament
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May 19th: Spring Social
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November 3rd: Luncheon - “Conflict Resolution”
•
June 2nd: Breakfast - “Accounting/Budgets”
•
December 1st: Annual Meeting/Winter Gala
event rsvp reminder Please be sure to register for all events in advance, as we need an accurate head count for space and food purposes prior to the event. Thank you for your help!
interested in getting more involved? join a caicf committee! If you are interested in getting more involved in the chapter, joining a committee is a great thing to consider. Below are the different committees that we currently have active. Please feel free to contact any of the following committees: CA Day/Tradeshow Committee Deborah Myers dmyers@sentrymgt.com Christy Borden christy@donasher.com Communications Committee Bianca Duffield bsd@associationfirm.com Education Committee Gary van der Laan gvanderlaan@lelandmanagement.com Phillip Masi pmasi@bborlando.com
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Golf Committee Scott Pollock spollock@sentrymgt.com Brian Peck bpeck@hoa-capital.com Legislative Committee Lou Biron lbiron@sihle.com
Meet the Managers Committee Suzan Kearns skearns@celebrationtownhall.com
Membership Committee Paul Melville paulm@universalgc.com Mary Ann Sheriff msheriff@oldfnb.com Tom Harman tomh@vitalsecurity.com
Sunshine Foundation Committee Jamie Rodriguez rogjamie1@gmail.com
Social/Gala Committee Alan Garfinkel, Esq. agarfinkel@likeyourlawyer.com Gina Holbrook gina.holbrook@premiermgmtcfl.com
where community matters
www.AssociationFirm.com
The Association Law Firm, PLLC is focused on providing quality, professional legal representation exclusively to community associations throughout Florida.
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tenants and possession post foreclosure SUBMITTED BY D. JEFFERSON DAVIS, ESQ., JD LAW FIRM
L
enders, Condominium and Homeowners Associations, and Investors should be aware that Florida law requires the purchaser at foreclosure auction to provide current tenants with at least thirty days to vacate the property after a foreclosure sale. Purchasers should be familiar with their statutory rights and responsibilities prior to evicting tenants after foreclosure. The Florida state law fills the void left by the expiration of long standing Protecting Tenants at Foreclosure Act (“PTFA”). A federal law enacted in 2009, PTFA, provided limited protection for tenants residing in a home facing foreclosure. The law required “new” owners or purchasers to take foreclosed properties subject to existing leases, and provided tenants to a 90-day notice prior to eviction. The law was subsequently extended, but expired on December 31, 2014. In its place, the Florida legislature enacted Florida Statute §83.561, known as “Termination of Rental Agreement Upon Foreclosure,” which became effective on July 1, 2015. Similar to to the defunct PTFA, tenants must meet strict requirements in order to obtain the protections afforded. The tenant cannot be the mortgagor (usually the former owner) child, spouse, or parent of the mortgagor in the subject; the tenant’s rental 6
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agreement must be the result of an arm’s length transaction; and the rental agreement must not allow for the tenant to pay rent that is substantially less than the fair market rent for the premises, unless the rent is reduced or subsidized due to a federal, state, or local subsidy. Florida Statute §83.561, differs from PTFA in that even if the purchaser does not intend to occupy the property, the purchaser may terminate the tenancy by serving a 30-day notice of termination, which must be in substantially the following form. Notice To Tenant Of Termination You are hereby notified that your rental agreement is terminated on the date of delivery of this notice, that your occupancy is terminated 30 days following the date of the delivery of this notice, and that I demand possession of the premises on (date). If you do not vacate the premises by that date, I will ask the court for an order allowing me to remove you and your belongings from the premises. You are obligated to pay rent during the 30-day period for any amount that might accrue during that period. Your rent must be delivered to (landlord’s name and address).
tenants and possession post foreclosure continued 30 days is that magic number. However, if the occupant fails to meet the requirements listed above (i.e. is the former owner, child spouse or parent of the former owner, has a lease not obtained at arms length or pays substantially less than market value), the 30-day notice of termination is not required and the immediate pursuit of a Writ of Possession may commence.
period. For Associations, copies of leases can be required, subject to statutory and governing document provisions. Additionally, for lenders who take possession at a foreclosure sale, the preemptive step of evaluating the loan documents for an assignment of rents clause and perfecting those rights can be a valuable tool to claim the right to collect rent during the 30-day notice period.
