Central Florida Times
WWW.CAICF.ORG | SECOND QUARTER 2015
Second Quarter 2015
contact information P.O. Box 941125 Maitland, FL 32794 www.caicf.org firstname.lastname@example.org 407-850-0106
board of directors Alan B. Garfinkel, Esq., President Suzan Kearns, CMCA, AMS, PCAM, President-Elect John Dougherty, Vice President Gina Holbrook, CMCA, Secretary Bill Jackson, CPA, Treasurer Lou Biron Paul Melville Brian Peck Jamie Rodriguez Diane Rullo, PhD Matt Vice
a message from the President The 2015 Florida Legislative Session ended suddenly as the Senate and the House were unable to reach an accord on a constitutionally mandated state budget. However, the good news for us, Florida Senate “Estoppel” Bill 736 was killed! Bad legislation dead! Realtors and title companies financed a major lobbying effort to pass the proposed bill that would have increased costs for anyone living in or owning property in one of Florida's nearly 60,000 community associations. As we summarize and digest this year’s full Legislative session, I feel like for the very first time there is a true sense of optimism, teamwork and cooperation for the Community Association Industry in the state of Florida. It is not so much about the outcome and result of Senate Bill 736 but the way leading statewide coalition groups representing the interests of community associations came together and formed a never-seen-before special alliance, a united front against SB 736 and HB 611. As the 57-day session wore on, numerous clashes occurred between state senators and several agency heads. The exact opposite occurred on our end! We helped build a first of its kind statewide coalition. This was unprecedented. I saw organizations get actively involved and work together to defeat Senate Bill 736 and House Bill 611. Democracy works, the actions of these fine groups is proof. Some of the organizations involved supporting CAI were The Community Advocacy Network (CAN), The Space Coast Communities Association (SCCA), our own Community Association Institute Florida Legislative Alliance (CAI/FLA), Community Association Leadership Lobby (CALL), The Chief Executive Officers of Management Companies (CEOMC), the Council of Neighborhood Associations (CONA), and the Council of North County Neighborhoods (CNCN). This renewed sense of transparency, participation and cooperation has me truly excited for CAI Central Florida and what we can accomplish in this chapter. Our roots are strong here in Central Florida; we have a very solid foundation now. Your new Board of Directors understands that we exist to serve and benefit the neighborhoods and the Community Association Industry. We are here to further the interests of our members in terms of political advocacy, business development, training and education. Your new Board of Directors team is determined to deliver nothing but the best for our members. I encourage you to join us in our efforts to make this chapter the best it can be, I know you can based on what I just experienced during the 2015 main Legislative Session. Be an active member, participate in our committees, come to our tremendous networking events, utilize our education programs and importantly,
President's message continued on next page 2
President's message continued help us continue with our legislative agenda by building bridges, reaching out and getting involved by supporting our efforts and calls to action. If you have any suggestions for this chapterâ€™s leadership for areas where we can improve, I welcome your input. Please feel free to call or email me anytime: Alan@LikeYourLawyer.com. I am committed to ensuring this chapter is the best it can be and in order to do that, I need to hear from you, our members. This is all about you! I enjoyed seeing everyone at our FUN Spring Social Luau that was held on May 27th at the Aloft Hotel Orlando. Events like these are a great opportunity to network while having as much fun as we possibly can at the same time! Yours in community,
Alan B. Garfinkel, Esq. President, Community Association Institute Central Florida Chapter
central florida chapter update upcoming luncheons All luncheons are held from 11am-1:30pm. Please register at caicf.org for each luncheon. • • • •
June 4th – Insurance Panel - to be held at the Dubsdread Country Club in Orlando August 6th – Accounting (CEU) October 1st - Legal Panel November 5th – Access Control, Neighborhood Watch, and Holiday Do's and Dont's
upcoming events More details regarding upcoming events will be posted to caicf.org. Check back regularly for the most up-to-date information! • • • • •
June 19th - Manager's Career Breakfast - Panera in Altamonte Springs July 9th - Meet the Managers - Dubsdread County Club in Orlando July 16th-17th - M204 Class - Crowne Plaza in Downtown Orlando July 16th - Summer Social September 17th - Business Partner Roundtable -
• • • • •
Leland Management in Orlando September 19th: ABC's Course & Board Certification Class for HOA Board Members September 25th - Manager's Career Breakfast October 22-23rd - M100 Class - Crowne Plaza in Downtown Orlando October 24th - 2015 Golf Tournament December - Annual Meeting & Holiday Gala
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 Matt Vice email@example.com Christy Borden firstname.lastname@example.org Communications Committee Bianca Duffield email@example.com Education Committee Gary van der Laan firstname.lastname@example.org Phillip Masi email@example.com
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Golf Committee Scott Pollock firstname.lastname@example.org Brian Peck BPeck@hoa-capital.com Legislative Committee Lou Biron email@example.com
Meet the Managers Committee Suzan Kearns firstname.lastname@example.org
