Central Florida Times | 2nd Quarter 2023

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CENTRAL FLORIDA

CAICF.ORG | 2ND QUARTER 2023
TIMES

CONTACT INFORMATION

P.O. Box 941125

Maitland, FL 32794

www.caicf.org

exdir@caicf.org

407-913-3777

2023 BOARD OF DIRECTORS

Jarad Pizzuti, President

Tracy Durham, CMCA, AMS, CFCAM, PCAM, Vice President

Leslie Ellis, CPA, MSA, CGMA, Treasurer

Jessica Cox, Secretary

Brian Jones, President-Elect

Frank Ruggieri, Esq., Past-President

Patrick Burton

Ken Zook

Stacey Loureiro, CMCA, AMS

Stefanie Nicholson, CMCA, AMS

Tom Wheir

Congress Introduces Making Condos Safer & Affordable Act

Two years after the anniversary of the deadly Surfside building tragedy, U.S. Representatives Debbie Wasserman Schultz (FL-25) and Bill Posey (FL08) introduced the bipartisan Making Condos Safer and Affordable Act of 2023 to provide comprehensive condo relief that would expand and ensure access to public and private loans for structural and safety repairs, providing bipartisan preventive assistance for millions of residents grappling with the building integrity realities exposed in the Surfside condominium collapse that took 98 lives. Wasserman Schultz’s district includes Surfside, Fla., where Champlain Towers South once stood.

Community Associations Institute (CAI) members are grateful to Representative Wasserman-Schultz’ and Representative Posey’s commitment to condominium safety. Since the tragic partial condominium collapse of Champlain Towers South two years ago, CAI is committed to condominium safety, structurally sound, and fiscally responsible communities. If passed, this legislation will provide important resources millions of Americans living in condominium buildings need. “Our collective efforts remain dedicated to the memory of those 98 individuals who lost their lives, those who lost loved ones, and those who lost their homes during this tragic condominium collapse,” says Thomas M. Skiba, CAE, CAI’s chief executive officer.

The Foundation for Community Association Research estimate there are 140,000150,000 condominium and housing cooperative buildings in the U.S. According to the American Communities Survey, approximately two-thirds of the buildings are older than 30 years old. Some of these buildings may need critical repairs and homeowners may not have access to the funding needed. The Making Condos Safer and Affordable Act will provide access to low-interest, government backed loan products, which leads to safer and more affordable condominiums.

This article is from HOAresources.com, which explores questions and comments from community association members living in condominiums, homeowners associations, and housing cooperatives. We then assemble trusted experts to provide practical solutions to your most commonly asked, timely questions. We never use real names, but we always tackle real issues.

TOPIC
2ND QUARTER 2023
2ND QUARTER 2023 | CENTRAL FLORIDA TIMES 3 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 committee chairs: CA Day/Trade Show Committee Christy Raymon Don Asher & Associates christy@donasher.com Communications Committee Benjamin Isip Towers Property Management, Inc. ben@towerspropertymgmt.com Education Committee Suzan Kearns Premier Association Management suzan.kearns@premiermgmtcfl.com Meet the Managers Committee Angela Timmons Greystone Management angela@greystone-mgmt.com Gala Committee Ken Zook Waterford Lakes ken.zook@mywaterfordlakes.org Golf Tournament Committee Seamus Devlin RL James sdevlin@rljames.com Legislative Committee Tom Slaten Larsen and Associates tslaten@larsenandassociates.com Shayla Mount Arias Bosinger sjmount@ablawfl.com Membership Committee Mary Ann Sheriff One Florida Bank msheriff@onelforidabank.com Social Committee Susan Chapman Juniper Landscaping susan.chapman@juniperlandscaping.com Sunshine Foundation Committee Jennifer Agravat Asphalt Restoration Technology Systems jennifer.agravat@asphaltnews.com COMMUNITY ASSOCIATION PROGRAM The CommuniTy Banking SoluTion for CommuniTy aSSoCiaTionS John Calpey SVP/Business Development 407-693-0527 (o) 407-920-1789 (m) ONEFLORIDABANK.COM Mary Ann Sheriff SVP/Market Executive 407-693-0606 (o) 407-247-4887 (m) associationservices@onefloridabank.com Experience the Difference of Working with a Florida Based Bank

Chapter News

As we end the first half of the year, we can all celebrate how far our Chapter has come. We survived the pandemic, struck up our in person meetings right away, and we’ve had some wonderful events. Bringing good events to the membership is so important for you as you build relationships and long term friendships. It has always been important to me that you receive the benefits of belonging to CAI. You all are CAI!

This year we will have two new events in Brevard County. Additionally, we’ll have our third annual bowling match on September 27th at the fabulous Boardwalk Bowl again. Also, we have secured the date for the Golf Tournament on October 26th at Shingle Creek. Bowling and the Golf Tournament will go on sale in July, so watch for the email.

I would like to thank the management companies for signing up for Meet the Managers on July 13th. I anticipate a great success as we are now doing only one round and ending the event with a happy hour. The committee, chaired by Angela Timmons from Greystone

Management, along with Stacey Loureiro and Anita Roberts from Premier, figured out how we could make this change that makes the event better for everyone! Please thank them for their genius.

The Board has created a CAI Grant for communities and we will be rolling that out shortly. If you know a community that has some needs, such as a signage project or benches in the community park, please keep this in mind. Although the City of Orlando and Orange County both have grants that you can apply for, we now have one as well and it is named after our fondly remembered, Chuck Strode.

Also, we hired a professional social media company and our posts have been coming out regularly! Please follow us on Instagram, Facebook and LinkedIn. We need you to “like” us or follow us. We have come a long way!

The next luncheon is August 3rd; I hope to see you there!

Happy Summer!

4 CENTRAL FLORIDA TIMES | 2ND QUARTER 2023 FROM THE CED

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Learn More About SOL Pro Management Plans SOLitudeLakeManagement.com/sol-pro

2ND QUARTER 2023 | CENTRAL FLORIDA TIMES 5 For a full list of our services, visit solitudelakemanagement.com/services Algae & Aquatic Weed Control | Water Quality Testing & Lab Services | Fountains and Aeration | Erosion Control Invasive Species Management | Lake Mapping | Fish Stocking | Hydro-raking | Mechanical Harvesting | Dredging SOLitude provides the most complete and cost-effective waterbody management solutions 855-534-3545 • solitudelakemanagement.com Restoring Balance. Enhancing Beauty.
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SET

Calendar of Events

More details regarding upcoming events will be posted to caicf.org under the “Events” tab. Check back regularly for the most up-to-date information. CAICF Board Meetings will be held before or after each of the Monthly Meetings. 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!

• July 13th: Meet the Managers at 2pm in the Winter Park Events Center. The cost for Business Partners is $400 for one representative and $650 for two representatives. We ask all Manager members to please send one representative from your office. The event will end with happy hour, including food and drinks. Business Partner spots are SOLD OUT, but Manager members are encouraged to register ONE rep from their company. Click here to register.