Still, there are real world considerations involved in this aggressive strategy. Ascertaining the identity of an occupant, the existence of and the terms of a lease, and whether they qualify as an exception can be an exhaustive process for purchasers and the risk of delay and additional costs due to a tenant proffering a vigorous defense, far outweighs the more prudent 30-day notice
Only the Writ of Possession will allow the purchaser to properly remove the occupant and take possession of the property. So, the quicker the 30-day Notice is delivered after the issuance of the Certificate of Title, the quicker possession can be effected. Regardless of the entity purchasing, proper evaluation of the property should be performed and the proper guidelines followed.
procedure. Nonetheless, there are carefully drafted notice letters that can incorporate these scenarios. Pursuant to the statute, the purchaser, “may apply to the court for a writ of possession based upon a sworn affidavit that the 30-day notice of termination was delivered to the tenant and the tenant failed to vacate the premises at the conclusion of the 30day period…the writ must be served on the tenant…, {and} shall be governed by s. 83.62.” F.S. 83.62 outlines the procedures for the restoration of possession of the premises to the landlord. It is important to note that some circuits have enacted procedures, administrative orders and even form templates governing the “new” Motion’s for Writ of Possession based upon the statutory sworn affidavit language. The statute offers further protection for the purchaser in that unless the purchaser assumes an existing rental agreement or enters a new one, the purchaser does not assume the obligations of a landlord, except as provided in F.S. 83.67, which provides the prohibited practices under the Florida Residential LandlordTenant act. If a purchaser can obtain a copy of the lease, it can be a valuable tool in collecting rent from the tenant during the 30-day Notice
Attorney D. Jefferson Davis, founder of the Winter Park-based JD Law Firm, provides his clients with services primarily in the following areas of law: Condominium Association Law, Homeowner Association Law, Real Estate, Residential Foreclosure Services (Lenders Only) and Business Litigation focusing on Curative Title Services for Investors. Attorney Davis’ personalized approach provides his clients with on demand access for their legal issues. He handles all matters personally and has done so since the firm’s inception. Attorney Davis is a member in good standing with the Florida Bar. He also holds a Florida Real Estate License, is a member of Attorneys’ Title Fund, the Florida Bar Real Property, Probate and Trust Law Section & the Condominium and Planned Development Committee. For more information, call 407-864-1403 or email Jeff@The JDLaw.com.
LOOKING FOR A SERVICE PROVIDER? CAI Central Florida has a list of great service providers in most every industry a Community Association could need! The best part is, they are members! Check it out at: caicf.org/directory!
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Florida’s Premier Association Management Firm Association Management Is our ONLY business.
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winter social pictures Members and guests had a great time at the chapter’s Winter Social on February 25th at the Exile Restaurant & Lounge in Orlando.
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1ST QUART ER 2016 | CENT RAL F LO R I D A TI M E S
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diplomacy SUBMITTED BY BETSY BARBIEUX, CAM, FLORIDA CAM SCHOOL
for the community association
t
he advertisement for a community association manager included this qualification: “Must be able to enforce rules without making enemies.” Said another way: diplomatic.
Enforcing rules without making enemies is a tall order! Some managers have natural people skills that make this task easier for them. For other managers, this skill doesn’t come naturally but it can be learned! One manager who needed to learn this skill started her first manager’s report to the community listing eleven types of violations that owners and tenants were committing, some of them in bold underlined type! She threatened legal action in her first report! The tone of the report sounded like she was yelling and pointing her finger! An introduction of herself and her background would have made a better first impression. Her second report started out with a lecture about the fact that a gate is not a “security” gate and should not be referred to as such. That lecture was followed by a lengthy discussion of why and how the gate is broken, all the difficulties with repairing it and issuing new access control cards. The tone of her second report sounded like she was very frustrated! So far, that first impression is not improving for many residents. 12
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Her third letter to residents was to threaten legal action if owners didn’t produce detailed plans to repair their mansard roofs within 30 days at the cost of $8,000-$9,000. The only problem with the threat is the restriction from the governing documents validating her demand was misquoted and incomplete! According to the governing documents, the association can’t bring legal action against an owner without a 2/3 vote of the entire membership. She was definitely yelling, frustrated, and pointing her finger! Making false threats is not very diplomatic. Needless to say, this newly hired manager is off to a rough start. While her enthusiasm and determination might be commendable, her method of delivery needs refining. This manager might have made a better first impression had she chosen diplomacy. We learned diplomacy in kindergarten. Remember, this book, All I Really Need to Know I Learned in Kindergarten, by Robert Fulghum? It’s all about getting along with others - diplomacy. I wonder what his principles look like when applied to community association life!