Membership Committee Paul Melville email@example.com Mary Ann Sheriff firstname.lastname@example.org Tom Harman email@example.com
Sunshine Foundation Committee Jamie Rodriguez firstname.lastname@example.org
Social/Gala Committee Alan Garfinkel, Esq. email@example.com Gina Holbrook Gina.firstname.lastname@example.org
rules of civility, by george SUBMITTED BY BETSY BARBIEUX, CAM, CFCAM, FLORIDA CAM SCHOOLS
any people have a sense of what goes around comes around, that there is nothing new under the sun, that what was once history is now current, and the old and irrelevant are now relevant. Just think, ladies, if you had kept those 1960s peasant tops and hip hugger pants, they would be back in style today. And you guys who used to grease your hair back with Brylcreem, just a little dab'll do ya; today you use gel. Many people of all ages, long for manners, respect for authority, accountability and penmanship. All seem to be low in demand. With the profane and vulgar reality shows, you'd think that every family yelled, argued, threw things, wore little to no clothing, and had sex every night. Modesty, civility, and decency seem to have disappeared. Nothing is ever anyone's fault; it's always someone else's. It's not your fault you have too much credit card debt - really? And it's someone else's responsibility to bail you out. Today there is no such thing as penmanship; they don't even teach it in school. They've even removed cursive writing from the curriculum with many young people now not even knowing how to read it. You don't even need to know how to type with all your fingers. We just text with thumbs and abbreviations. Voice to text programs write out for us what we want to say. Many people don't have any idea how to write a letter. They don't even know what block style or modified block styles are and don't care. 6
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Gone (it seems) is the understanding of creating a good, positive first impression for favorable business interaction. Underwear shows, bra straps hang out, tops are see through, and flip flops have replaced shoes! One employer asked, "Why does she wear her pajamas to work." He didn't know that what she was wearing to work were "clubbing" clothes - clubbing as in night clubs. And she was clueless that those clothes were totally inappropriate for the workplace! It seems decency and civility have just disappeared. Shouldn't it be time for those behaviors to come back around again? It is probably one of those obscure facts that our country's founding father, George Washington, practiced penmanship by coping 110 Rules of Civility & Decent Behavior in Company and Conversation. These rules were presumably composed by French Jesuits in 1595 and translated into English in 1640 by Francis Hawkins. While the King's English is a little hard to read, many of the Rules' intentions are clear and are applicable today. It is time to bring some of the old back around and use them in our communities where tempers can flare and produce the worst and deplorable behavior in owners, tenants, and guests. Rule 1 - Every action done in company ought to be with some sign of respect to those that are present. In other words, be courteous and treat others with respect. Rule 4 - In the presence of others sing not to yourself with a humming noise, drum with your fingers or feet. Quit clicking that pen during your board meetings!
Rule 6 - Sleep not when others speak, sit not when others stand, speak not when you should hold your peace, walk not on when others stop. Don't fall asleep during your board meetings, stand when others enter your office, practice listening before you speak, and don't keep walking and talking leaving others trailing behind you. Rule 12 - Shake not the head, feet, or legs, roll not the eyes, lift not one eyebrow higher than the other, wry not the mouth, and bedew no mans face with your spittle by approaching too near him when you speak. Don't make faces when others are talking about something you disagree with, don't talk so forcefully in the face of another that you spit on him. Rule 16 - Do not puff up the cheeks, loll not out the tongue, rub the hands, or beard, thrust out the lips, or bite them or keep the lips too open or too close. If you ever get a chance to see a video recording of yourself giving a presentation, you'll stop all these annoying and distracting facial mannerisms! Rule 21 - Reproach none for the infirmities of nature, nor delight to put them that have in mind thereof. Don't look down upon those who are less fortunate than yourself (pride), nor pay any extra special attention to those who have more and wish you had more too (greed and envy). Rule 35 - Let your discourse with men of business be short and comprehensive. Keep conversations, meetings, and telephone calls short and to the point. Don't keep saying the same thing over and over again. If you leave a message, make it a detailed message. Never say, "call me!" Include in your message the reason for the call. Rule 45 - Being to advise or reprehend any one, consider whether it ought to be in public or in private; presently, or at some other time in what terms to do it and in reproving show no sign of cholar but do it with all sweetness and mildness. If you must give advice or correction, think about whether it should be public or private and the right timing. Advice or correction should be given with humility not forceful anger. Rule 47 - Mock not nor jest any thing of importance, break no jest that are sharp biting and if you deliver any thing witty and pleasant, abstain from laughing thereat yourself. Don't make fun of what others think is important. Don't laugh at your own jokes.