• July 19th: Legislative Update SB 154 Webinar at 11am on Zoom. Gov. DeSantis signed SB154 that revised SB4D changing guidelines and timelines for Milestones, Inspections, Structural Integrity Reserve Studies, and Turnover requirements. There are NEW disclosure requirements for all residential condo sales. Attending the webinar will give you: A word track to share with the BOD and membership on why they have to do this sooner than later; A detailed breakdown of what exactly has to be done and who has to comply; Timelines on when inspections, notices and deliveries must be done; and How the regulations will be enforced and policed Click here to join the Zoom Meeting.

• August 3rd: Monthly Meeting: Luncheon - Mosquitos & Midges Oh MY! CEU presented by Cherrife Jackson of Clarke Aquatic. Registration begins at 11:30am and the program begins at 12pm. Manager Members & Homeowner Leaders (HOA Board Members) are FREE and Business Partners cost $37. Click here to register. Want to sponsor the August meeting? Click here for all the details.

• September 7th: Monthly Meeting: LuncheonCommunicating with a Multi-Generational Board & HOA CEU presented by Connie Lorenz of Asphalt Restoration Technology Systems - 1 Hour CEU (HR/ELE) Class (#9631353). Are you finding it harder and harder to get your HOA Board or residents to communicate? Are some residents complaining that the board isn’t keeping them informed where others are saying stop sending emails? If you are looking for clues on how to open the lines of communication with your multi-generational board or homeowners’ association, this is the class for you! This class will show you the gaps between the generations and help you open up communication. Registration begins at 11:30am and the program begins at 12pm. Manager Members & Homeowner Leaders (HOA Board Members) are FREE and Business Partners cost $37. Click here to register. Want to sponsor the September meeting? Click here for all the details.

• September 27th: 3rd Annual Bowling Match at Boardwalk Bowl. More information coming soon.

• October 5th: Monthly Meeting: Luncheon - Reserve Studies presented by Nick Brenneman of Reserve Advisors.

• October 26th: Golf Tournament at Shingle Creek.

• November 2nd: Monthly Meeting: Luncheon

• December TBD: Annual Meeting & Gala

SPONSOR AN UPCOMING CHAPTER MEETING IN 2023!

Each sponsor for the Chapter Meetings receive face time in front of the membership with the microphone to talk about your company. You will also be able to put give-away items and collateral on all the tables. Space is also provided for our sponsors to display their marketing materials. Every sponsor is important to our chapter and your generous donation goes directly to off set the costs of the program. Only three sponsors are permitted per program. Please consider sponsoring today! CONTACT

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.

6 CENTRAL FLORIDA TIMES | 2ND QUARTER 2023
CHAPTER UPDATE
REINI MARSH AT EXDIR@CAICF.ORG OR 407-913-7777
2ND QUARTER 2023 | CENTRAL FLORIDA TIMES 7 © 2020 Valley National Bank. Member FDIC. Equal Opportunity Lender. All Rights Reserved. VLY0971 EXPERIENCE THE HOME OF HOA BANKING It’s time you had one place to go to meet all your HOA banking needs. Simplify your HOA banking experience today. Shelby Benson | VP | Business Banking HOA | COA Solutions Group 321.332.3186 or sbenson@valley.com

Upcoming Workshops, Webinars & Manager Education Classes

CAI WEST FLORIDA’S A.P. STUDY HALL

CMCA Review Course

Thursday, August 31 at Courtyard by Marriott Bradenton

Presented by Dr. Thomas Engblom, PCAM, CPM, ARM, CMCA, AMS. This is a proven review class based on the success rate from statistical data of 50-90% passing ratio for testers. Dr. Engblom has been teaching this four-hour review class for 15 years throughout the country and is now used internationally. Click here for more information and to register.

COMMUNITY CONNECTIONS WORKSHOP SERIES

This series is hosted in partnership by Orange County Neighborhood Services Division and the City of Orlando Office of Communications & Neighborhood Relations. The workshops are free to all.

HOA and Condo Board of Directors Certification Training

Saturday, July 8 from 9am-12pm

Serving on an HOA or condominium association board requires Florida’s certification compliance within 90 days of being elected. Participants will be provided with a broad overview of the many responsibilities and areas of oversight required by condominium and homeowners’ association board of directors. Learn about condominium and HOA operations, records maintenance and owner access to records, dispute resolution options, budgets and reserves, election requirements and financial reporting. Click here for the workshop information and to register on Eventbrite.

Asset Based Community Development

Saturday, August 12 from 9am-12pm

It is all about community building! This workshop is designed to teach neighborhood leaders and volunteers new strategies through “civic and social networking.” ABCD builds on the gifts (skills, experiences, knowledge, and passions) of neighbors, local

business, and community and faith-based organizations, the power of neighborhood organizations, and the supportive functions of local government needed for livable and sustainable neighborhoods. Participants will learn the ABCD approach of enhancing and supporting a neighborhood organization’s capacity to identify, promote and connect with their neighborhood assets. Click here for the workshop information and to register on Eventbrite.

2023 Legislative Update

Saturday, September 9 from 9am-12pm

State laws regulating mandatory condominium, property and homeowners’ associations change each year. At this workshop, an attorney will present and answer questions about legislative updates covering a range of topics, including mandatory association governance, grievances or appeals processes, official organization records requirements, association/member disputes, reserve funding requirements, how to legally deal with foreclosures, association rule and more. Click here for the workshop information and to register on Eventbrite.

EDUCATION FOR MANAGERS

CAI offers many online learning opportunities (click on the dates below to register or obtain more info) that lead to professional credentials. View the 2023 Education Catalog for additional resources.

» July 13-14: M-201 - Facilities Management

» July 20-21: M-350 - Manager and the Law

» August 3-4: M-100 - The Essentials of Community Association Management

» August 10-11: M-202 - Association Communications

» August 24-25: M-310 - Management Company Administration

» September 7-8: M-204 - Community Governance

» September 28-29: M-100 - The Essentials of Community Association Management

8 CENTRAL FLORIDA TIMES | 2ND QUARTER 2023
EDUCATION

Engage.Envision.Engineer.

2ND QUARTER 2023 | CENTRAL FLORIDA TIMES 9
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NEW CHAPTER MEMBERS

BUSINESS PARTNERS

Cardinal Painting

Chris Noe

Finch Roof Consulting

Harrison Contracting Company

William Lam

Kaye Bender Rembaum, PL

Alan Schwartzseid

Klausmair Construction

Carolyn Finegan

Overton Construction & Consulting

Sherry Hall

Poop Bandit - Pet Waste Removal

Michael Wright, II

Prosegur Security

Dana Whitaker

United Water Restoration Group

Shawn Havalotti

STUDENT MEMBER

Kaishon Knox

Valencia College

VOLUNTEER HOMEOWNER LEADERS

David Anderson

Celebration Residential Owners Association, Inc.