SHARE EVERYTHING Our common areas and elements belong to all of us – we share everything that is outside our lot or air space. Be respectful to others.
PLAY FAIR Boards of directors should be sure to equitably enforce all restrictions and rules with all residents and tenants. Selective enforcement and allow continuing violations year after year is a breach of the board’s fiduciary duty.
limited staff; they depend on volunteers. Consider taking your turn on a committee or board of directors.
TAKE A NAP EVERY AFTERNOON There is nothing better than an afternoon nap at the pool. Take time to enjoy your amenities.
DON’T HIT PEOPLE Mind your manners at board and owners’ meetings. Don’t yell, cuss, point your finger, or do anything to embarrass your mother.
PUT THINGS BACK WHERE YOU FOUND THEM Since we share everything outside our lot or airspace, if you use it, put it back!
STICK TOGETHER When you go out in the world, watch out for traffic, hold hands and stick together. We all live in the same community and should be on the same team with the same goal. We want what is best for the association. Just because your opinion of how or what that “best” would be is different than your neighbor’s doesn’t mean you are totally right and “they” are totally wrong. The solution could be a combination of both your opinions.
CLEAN UP YOUR OWN MESS In this association, roofs, fences, screens, windows, and doors are the responsibility of each owner. Keep them repaired.
DON’T TAKE THINGS THAT AREN’T YOURS Stealing is wrong. Just because there is an extra roll of toilet paper in the clubhouse restroom and just because you paid your monthly assessment, does not give you the right to take it.
SAY YOU’RE SORRY WHEN YOU HURT SOMEBODY If you damage the gate or equipment at the clubhouse, confess. A guilty conscience is very hard to live with and unnecessary. Besides, there are cameras.
WASH YOUR HANDS BEFORE YOU EAT Use the wipes to get rid of the sweat after you use the treadmill or other work out equipment.
FLUSH Leave the clubhouse and bathrooms as clean and nice as your own.
BE AWARE OF WONDER Remember the little seed in the Styrofoam cup: the roots go down and the plant goes up and nobody really knows how or why, but we are all like that. Living in a community association is different! Be curious about this unique corporate structure of which you are a part. Read your governing documents and ask questions! Goldfish and hamsters and white mice and even the little seed in the Styrofoam cup - they all die. So do we. Live with no regrets!
LOOK And then remember the Dick-and-Jane books and the first word you learned - the biggest word of all - LOOK. There is SO much in your world that is good – look for it! The Communities of Excellence Awards prove there is a lot that is right with our Florida community associations. Diplomacy is defined as skill and tact in dealing with other people. Be sure to use yours every day whether you are a manager or a resident or a board member.
WARM COOKIES AND COLD MILK ARE GOOD FOR YOU Be kind to your manager. Give her a break; she is doing what she was hired to do. Betsy Barbieux, CAM, CFCAM, is a Professional Development Coach
LIVE A BALANCED LIFE
at Florida CAM Schools, LLC. For more information, call Betsy at 352-
Learn some and think some and draw and paint and sing and dance and play and work every day some. Our communities often have
326-8365, visit www.FloridaCAMSchools.com, or email her at Betsy@ FloridaCAMSchools.com.