Rule 50 - Be not hasty to believe flying reports to the disparagement of any. Don't believe rumors from the neighborhood gossip. And certainly don't repeat them. Rule 56 - Associate yourself with men of good quality if you esteem your own reputation; for tis better to be alone than in bad company. Your mother always said, you'll be known by the company you keep! Choose carefully. Rule 65 - Speak not injurious words neither in jest nor earnest scoff at none although they give occasion. Don't say mean things about people whether it is true or you are just "kidding." People who talk badly about other people make themselves unpopular. You'll soon end up with no friends. Rule 76 - While you are talking, point not with your finger at him of whom you discourse nor approach too near him to whom you talk especially to his face. Don't jab your finger in anger at someone with whom you are speaking. Don't stand nose to nose and argue and yell. Rule 81 - Be not curious to know the affairs of others neither approach those that speak in private. Don't be a nosey busy body. No matter how close you live to them, other's people business is NOT your business. Rule 89 - Speak not evil of the absent for it is unjust. If you can't say it to their face, don't say it. Rule 108 - When you speak of God or his attributes, let it be seriously and with reverence. Honor and obey your natural parents although they be poor. Honor and don't take God's name in vain. Similarly, honor your parents; do not be ashamed of your background, rich or poor. Rule 110 - Labor to keep alive in your breast that little spark of celestial fire called conscience. If you ever lose the ability to feel guilt or shame, to know when you have done wrong and apologize, you have lost everything.
Betsy Barbieux, CAM, CFCAM, is a Professional Development Coach with Florida CAM Schools, LLC in Leesburg, Florida. To learn more, visit www.FloridaCAMSchools.com or she can be reached at 352-326-8365 or email@example.com.
Rule 49 - Use no reproachful language against any one neither curse or revile. Don't cuss. Pretend your mother is in the room. If she would be ashamed of your language and behavior, stop it.
2ND QUART ER 2015 | CENT RAL F LO R I D A TI M E S
florida friendly landscaping what you need to know SUBMITTED BY SHANTEL WOODARD, ESQ., PEYTONBOLIN
aintaining the look and appearance of the community is a crucial duty for the Board of Directors of an association. One of the hot issues plaguing homeowners’ associations is how to deal with covenant enforcement when owners are implementing Florida-friendly landscaping. Most associations never hear about Florida-friendly landscaping until they are involved in litigation. So what is Florida-friendly landscaping? Florida-friendly landscaping is defined as quality landscapes that conserve water and preserve the environment. In furtherance of these goals, Florida-friendly landscaping has nine basic principles: (1) planting the right plant in the right place, (2) watering efficiently, (3) fertilizing appropriately, (4) mulching, (5) attracting wildlife with your landscaping, (6) managing yard pests responsibly, (7) recycling yard waste, (8) reducing stormwater runoff, and (9) protecting the waterfront. If an owner follows these nine principles, then the owner’s landscaping will most likely be considered Floridafriendly. But what does Florida-friendly landscaping have to do with homeowners’ associations or covenant enforcement? To aid with owner implementation of Florida-friendly landscaping, the Florida legislature enacted and subsequently amended section 720.3075(4)(b), Florida Statutes, which states a “[h]omeowners’ association documents, including declarations of covenants, articles of incorporation, or bylaws, may not prohibit or be enforced so as to prohibit any property owner from implementing Florida-friendly landscaping … on his or her land or create any 8
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requirement or limitation in conflict with any provision of part II of chapter 373 or a water shortage order, other order, consumptive use permit, or rule adopted or issued pursuant to part II of chapter 373.” Or in other words, all homeowners’ associations must allow residents the opportunity to implement Florida-friendly landscaping, even if the governing documents do not allow for it. Implementing Florida-friendly landscaping does not give owners the free ability to make any changes to their landscaping as they see fit. The landscaping must still be aesthetically pleasing and cohesive with the community. If the governing documents of the association require owners to obtain association approval for landscaping projects, then the owners must fully comply with the application process. In order to successfully manage your association with these concerns in mind, we recommend that the Association create a guide for their owners, which incorporates Florida-friendly landscaping into their reasonable landscaping standards. The Association’s set of standards should include a list of Floridafriendly plants, alternative types of sod and ground coverings, as well as acceptable locations for rain barrels or composting bins. To ensure full compliance with the Florida-friendly guidelines, or for help on creating landscaping community standards, contact your association’s attorney for guidance.