Bill Grindl

Celebration Residential Owners Association, Inc.

Jim Hays

Celebration Residential Owners Association, Inc.

Celia McFadden

Celebration Residential Owners Association, Inc.

Charles Richards

Celebration Residential Owners Association, Inc.

Cindy Swisher

Celebration Residential Owners Association, Inc.

Jared Wise

Celebration Residential Owners Association, Inc.

MANAGER MEMBERS

Victor Marsich

Sentry Management

Angela Alvarez

Sentry Management

Ashley Carroll, CMCA, AMS Silverleaf Management Group

Jasmin Correa

Lauren Gunnyon, Esq.

Nicole Andrea Jimenez

WANT TO JOIN THE CENTRAL FLORIDA CHAPTER?

Homeowners, Managers, and Business Partners can become members. If you provide products or services to community associations, CAI can give you direct access to thousands of potential customers and provide unique opportunities through networking luncheons, socials, and other great events. Visit caicf.org/resources/ membership to learn more!

10 CENTRAL FLORIDA TIMES | 2ND QUARTER 2023
2ND QUARTER 2023 | CENTRAL FLORIDA TIMES 11 What’s Lurking Beneath the Surface in Your Community BOUTIQUE SERVICE | TOWERING CAPABILITIES Construction Legal Services | www.balljanik.com We handle claims on a contingent fee basis, advancing all fees and costs We have attorneys Board Certified in Construction Law by The Florida Bar We will partner with your current attorney for your association and solely handle the construction defect claim Do not let your claims expire! Call us at 407.455.5664 for a free inspection and report of any findings of construction defects

2023 LEGISLATIVE SUMMARY

The Florida Legislature passed a number of bills impacting community associations. CAI-FLA, which lobbies on behalf of Florida community associations was instrumental in shaping these new laws, and in some cases, defeating unwanted legislation. Many of these bills, while passed by the Legislature, have yet to go to the Governor for approval. We will keep you informed as they are acted upon and enacted.

APPROVED LEGISLATION

Senate Bill 154 Condominium Safety

Senate Bill 360 Construction Defects

House Bill 437 Flags, Display and Storage

House Bill 799 Property Insurance

House Bill 919 Homeowners’ Associations

Senate Bill 7052 Insurer Accountability

SUMMARY OF NEW LEGISLATION

SB 154 CONDOMINIUM SAFETY

2022 legislation creating mandatory Milestone Inspections, mandatory Structural Integrity Reserve Studies and mandating specific reserve funding created much confusion among community association volunteer leaders and professionals. Senate Bill 154 provides much needed clarity while preserving the intended safety measures. CAI Florida Legislative Alliance (CAI-FLA) was involved at every stage of the process. Our members and advocates described ambiguities and unintended consequences of the law to elected representatives, legislative staff and DBPR representatives before and during the session. CAI-FLA maintained close contact through the multiple drafts and amendments to various bills. While further improvements/clarifications are still desirable, this Bill:

Clarifies obligations associated with Milestone Inspections in §553.899, F.S. by:

» Limiting the requirement to obtain a milestone inspection to residential communities including mixed-use buildings.

» Removing the timeline differential based on the location of buildings. All condominium and cooperative buildings 3-stories or higher must conduct their milestone inspection before the 30-year mark unless an earlier inspection is justified by the local enforcement agency. It allows buildings that reach 30 years of age on or after 7/1/22 but before 12/31/24 an extra year to complete their milestone inspections and SIRS.

» Authorizing local enforcement agencies to extend the deadline for a building upon showing with good cause that the building has entered into a contract with an engineer or architect, but

due to demand, the report cannot be reasonably completed prior to the deadline.

» Permitting the local authority to accept a report issued by an engineer or architect that inspected the building(s) before 7/1/22 if the inspection and report substantially comply with these requirements.

» Explaining the milestone inspection shall be conducted by a team of professionals, with an engineer or architect acting in responsible charge.

» Establishing deadlines for the Board of Directors to distribute information pertinent to the inspection and the professional summary thereof.

» Directing the FL Building Commission to codify an inspection program into the FL Building Code that includes inspection criteria, testing protocols, and standardized forms.

Due Date(s) for Milestone Inspection

» If 30 years from the Certificate of Occupancy (CO) passed before July 1, 2022 – the initial inspection is due by 12/31/24.

» If the building reaches 30 years from CO on/after 7/1/2022 but before 12/31/24- the initial inspection is due by 12/31/25.

» Phase I of the milestone inspection report must be furnished to the local enforcement authority within 180 days of receipt of notice.

» If Phase II is required, a progress report to the local enforcement authority is due within 180 days of the date of the Phase I report.

With respect to Structural Integrity Reserve Studies (SIRS), this bill:

» Expands the range of professionals that may perform the visual inspection/prepare SIRS and Turnover Inspection Reports required by 718.301(4)(p).

» Permits reliance on the visual inspection for a milestone inspection performed within the past 5 years in connection with the SIRS.

» Eliminates the need for developers to conduct a SIRS prior to turnover (the Turnover Inspection Report will act as substitute).

» Clarifies that any budget adopted on or after December 31, 2024 must include the funding specified in the SIRS and members cannot vote to waive or reduce funding of the SIRS reserves, or vote to use the SIRS reserves for any other purpose except for the components in the SIRS.

» Clarifies that the members (owners) in buildings 3 stories or

Continued on page 14

12 CENTRAL FLORIDA TIMES | 2ND QUARTER 2023 LEGISLATION
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LEGISLATION

higher may still vote to waive or reduce reserve funding for nonstructural (non-SIRS components) items.

» Clarifies that the members (owners) may still vote to waive or reduce reserve funding for one- or two-story condos (requirement for budget, as adopted by board, to include the reserve schedule and funding for paving, painting, roofing and any component where the replacement or deferred maintenance cost exceeds $10,000 remains).

» Changes voting threshold to waive or reduce reserve funding to a majority of the voting interests (an increase from the current requirement of a majority of a quorum).

» Provides reserve contributions may be adjusted to account for inflation.

» Clarifies that reserve funding only applies to items that association is responsible to maintain, repair and/or replace.

» Clarifies that items with a remaining life of more than 25 years do not have to be funded.

» Removes “Floor” and “Foundations” from the list of components that must be addressed in a SIRS. Adds “Structure,” “Primary Structural Systems” and “Exterior Doors” to the list of SIRS items.

Other provisions in the bill:

» Excludes insurance premiums from the 115% threshold calculation for budget increases.

» Relieves condo/coop unit owners insured by Citizens from purchasing flood insurance.

» Requires Boards to perform any required maintenance identified in the turnover inspection report or any subsequent maintenance protocols.