1ST QUART ER 2016 | CENT RAL F LO R I D A TI M E S
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welcome new members! BUSINESS PARTNERS
Town Scapes Florida, Inc. Mr. Ryan Patrick Belk
Atlas Apex Roofing Mr. Jeff Hawthorne
Triad Pavers & Concrete Services Andre Biewend
Cepra Landscape Mr. Robert Maier CertaPro Painters of Winter Park Steve Lofvers Cole and Associates, CPA’s Mr. Ronald A. Cole Competitive Edge Landscaping. Mr. Kenneth Cooper Fidelity Security Services, LLC Mr. Michael Williams Greenleaf Landscape Maintenance, Inc. Mr. Donald Michalik INFINITY Protection Service, Inc. Adrian Ellis
Awnclean USA, Inc Mr. Brent Dickson Certified Foundation, Inc. Ms. Suzanne Winfield HOA Capital Advisors Mr. Eugene Edward Tibbs, Jr. Vertical Assessments Associates, LLC Mr. William Strawn
NATIONAL CORPORATE MEMBER PPG Paints Ms. Mallory Cowell
Maurice Lawn Care LLC Mr. Maurice Amar NFC Amenity Management Mrs. Loida Torres Perfect Practice/ADC Legal Systems, Inc. Mr. Richard Prieto Premier Elevator Mr. John Gill Southern Turf Management Mr. Brian Marotta The Detection Group Laurie Conner
MULTI-CHAPTER BUSINESS PARTNERS
MANAGEMENT COMPANIES Marsh Landing Management Company Mr. Stephen Loveland Specialty Management Company Mr. Raiford Hall
MANAGERS
Mr. Robert Despres Ms. Janice Joseph Mr. Dennis Masch Mr. Eric Pottschmidt Ms. Michelle C. Savoie Mr. John Singer Ms. Debbie Spice Ms. Yesenia Velez Mr. Kent Leeward Aloft Real Estate Services, LLC Ms. Laura Caprio Community Management Professionals Orlando Mrs. Amanda Jane Herx, CMCA FirstService Residential Mr. Perry Rohan FirstService Residential Mrs. Debra Davis Leland Management, Inc. Ms. Marilyn Garcia Premier Association Management of Central Florida, Inc. Ms. Shiela McCollum Premier Association Management of Central Florida, Inc.
Ms. Avyan Abrams Mr. Hunter Grant Chastain
BECOME A MEDALLION MEMBER IN 2016! There is still time to renew/purchase your Medallion Memberships! We have an even better year planned for 2016, so don’t delay. Do not miss out on the opportunity to put your company’s name in front of thousands of community association decision makers. Medallion Members receive many benefits, including: ad in newsletter, discounted pricing for 2016 sponsorships for annual events, premium placement in the online service directory and more! Place your order by filling out the registration form online and either pay online (caicf.org) with a major credit card or request an invoice. Call the Executive Director for more information at 407-850-0106. A current CAI Membership is required for Medallion Membership.
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tradeshow recap BY CAI CENTRAL FLORIDA 2016 TRADESHOW COMMITTEE
The 2016 Tradeshow was a success with over 130 booths sold and 1,000+ attendees present at the Hilton Orlando on March 10th. All of the classes were packed and were led by Phil Masi (from Brown & Brown Insurance, teaching the Vendor Risk Transfer Course), Michael Ungerbuehler, Esq. (from The Association Law Firm, teaching the Board Certification Course), and Tom Slaten, Frank Ruggieri, and Scott Gross (from Larsen & Associates, Ruggieri Law Firm, and Angius & Terry, respectively, contributing to the Legal Panel). There were also thousands of dollars worth of prize giveaways ranging from topiaries to restaurant gift cards to golf outings! Let’s not forget about the wide selection of food and drinks! In the middle courtyard area, dubbed “Mission Control,” a Synthehol (cosmic, blue drink) was served - a big thank you to the sponsor, Vice Painting. In Area 51, sponsored by Nature’s Care, the hazardous “Manager’s Only” lounge was serving the Shooting Star, a delicious specialty drink. Our theme this year was “space” and our exhibitors went all out! There were aliens, pilots, men in black, and even some stray Star Trek officers. The anonymous voters, all of which were board members, judged the best booth contest, on not just our theme, but also how engaging the exhibitors were. The winners are:
• • •
1st Place – Ruggieri Law Firm 2nd Place – Premier Association Management of Central Florida 3rd Place – Leland Management
A special thank you to all of our sponsors!