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:
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
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 firstname.lastname@example.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. 10
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welcome new members! BUSINESS PARTNERS DHN Attorneys, P. A. Ms. Don Nguyen, Esq. Esterline Landscape Company Ms. Trish Loelo Everglades Security Solutions Mr. Tom Harman J Meyers Insurance Group Ms. Lori Williams Premium Trash Services Mrs. Courtney Gavin Shuffield, Lowman & Wilson, P.A. Mr. Matt Gary Firestone, Esq.
MULTI-CHAPTER BUSINESS PARTNERS Bel-Mac Roofing, Inc. Ms. Kim Rindge
Universal Protection Service Mr. James Dycus
Mr. Nicholas Christakos Titan Management
Ms. Melissa Dotson Titan Management
Mr. David Dombroski Ms. Kathryn Oates Associa Mrs. Jill Nicole Rygh, CMCA
Mr. John Jones, Jr. Titan Management
Mr. Domingo Sanchez Titan Management
Ms. Krista Plaza Titan Management
Ms. Jeanny Tejada
Ms. Erin Poirier Titan Management
Ms. Jennifer Chioma Teolis Ms. Linda Wilson Mrs. Alexandra Agudelo Golden Sands Community Management Mrs. Carol Reed Leland Management, Inc. Ms. Christie Zarilla Leland Management, Inc.
Corless Barfield Trial Group Ms. Elizabeth McCarthy Landscape Maintenance Professionals Ms. Kelly Ann Vickers
Ms. Gwendolyn Evans Titan Management
Ms. Cindy MacDonald Space Coast Community Associations Ms. Lucille Babon Titan Management
Mr. Michael Reed Titan Management Mrs. Marcia Rivera Titan Management Mr. Sean T. Wall Titan Management
MULTI-CHAPTER MANAGEMENT COMPANY Vesta Property Services, Inc. Mr. W. David Mahan
award winning members Rebecca Furlow, President of Leland Management, received the National Recruiting award from CAI National.
Jamie Rodriguez accepted an award from the Sunshine Foundation for CAI participation in the Dream Village, which included a paver and a sign in front of cottage #4 (the Keebler Cottage).
Larry Sheeler, of Titan HOA Management, received an award from CAI National for recruiting thirteen new members and he also received $250!
Dave Holt, a long-time member of CAI Central Florida and former Board Member, was the recipient of the Annual Community Association Volunteer Award from the Board of Trustees.
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collecting assessments BY CAI PRESS, A DIVISION OF COMMUNITY ASSOCIATION INSTITUTE
Association board members have many of the same responsibilities as the directors of other corporations: It's not unusual for a board to be responsible for millions of dollars in real estate and hundreds of thousands of dollars in assessment fees. Given this fiduciary responsibility, association boards must collect assessments in a timely, systematic manner. The financial position of the association has a direct and substantial effect on every member - without adequate funds, the association can't provide the maintenance and services mandated by the governing documents. Poor maintenance of the association can diminish property values. The association declaration and state laws give associations authority to develop budgets and collect the assessments necessary to operate them. This involves assessing owners and authorizing the collection and expenditure of funds. When a board adopts the annual budget, it should take formal steps to legitimize its administration of the association's financial affairs. Each association should adopt, by resolution, procedures to collect assessments, clearly citing the association's authority and the penalties for noncompliance. Associations should create and apply an effective, proactive collection system and try to avoid legal confrontations. However, since no policy covers every situation, each plan must be flexible and fair and comply with the governing documents, as well as any applicable laws. Some associations offer multiple payment methods - lump sum, quarterly or monthly. The objective of any system should be to stabilize the association's cash flow. Multiple remittance methods can also facilitate timely payment from members - including automatic credit card debits, coupons, invoicing and electronic funds transfers can also facilitate timely payments.