» Requires additional disclosures on sales and extends the termination period if required reports are not completed.

» Disposes with DBPR arbitration to resolve disputes related to milestone inspections, SIRS or reserve funding (instead requiring compliance with §720.311 pre-suit mediation as a prerequisite to litigation).

» Expands access to records.

SB 360 CONSTRUCTION DEFECTS

CAI-FLA fought hard against SB 360 as being anti-consumer and for the negative affects it would have on community associations with construction defect claims. While successful in mitigating some provisions, the bill was signed into law substantially as originally proposed. Thus, CAI-FLA will support bills during the next legislative session tolling the running of the statute of repose/limitations for HOAs, coops, and condominiums until after turnover has occurred. SB 360 revises the following existing statutes as follows:

» § 95.11(3)(c) The statute of repose has been shortened from 10 years to 7 years and starts the repose and statute of limitations periods upon the occurrence of one of these 4 events: a) issuance of a temporary certificate of occupancy; b) issuance

of a certificate of occupancy; c) issuance of a certificate of completion; or d) the date of the abandonment of construction if not completed. Most renovation projects do not have any of these events so it is unknown how courts will address this glitch in the law. Condominiums and townhome communities with multiple buildings constructed over a period of years will now have the limitations and repose periods beginning to run upon each building receiving a temporary certificate of occupancy, certificate of occupancy, or certificate of completion. Model homes or units owned by developers are exempted from these triggering events, and the statute of repose and limitations will begin to run on the date of the transfer of title from the developer to the first purchasers.

» § 553.84 SB 360 waters down the private cause of action for violations of Florida’s Building Code by adding a “materiality” requirement to support a claim. Now an association must not only show the existence of a building code violation, but also that the violation has or will result in physical harm to a person or significant damage to the performance of a building or its systems.

HB 437 FLAGS, DISPLAY AND STORAGE

Initially, CAI-FLA did not object to House Bill 437. As originally proposed, the bill merely sought to expand the right of a homeowner to fly flags on that homeowner’s property. It increased the number and types of flags a homeowner could fly within a Homeowners Association, and increased the list of holidays during which a condominium owner could fly a second flag. However, during the legislative process, HB 437 was amended to create a new statute allowing for displays, beyond flags, including storage of items not visible from the parcel’s frontage or an adjacent parcel. CAI-FLA fought hard against these changes. CAI-FLA objected to the creation of the new storage statute as a retroactive impairment of existing covenants and pointed out the negative effects such storage could have on community association aesthetics. However, the storage provision stayed and was included in the final bill passing both the House and Senate. The Bill has been sent to the Governor for review and signature. Thus, CAI-FLA will support bills during the next legislative session to lessen the scope of the newly created storage statute, Florida Statute 720.3045, or eliminate it entirely.

HB 437 revises the following statutes, and creates one new statute, as follows:

» Florida Statute 718.113 was amended to add Patriot Day (9/11) to the list of holidays for which a condominium unit owner may fly an additional portable removable flag.

» Florida Statute 720.304 was amended to allow the flying of two flags, regardless of any provision in the Association governing documents to the contrary, and to expand the list

Continued on page 16

14 CENTRAL FLORIDA TIMES | 2ND QUARTER 2023
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LEGISLATION

of flags allowed by statute. A variety of first responder flags are now included in the list of flags a homeowner may fly. Florida Statute 720.304(2)(a) allows a homeowner to fly any two portable flags from the list provided in the statute, while Florida Statute 720.304(2)(b) allows a homeowner to fly the U.S. Flag and one other flag from the expanded list provided in the statute on a freestanding flagpole.

» Florida Statute 720.3045 was created to allow installation, display, and storage of items not visible from the parcel’s frontage or an adjacent parcel. It allows a homeowner or their tenant to store “any items” including, but not limited to, boats, RVs, and artificial turf, so long as such items are not visible from the frontage of the parcel, or visible from an adjacent parcel, or prohibited by local ordinance. The term Parcel is defined in Florida Statute 720.301(11) to mean a subdivision of real property within a community, capable of separate conveyance, as described in a Declaration, for which a parcel owner must be a member of an Association and pay assessments which could result in a lien. As such, a Parcel is not a drainage pond, a navigable waterway, a roadway, and not likely a golf course. Because only stored items visible from the frontage of a parcel or an adjacent parcel may be objected to by the Association under this new statute, we expect significant complaints about stored items visible: from a roadway abutting a corner lot, across a pond, or from a golf course, as well as stored items visible from a navigable waterway, and items visible from a two-story home not directly contiguous to the parcel storing items.

» Florida Statute 720.3075 was amended to increase the number of flags a homeowner can fly, from one to two.

HB 799 PROPERTY INSURANCE

This legislation makes the following changes to property insurance:

Windstorm Coverage

» This bill requires property insurance companies to provide premium reductions for homes with wind uplift prevention. Wind uplift prevention is a critical construction technique used to secure a roof during high-winds.

» What is wind uplift? Wind uplift is the upward-acting pressure on the parts of a roof caused by wind traveling across the roof.2 It is a force measured in pounds per square foot and occurs when the pressure below a roof exceeds the pressure above it.2 Wind uplift can intensify during high winds, as air enters a building causing an increase in air pressure below the roof, while the speed of the wind over the roof reduces the pressure above the roof.2 When wind uplift exceeds the limits of a building system design, a roof deck could detach from a supporting structure.2

» The bill adds wind uplift prevention to the list of fixtures or construction techniques for which an actuarially reasonable discount, credit, or other rate differential, or appropriate

reduction in deductibles, must be included in a rate filling for residential property insurance.2

» The bill also provides an appropriation for the Florida Office of Insurance Regulation (FOIR) to procure a wind-loss mitigation study.2 The study is required to evaluate roof strength, roof covering performance, roof-to-wall strength, wall-to-floor-tofoundation strength, opening protections, and window, door, and skylight strength.2 The findings of the report must be reported to the Governor, the President of the Florida Senate, the Speaker of the Florida House of Representatives, the Chief Financial Officer, and the Florida Commissioner of Insurance Regulation no later than July 1, 2024.

Citizens Property Insurance Corporation

The bill provides that the “glidepath” normally imposed on Citizens year-to-year rate growth does not apply to policies where coverage for the risk insured by Citizens was last provided by an insurance company determined by Florida Office of Insurance Regulation (FOIR) to be unsound or placed into receivership due to impairment or insolvency.