• • • • • • • 16
Mission Control - Vice Painting Area 51 - Nature’s Care Landscaping Zero Gravity Sponsors - Asphalt Restoration Technology Systems, Inc., BB&T, Arias Bosinger, Mallard Systems, and Towers Property Management Printing Sponsor - Image Graphics Security Sponsor - Vital Securtity Photo Sponsor - The Association Law Firm Education Sponsor - Baker Commercial Landscaping
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SOME FUN CAPTURED AT THIS YEAR'S TRADESHOW
Below: 1st Place Booth, Ruggieri Law Firm; Right: 2nd Place Booth, Premier Association Management; and BelowRight: 3rd Place Booth, Leland Management
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master gardner volunteer program The Orange County Master Gardeners will be hosting an opportunity for interested individuals to meet Master Gardeners on April 27, 2016. Check-in at 8:45am. The informational program will be from 9am to 11:30am. Join us to discover how Master
way. The program will include a guided tour of the Exploration Gardens which highlight plant materials suitable for Central Florida. For additional information on the UF-IFAS Master Gardeners in Central Florida visit http://Orange.ifas.ufl.edu/mg. To register for this, visit GardenFlorida.Eventbrite.com or call 407-254-9200. LOCATION INFORMATION Orange County/UF-IFAS Extension Education Center 6012 S. Conway Road Orlando, FL 32819 407-254-9200
Gardeners deliver information to residents on designing, planting, and caring for landscapes and gardens in a “Florida-Friendly�
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CONTACT INFORMATION Janice Oberwetter Master Gardener Orange County Florida 321-431-1167
CAI CENTRAL FLORIDA CHAPTER MEMBERSHIP BENEFITS In addition to the many perks associated with a National CAI Membership, your local Central Florida Chapter offers even more value and engagement to its members:
HOMEOWNER VOLUNTEERS
COMMUNITY MANAGERS
If three members from the same board join the chapter, your first year of membership dues are FREE
CAICF will pay for HALF of your manager tuition fees for required education credits
MANAGEMENT COMPANIES
BUSINESS PARTNERS
Company recognition & networking Maximize business brand opportunities with current & recognition & enjoy exclusive potential clients, as well as face-to-face networking industry-specific business partners opportunities with potential clients
LOCAL CHAPTER EDUCATION AND NETWORKING EVENTS Quarterly Board Certification classes CEU credit hours at specified luncheon events Participation opportunity at the Annual Golf Outing Invitation to the Summer Social & 2015 Holiday Awards Gala Admission and exclusive perks at one of the best community association tradeshows in Central Florida
Opportunity to attend and speak at panels, Q&A sessions, education classes, and Business Roundtable events Participation & sponsorship opportunities at the Annual Golf Outing Invitation to the Summer Social & 2015 Holiday Awards Gala Admission, exclusive booth vendor pricing, and sponsorship opportunities at one of the best community association tradeshows in Central Florida
Professional Designations & Certifications Local Professional Management Development Program Classes Quarterly Board Certification classes CEU credit hours at specified luncheon events
ACCESS TO SPECIALIZED COMMUNITY ASSOCIATION SERVICE PROVIDERS Online service directory Personal interaction at monthly events Panels and Q&A sessions
SPONSORSHIP & MARKETING OPPORTUNITIES In addition to brand recognition, sponsors enjoy benefits like a free booth at the trade show, advertising opportunities, first consideration at speaking events, discounted pricing for future sponsorships and events & advertising on the chapter website Inclusion in the Service Directory
INCLUSION IN ONE OF THE LARGEST CHAPTERS IN THE US ENCOMPASSING OVER 7,500 HOA & CONDOMINIUM ASSOCIATIONS IN MARION, VOLUSIA, SEMINOLE, ORANGE, BREVARD, OSCEOLA, POLK, LAKE & SUMTER COUNTIES!
Interested in joining the CAI Central Florida Chapter? For assistance or more information, reach out to the Executive Director by calling 407-850-0106 or e-mailing at exdir@caicf.org. To join now, visit www.caionline.org for membership categories and dues. Prior to joining online you will be prompted to log in or create an account. Membership dues are non-refundable. 20
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Financing subject to credit and collateral approval. Other restrictions may apply. Terms and conditions subject to change. ©2016 MUFG Union Bank, N.A. All rights reserved. Equal Housing Lender. Member FDIC. Union Bank is a registered trademark and brand name of MUFG Union Bank, N.A.
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THANK YOU TO OUR 2016 MEDALLION MEMBERS! platinum
Alliance Association Bank Angius & Terry, LLP Asphalt Restoration Technology Systems BB&T Association Services Becker & Poliakoff, P.A. Bouchard Insurance Brown & Brown Insurance Floralawn Gerstle, Rosen & Goldberg, P.A. Glickstein, Laval, Carris, P.A. GroupValet Katzman Garfinkel Leland Management, Inc.
Melrose Corporation Mutual of Omaha Premier Association Management Ramco Protective Ruggieri Law Firm Sentry Management, Inc. The Association Law Firm PLLC Triad Pavers & Concrete Services True Property Group Universal General Contractors ValleyCrest Landscaping Vice Painting
gold Asphalt365 Enviro Tree Services Hara Management
Mapili CPAs LLC Reserve Advisors Towers Property Management
silver
Greystone Management Company Larsen & Associates, P.L. Ryestone
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Union Bank HOA Services Valley National Bank World of Homes