Once the board has decided what payment methods to use, it must develop a plan for dealing with late payments, bounced checks, denied credit card transactions and the numerous administrative tasks that accompany each of these issues. The key to success is a well-planned system that includes a collections calendar and a secure method of detailed record-keeping. Simple, direct and repeated communication with owners is the most effective means to facilitate collections, as understanding fosters cooperation. Nevertheless, many associations have difficulty getting 100% of their members to pay their dues on time, despite their communications efforts. And late payments from even just a few owners can cause cash-flow problems for associations with tight budgets. Collection problems can stem from a misunderstanding that might be settled easily. Whenever this happens, be sure to act quickly; small delinquencies should not be allowed to develop huge deficits. Associations should pursue various non-legal remedies to collect fees - including suspending privileges, charging late fees and communicating with the lender - before taking legal action. When all other alternatives fail, always involve an attorney who specializes in working with community associations to pursue collections.
ÂŠ CAI Press, a Division of Community Associations Institute. No part of this article may be reproduced in whole or in part without written consent. Please direct inquiries to email@example.com. For more information about this topic, see "Member Dues: How Community Associations Collect Assessments" at www.caionline.org/shop.
July 16-17 9am-5pm
LOCATION: Crowne Plaza Orlando 304 W. Colonial Drive Orlando, FL 32801
Specializing in Community Associations Since 1962 For more information contact: Matt Reedy, AAI Sales Executive (p)321-574-6939 firstname.lastname@example.org
tradeshow recap BY CAI CENTRAL FLORIDA 2015 TRADESHOW COMMITTEE
On March 26th, 2015, the Central Florida Chapter of CAI hosted their annual tradeshow, attracting hundreds of board members, managers, and business partners from across the state. The most highly attended tradeshow to date was celebrated in genuine Orlando fashion – with over-the-top décor, live music, food and drinks, a louder-than-life theme, and heavy participation from the members of this active chapter. Thanks to the efforts of the organizing Tradeshow Committee, the Board of Directors, Medallion Sponsors, Event Sponsors, and the trailblazers who grew this event from a small gathering to the highly anticipated production that it has become today, the local CAI chapter has become well known for hosting what some would call the best, local event in the industry. The tagline to “Jazz Up Your Association” resonated throughout the Hilton Orlando while over 140 participating exhibitors interacted with attendees throughout the day. Thanks to commitments from sponsors like Renovia, the Cajun King of the event, the tradeshow has become an extravagant and highly anticipated event for all. The education schedule ran from 11am to 3pm and included a Board Member Certification Class, two Legal Panels, and an Insurance Disaster Preparedness course. In true CAICF tradition, the selected theme ruled the event, and the New Orleans atmosphere created a fun-loving ambiance that only the Big Easy itself could appreciate. Upon entering the Expo Hall (sponsored by Vital Security, the French Quarter Contributor), attendees were greeted with a live musical jazz performance and walked under the arches toward the Café Du Monde photo-op. Inside the expo hall were decorated exhibits from some of the leading businesses in the community association industry. The interior courtyard (sponsored by Vice Painting, the Bourbon Street Supporter) was a focal point of the event, catering to Board Members by offering food, a themed Hurricane cocktail, and a 18
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souvenir glass. Within this VIP Board Member area, thousands of dollars worth of prizes were raffled off to attendees. Although all the exhibits participating in the expo looked wonderful, only one vendor could be named the winner of the Best Booth Contest. By popular vote, Valley Crest won the contest and received their trophy at the end of the event, in second and third was Premier Management of Central Florida and Leland Management, respectively. The end of the tradeshow meant the start of the official After Party at David’s Club (sponsored by Austin Outdoor) where all attendees were welcome to gather and network. The chapter extends a special thanks to the Beaded Benefactor sponsor, PeytonBolin, and the Parade Patrons (BB&T Association Services, HIG Insurance, Alliance CAS, J. Meyers Insurance Group, Hara Management, Mallard Systems, The Lake Doctors, Valley National Bank, CNL Bank, and Towers Property Management) for their support. Additional event sponsors include: Printing & Signage – Image Graphics, Plants – Austin Outdoor, Security Officers – Vital Security & Premier Security, Photography – Katzman Garfinkel.
SOME FUN CAPTURED AT THIS YEAR'S MARDI GRAS TRADESHOW
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