Flood Coverage Required by Residential and Commercial Property Insurance Policies

» If a residential or commercial property insurer requires that an insured or applicant have coverage for the peril of flood when the insurer issues a policy covering the peril of wind, unless the insurer verifies that the insured or applicant has coverage for the peril of flood at the time the policy was issued or renewed, the insurer may not deny a claim for wind solely because the insured does not have coverage for the peril of flood, unless the flood coverage that was verified at the time of application or renewal, is not in force at the time of the loss.1

» A master flood policy that is issued to someone other than the insured or applicant and that includes the insured or applicant as an intended or third-party beneficiary under the master flood policy is acceptable proof of coverage for the peril of flood.1

Sources

1Florida House of Representatives – House Bill 799 – An Act Relating to Property Insurance

2Florida House of Representatives – House Bill 799 – Staff Analysis

HB 919 HOMEOWNERS’ ASSOCIATIONS

The HOA Reform Bill went through several changes before ultimately passing the Florida Legislature. The original bill was 60 pages long and would have impacted Condos, Co-Ops and HOAs. However, after the Community Association Institute voiced concerns, Representative Porras and Senator Rodriguez worked to reduce prohibitions that were seen as unnecessary by most

Continued on page 18

16 CENTRAL FLORIDA TIMES | 2ND QUARTER 2023
2ND QUARTER 2023 | CENTRAL FLORIDA TIMES 17 Our mission is to provide “Premier” services and solutions to enhance the property values and promote a sense of harmony in the communities we are privileged to manage. Commercial l Homeowners l Condominiums Commited to integrity, transparency and ethical business practices Great communication with board and residents Premier Association Management of Central Florida 2020 A Proven History of Management Excellence 407.333.7787 PremierMGMTcfl.com A Proven History of Management Excellence

LEGISLATION

community association constituents. There are issues which the final legislation did not address that will undoubtedly return for consideration during the 2024 Session beginning in January.

The final version of the bill removed several items, such as impairing D&O coverage, prohibiting liens and foreclosures for past due assessments and fines, and increasing FDLE and DBPR oversight. Requirements to appoint an official records keeper were removed along with the requirement of restrictions to a parcel to be confined “only” to what is contained in the Governing Documents. CAI explained how the expansion of the owner’s access to records to include all sales of parcels would create another mandate for CAMS to have to redact confidential information, which resulted in this being removed from the bill. The application of payments will not be affected by this bill, nor the attorney fee structure presented in the original version.

The bill does add new requirements, including the need for notices for homeowners’ association board meetings to identify the agenda item, the removal of officers or directors charged with specific crimes, and revisions to the notice requirements for imposing and collecting fines.

The final bill also requires the use of a member’s email address for notices be revised, with the option to designate a different address for all required notices. It also prohibits the commingling of funds collected for expenses that may result from construction on a member’s parcel, with the association required to provide an accounting of such funds and remit any unused funds to the member within 30 days after completion. The bill also holds officers, directors, and managers accountable for accepting kickbacks.

Furthermore, the bill requires directors and officers of an association to disclose any activities that may pose a conflict of interest. Finally, fraudulent voting activities are punishable as first-degree misdemeanors, which includes preventing members from voting, and using bribery, menacing, or threatening to influence or deter a member from voting.

SB 7052 INSURER ACCOUNTABILITY

This legislation is intended to increase consumer protection and insurance company accountability in the State of Florida.

» The bill reduces the time for providing documents to the Florida Office of Insurance Regulation regarding a complaint from 20 days after the receipt of written request to 14 days and increases the fines for non-compliance.1

» This bill requires new quarterly report of enforcement activity by the Florida Office of Insurance Regulation. The report must detail the insurer or other licensee or registrant against whom action was taken; whether the office found any violation of law or rule by such party, and, if so, details of such violation; and the resolution of such action, including any penalties imposed

by the Florida Office of Insurance Regulation.1

» The new legislation expands current law prohibiting insurers from cancelling a residential property insurance policy until 90 days after repairs are completed. Under this bill, for all other types of losses, authorized insurance companies are prohibited from cancelling a property insurance policy during any pending claim until the earlier of when the property has been repaired or 1 year after the insurance company issues the final claim payment.2

» SB 7052 requires authorized insurers to given written notice to the Florida Office of Insurance Regulation before any temporary suspension of writing new residential property insurance policies at least 20 business days before the effective date of the suspension or 5 business days before notifying its agents, whichever is earlier.2

» The bill clarifies if a roof deductible is applied, the prohibition on applying any other deductible under the policy encompasses any other loss to the property caused by the same covered peril.2

» This legislation requires Citizens Property Insurance Corporation to cover homes insured by insolvent insurance companies that have not been repaired.

» SB 7052 requires every company to “create and use a claimshandling manual”. The manual must cover a list of subjects outlined in the bill, be furnished to the Florida Office of Insurance Regulation (FOIR), and must be attested on or before August 1, 2023, and annually thereafter beginning on May 1 of each calendar year.

» The new bill will require property insurance mitigation discounts be updated at least every five years and requires insurers to provide consumer-friendly information on their website describing hurricane mitigation discounts available to policyholders.2

Sources

1Florida Senate– Senate Bill 7052 – Insurer Accountability

2Florida Senate – Senate 7052 – Bill Analysis and Fiscal Impact Statement

The CAI Florida Legislative Alliance (CAI FLA), a committee of CAI is the official voice with legislators and regulators in Florida. CAI FLA exists to speak with one voice on legislative and regulatory matters that affect community associations, community association managers and CAI business partners. CAI FLA is made up of a balance of CAI members and appointees from chapters within the state. CAI FLA is a committee of CAI’s national office and is a partner with CAI’s chapters Florida. Our task is to identify community association issues, monitor legislation, and advocate for legislation advancing community association needs. CAI-FLA has built both long-standing and new relationships with numerous state legislators over the years. With full-time professional lobbyist Travis Moore at the helm, CAIFLA is an effective and respected force in Tallahassee.

18 CENTRAL FLORIDA TIMES | 2ND QUARTER 2023
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2ND QUARTER 2023 | CENTRAL FLORIDA TIMES 23 PACWEST.COM/HOA We are proud to support The CAI Central Florida Chapter Pacific Western Bank is a banking partner of choice in the community management industry. Our extensive experience, industry-specific platform and in-depth understanding of your unique banking requirements allow us to deliver financial solutions to meet your needs today and into the future. Call us today to simplify your banking with a one-stop portal solution. Let’s Connect. Michael McCaffrey | VP, Regional Account Executive I HOA Services 813.753.4555 | mmccaffrey@pacwest.com

Save Lives With These Summer Swimming Safety Tips

The summer swimming season is in full force and Associa, the community management industry’s largest company, urges homeowners, boards of directors, and community staff to do their part in helping reduce accidental drownings. The Centers for Disease Control and Prevention (CDC) estimates that 4,000 people die each year due to unintentional drowning. In addition, there are 8,000 non-fatal drownings in which the individual survives but often suffers permanent injury such as brain damage or long-term disability.

In the United States, drowning is a leading cause of death for children. Children ages 1–4 have the highest rates, with most drownings occurring in swimming pools. Many drownings occur when children are not expected to be near water, such as when they gain unsupervised access to pools. Fatal drowning is the second leading cause of unintentional injury death for children 5-14, behind motor vehicle crashes. Some factors that contribute to drowning deaths include an inability to swim, missing or ineffective fences around pool areas, and a lack of close supervision.

Here are a few tips to reduce the risk of drowning in your community pool or spa and help ensure a safe, happy summer for everyone.

» Ensure that pool enclosures are complete and undamaged. Check that all gates are self-closing and self-latching and that they are in good condition.

» Remove all toys from the pool area that might attract children when it is not in use.

» Hold basic swimming and water safety lessons for residents.

» Offer CPR lessons to residents. What they learn could save someone’s life in the time it takes for paramedics to arrive.

» Stress to residents that children must be closely supervised at all times and never left unattended.

» Life jackets should be used by children and weaker swimmers of all ages. Do not rely solely on air-filled or foam toys, as these are not safety devices.

» Ensure that all pool and spa drain covers are in place, undamaged, and compliant with safety regulations.

“Summer is, and should be, a fun experience for the residents we manage,” said Andrew Fortin, Associa senior vice president of external affairs. “Our primary objective is to maximize comfort and create safety awareness within the communities we manage, so that homeowners and their families enjoy the highest possible quality of life. Providing these basic water safety tips is another opportunity for us to create an environment that helps them build a lifetime of memories.”

With more than 225 branch offices across North America, Associa is building the future of community for nearly five million residents worldwide. Our 11,000+ team members lead the industry with unrivaled education, expertise, and trailblazing innovation. For more than 43 years, Associa has brought positive impact and meaningful value to communities. To learn more, visit www.associaonline.com.

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SAFETY

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C M Y CM MY CY CMY K Enviro Ad-half page.pdf 1 3/12/2020 12:22:01 PM

A Quick Guide to Depositions

Whether you are a property manager, board member, or homeowner, the likelihood of being involved in litigation is ever-increasing. The COVID-19 pandemic has brought a wave of litigation throughout the country, with homeowners’ association related issues being a hotbed. One inherent aspect of that litigation involves the litigants taking depositions.

A deposition serves as a tool for the parties of a lawsuit to take the sworn statements of persons with information relevant to the suit. These serve as the basis of evidence and fact for any given case. For example, in a construction defect case by the Association against a developer, board members can expect to be deposed by the developer’s counsel, along with any other defendant parties to the lawsuit. However, for as much as they are useful to litigation, they can be equally stressful for deponents. To help reduce the stress and anxiety associated with depositions, allow this to serve as a guide for what to expect.

IT’S NOT LIKE THE MOVIES (TYPICALLY)

As portrayed in movies, depositions appear highly contentious, full of surprises, and emotionally charged. While that can certainly happen, it is an exception rather than the rule. Parties attending the deposition are typically Plaintiff’s attorneys, Defendant’s attorneys, and the court reporter. Plaintiff’s counsel and Defendant’s counsel usually have exchanged all of the information they have, which means surprises are unlikely. Moreover, the objections in depositions are limited to “form” objections as opposed to speaking objections. That means if counsel has an objection to a question being asked, they are supposed to simply state that they have a form objection for the record. So, you are unlikely to hear words like “hearsay” or “speculative” during a deposition objection.

YES, YOU HAVE TO ANSWER THE QUESTION

The scope of depositions can be incredibly broad, sometimes eliciting information that seems borderline irrelevant. Unfortunately, if you

are asked a question during a deposition, you are obligated to answer, unless counsel instructs you not to. Remember, you are under oath! Think carefully about your answer and take time to formulate a response, but you must be truthful. I often ask my clients to take ten seconds before they answer a question. That not only gives me time to object if necessary, but also forces the deponent to slow down and think before answering.

SHOW UP TO THE DEPOSITION

All too often, folks fail to show up for their depositions. Perhaps out of anxiety or a belief that they do not know enough about the subject matter to offer any testimony. Regardless of the reason, failure to show up for a deposition could result in sanctions as severe as being held in contempt of court.

RIGHT TO COUNSEL

You are entitled to counsel. Even if you are not a party to the lawsuit, you are entitled to have your own counsel present. Depending on the subject matter of your testimony, obtaining counsel may very well be worth the expense.

Kaylin Martinelli is an attorney in Becker’s Construction Law & Litigation Practice with a focus in construction defect litigation. With a broad background in insurance defense, Ms. Martinelli understands how insurance companies handle and defend against construction defect claims. Ms. Martinelli has extensive experience conducting necessary discovery including taking depositions, attending inspections, and drafting discovery documents. With this experience, she is equipped to represent our clients through all aspects of litigation. For more information, visit beckerlawyers.com.

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LEGAL
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Dues, Special Assessments, and Reserves – What’s The Deal?

As you know, dues and special assessments come with the territory of residing in any type of community association. Understandably, it can be confusing for boards and residents to navigate exactly what both of these payments are used for, when they should be used, and how they affect the association as a whole.

Dues are a given when it comes to living in a community association and are paid monthly by each occupied unit. A percentage of dues will generally be deposited into a reserve fund, which is essentially a long-term savings account for community upkeep of reserve components, or components that have longer-term maintenance or replacement needs. When the time comes for the maintenance or replacement of association-maintained components including anything from roofing and heating systems to amenities like clubhouses or pools, the money is already available if the association has followed a professionally developed reserve study funding plan. The other portion of dues is allocated to the general operating budget for non-reserve component expenses, such as landscaping, staffing and management, trash removal, insurance premiums, and more. However, if these dues are not properly handled and utilized, associations run the risk of special assessments being necessitated.

Now, what exactly are special assessments? Special assessments are generally implemented when unexpected costs arise that monthly dues and the current reserve fund cannot cover. Since special assessments are utilized when unexpected circumstances arise, there is no way to know how much the assessment will be, or when residents will be required to pay them. These assessments will also vary based on the cost of the project and how many residents the cost will be divided by – a $50K emergency roof replacement will cost each resident more in a 50-unit association than in a 100-unit association.

Many times, special assessments are used in cases of emergencies, natural disasters, or other unexpected events that could not have been financially planned for. In this case, while the assessment will most likely still take a toll on residents, it’s often an understandable and necessary step to take. In more unfortunate circumstances, associations may implement special assessments if there has been a mismanagement of reserve funds, resulting in the inability to afford large-scale maintenance or replacements that are critical for building safety or community operation in the near term. Depending

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RESERVES
2ND QUARTER 2023 | CENTRAL FLORIDA TIMES 29 Assessing community priorities is complicated. NO NEED TO GO IT ALONE Our easy to understand reserve studies help your board make smarter, more confident decisions that support your community’s financial health. NOW OFFERING STRUCTURAL INTEGRITY RESERVE STUDIES For your reserve study proposal, contact us at (800) 980-9881 or visit reserveadvisors.com.

RESERVES

not a sound way to generate revenue and manage funds, and is more of an idealized plan than one that will be effective in the long term.

So, what’s the bottom line? Associations must be diligent in following a sound financial plan, which all boils down to their reserve funding strategy and ensuring adequate funds. Because of the complicated nature of maintaining a community both physically and financially, and the consequences that stem from deferring maintenance or reserve funding, the benefits of reserve studies are indisputable. Associations must develop multi-year plans that help them understand their long-term budget needs and, at the same time, anticipate and responsibly prepare for the timely repair and replacement of common area components. When these plans are followed, the risk or need for raised dues or special assessments is significantly lowered.

on the situation, boards may decide to either require the assessment to be paid in a lump sum, or in smaller installments that are added to monthly dues.

Because dues and special assessments vary widely between associations, it is not uncommon for residents to look into what other communities in the surrounding areas are charging. In many cases, residents are curious as to how the property value of their unit or home compares to those in similar associations, seeing as some lenders take into account monthly dues, special assessments, and the association’s current reserve fund balance when determining if a buyer can afford the unit.

Suppose special assessments are common and/or historically expensive, or a buyer is aware that the community is severely underfunded. This may take away from the appeal of buying into that association, and, depending on a buyer’s financial situation, lenders may reject a loan altogether. This puts sellers in an unfair bind while also making the association a less desirable community to reside in. In some cases, residents may actually request that special assessments be imposed as a way to keep dues lower and in turn seemingly raise property values, citing that a one-and-done assessment payment is worth the outcome of lower dues. However, this practice would not be recommended by most experts, as it is

In most cases, these tasks are not able to be accurately achieved without professional guidance. Reserve studies lay out a comprehensive, 30-year plan that does just that. Acting primarily as a capital planning tool, reserve studies allow associations to gain an understanding of both their current and ideal future reserve fund needs. Along with the physical inspection, reserve study professionals dive into the current financial status of your association’s reserve funds, and using the data collected during the physical inspection, determine how the association should go about funding reserves and projects in the future. Again, this helps associations to avoid special assessments, keeping residents happy and the community running fairly and smoothly.

We know that emergencies and circumstances arise that are out of an association’s control, and sometimes raised dues or special assessments are the only option to keep a community running, or more importantly, structurally safe. However, the goal of any board should be to have adequate reserve funds on hand as the first line of defense.

If you have questions about reserve funding or are interested in what a reserve study could do for your community’s future, please do not hesitate to reach out!

Nick Brenneman is a Regional Account Manager at Reserve Advisors. He received his Bachelor of Business Administration degree from the University of Wisconsin – Milwaukee prior to joining Reserve Advisors in 2010. As a Regional Account Manager, Nick works closely with property managers and community association boards to provide industry leading reserve study solutions that help guide community associations in fulfilling their fiduciary responsibilities for the maintenance, operation and longevity of their properties. For more information, visit reserveadvisors.com.

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2ND QUARTER 2023 | CENTRAL FLORIDA TIMES 31 Creating complete customized insurance programs for community associations. www.assuredpartners.com NEGAR SHARIFI Senior Vice President P: (407) 440-0928 negar.sharifi@assuredpartners.com PHIL MASI Senior Vice President P: (407) 278-1627 phil.masi@assuredpartners.com

Lake Fountains Promote Clean Water

One of a community association’s biggest priorities is aesthetic appeal. Aesthetically pleasing elements around a community can help retain homeowners and make it more desirable to potential residents, boost property values, strengthen its reputation, and inspire confidence in property managers. But it can be challenging to sustain superior aesthetics without nonstop maintenance.

Floating fountains are an excellent, cost-effective tool that can provide long lasting aesthetic benefits without the burden of constant maintenance. Better yet, fountains have many functional advantages to steadily support the health and beauty of aquatic ecosystems.

Like a star on a Christmas tree or a vase of flowers on a table, fountains are often used as a finishing touch on lakes and ponds. Property managers can choose from dozens of options to fit the unique aesthetic needs of their communities – from large, magnificent systems that propel intricate water patterns into the air, to delicate fountains with graceful silhouettes. They can stand alone as a spectacular focal point or be grouped together for eyecatching shape and movement. Fountains can also be outfitted with captivating lighting elements to reflect brand colors, holidays,

and themed events, or simply for continued enjoyment after the sun has set.

But many property managers don’t know that their benefits are twofold. Floating fountains are not only capable of transforming the beauty of a waterbody, they also help reinforce healthy, balanced water quality conditions.

This is accomplished in two ways. First, fountains increase dissolved oxygen (DO) levels in the waterbody. The turbulence of water falling across the lake or pond increases the transfer of oxygen at the surface. Second, fountains help circulate the water, spreading vital DO throughout the water column.

DO is an important indicator of a healthy waterbody, and one of the first components aquatic experts measure during lake and pond evaluations. Fish, native plants, and beneficial bacteria and organisms that serve as the base of the food chain all require DO to survive. Balanced DO levels help support healthy, flourishing ecosystems that, in turn, enhance the surrounding community.

Continued on page 34

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LAKE & POND

SAY

TO ALGAE AND WEEDS WITH PROACTIVE LAKE MANAGEMENT

No one wants to see unsightly algae and weeds covering their lake. Proactive and all-natural lake management solutions can help you get ahead of potential water quality issues, while reducing your environmental footprint. Avoid the frustrations of reactive management so your community can enjoy a beautiful lake year-round.

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DO is also essential for the natural “digestion” of bottom muck, animal waste, and other organic matter containing high concentrations of nutrients. When nutrient levels pass a desirable threshold, aquatic weeds, algae, and toxic cyanobacteria (also known as blue-green algae) are more likely to develop – leading to frustrated residents and ongoing complaints to property managers. Once weeds and algae become established in a waterbody, they may trigger other problems like dangerous shoreline erosion, fish kills, stormwater damage, and flooding.

Fountains are incredible tools, but sometimes communities are more interested in the functional benefits than aesthetics. In these cases, professionals may recommend a surface aerator. Like a traditional fountain, surface aerators float on the waterbody, but are designed to churn water at a higher flow, injecting up to 3 pounds of oxygen per horsepower per hour into the water.

It’s important to note that fountains and surface aerators are most effective in waterbodies less than 6 feet deep. That’s why professionals recommend pairing lake fountains with a submersed aerator, which pumps surface air through a diffuser placed on the bottom of the waterbody. As the bubbles rise, they further oxygenate and circulate the water column.

Though fountains and aerators are considered low-maintenance, annual upkeep will help prolong equipment performance for as long as possible. As part of an annual management program, aquatic experts make the process easy. Approximately once a month, your professional will check the system, removing any debris that may have accumulated and closely examining for any signs of wear.

One to two times per year, your professional may remove the fountain to perform a more comprehensive inspection of the motor and wiring. If freezing is particularly severe in the region, they may also prepare it for winterization. This involves draining the equipment, removing accessories like lights and nozzles, disconnecting wiring, and wrapping it in a protective cover for winter storage. Every three to four years, your professional will also perform an oils and seals change, which involves replacing components that help the system run smoothly and prevent water from leaking into the power unit.

Fountains provide unparalleled benefits, both aesthetic and functional, but they are just one piece of a comprehensive annual management program. Aquatic experts tailor these programs to the unique environmental demands of your waterbody, incorporating many tools and solutions as needed. These include water quality testing, nutrient mitigation, shoreline restoration, buffer management, weeds and algae treatments, mechanical hydroraking, and other impactful services.

Maintaining an aesthetically pleasing community is more challenging than it looks. Property managers know that premium aesthetics often require significant upkeep, time, and expenses. Floating fountains can make a big splash in any community while working overtime to support the health of the aquatic ecosystem and the well-being of residents.

SOLitude Lake Management is a leading environmental firm dedicated to the sustainable management of lakes, ponds, wetlands, and fisheries. Learn more about this topic at www.solitudelakemanagement.com/knowledge.

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LAKE & POND
Submersed Aerator Surface Aerator
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Fiber Infrastructure is Boosting the Value of Homes on the Market

The pandemic blurred the boundaries between work, school, and home. In the past, everyone got up, got dressed and ‘went’ to work or school. What once was a spare once or sparsely used den is now expected to be a fully functioning workspace. The role a home network plays has significantly changed, and reliable broadband has become a must to support education, work and leisure needs. Fiber optic internet service clearly helps enable this new normal; however, the U.S. has not been able to keep up with demand. This has made fiber infrastructure an incredibly desirable amenity for neighborhoods and homes throughout the country. Real estate prices are often a telling reflection of what Americans want in their everyday lives. The fact that home prices are higher in areas that have good schools probably comes as no surprise.

What may be a surprise is that from a real estate perspective, the cost of homes with fiber internet present is on average 3-5% higher than homes without fiber broadband services available. The median home in Florida is valued at over $400,000 – this means that a home with fiber available will sell for $12,000 - $20,000 more than one

without fiber. This is equivalent to adding a new patio, bathroom, or a third of a swimming pool to the home!

That makes access to fiber internet quite valuable. A fiber internet company building infrastructure in your neighborhood could not only improve the experience for residents using these services, but also increase the overall property value, and help make it more desirable on the market.

Blue Stream Fiber works with board members and property managers to bring world-class fiber-to-the-home solutions to their community. To learn more about Blue Stream Fiber, our fiber infrastructure, and whether your community qualifies to have fiber built at our cost, please reach out to 888960-BULK or visit www.bluestreamfiber.com/bulk.

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FIBER
2ND QUARTER 2023 | CENTRAL FLORIDA TIMES 37 Serve up savings for your community A better internet experience for where you live starts here. Scan, click or call today! BLUESTREAMFIBER.COM/BULK CALL 888-960-BULK Save up to 50% on internet services

Stop Chinch Bugs in Their Tracks

These tiny insects can pack a mighty punch to your lawn, quickly transforming it from lush to languishing. It’s very likely you’ve even seen a chinch bug infested lawn before but didn’t know it. That’s because chinch bug damage closely mimics and is often mistaken for drought issues.

WHAT ARE CHINCH BUGS

Measuring approximately 1/5” long, chinch bugs have black bodies and white wings marked by a black triangle. Some have the ability to fly, but all have piercing mouth parts allowing them to not only suck sap, but also inject a toxin into the grass causing it to turn yellow and eventually die.

WHERE TO FIND CHINCH BUGS

Mostly a nuisance to Florida, however they can be found ruining lawns from Texas to North Carolina. Chinch bugs are especially fond of St. Augustine, but have also been known to nosh on zoysiagrass, centipedegrass, bahiagrass, and bermudagrass. The thicker the turf, the more attractive they find it.

HOW TO SPOT CHINCH BUG DAMAGE

Look for wilting grass blades, yellow-brown spots, and dried , dead areas. Spots along sidewalks and curbs, or portions of the turf that have poor irrigation coverage are where you’re mostly likely to see chinch bug damage first.

GETTING RID OF CHINCH BUGS

Without treatment, infestations can result in significant turf loss and the need to install sod in damaged areas. But, with good irrigation management and preventative applications of systemic insecticides in late spring, you won’t have to worry about the chinch bug sucking the life out of your lawn

38 CENTRAL FLORIDA TIMES | 2ND QUARTER 2023 INSECTS
Those yellow spots could be more than just dry grass.
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Set Your HOA Up for Success with a Strategic Plan for Reserve Funds

Homeowners associations (HOAs) should offer peace of mind to residents: the assurance that the property receives regular maintenance and upkeep without the stress of unexpected costs. Basically, physical assets not affiliated with an individual unit or home undergo repair and replacement in a timely manner.

However, this does not happen without HOAs properly monitoring and updating reserve fund strategies, and this often requires difficult conversations with homeowners about the reserve requirement and special assessment costs to help them understand the financial obligations. As amended legislation requires condominium associations in Florida to sufficiently budget for reserves for capital expenditures and deferred maintenance in addition to operating expenses, it’s a crucial moment to communicate early and often with members, and develop a strategic financial plan that will guide your association forward.

Simultaneously, HOAs are dealing with the fallout of inflation and a recession, while trying to responsibly explore investment options that remain safe while providing an opportunity for high-yield returns.

How should your HOA determine reserve fund targets?

In an optimal scenario, HOAs typically allocate 15-40% toward the reserve budget, which will consist of liquid assets used to meet future financial obligations — both expected and unexpected. Creating partnerships with outside experts can help you to maintain and grow these funds.

Without reserves to cover the expenses of a major repair or replacement, a special assessment could subject all HOA individual members to contribute a proportionate share of the project cost — putting everyone on the hook. Understanding these risks helps validate the need to have a plan in place to properly allocate the fees.

Most states have legislation related to reserve funding or reserve fund disclosures, and Florida is among those states that legally require reserve studies. The amount to be reserved for a repair — from roofing to pavement to other replacements with a cost of $10,000 or more — will be determined by the association’s most recent structural integrity reserve study completed before December

40 CENTRAL FLORIDA TIMES | 2ND QUARTER 2023 RESERVE FUNDS
Continued on page 42

“I

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31, 2024. In addition, the HOA board is always responsible for protecting property values by meeting the financial needs of the properties.

The Community Associations Institute (CAI) closely worked with a number of reserve study professionals to define reserve adequacy and make it part of their National Reserve Study Standards. The definition contains two parts:

» Having enough cash to complete projects on time.

» Not relying on outside funding sources like loans or special assessments.

A current, up-to-date reserve study determines adequacy and contains a funding plan designed to avoid having to go to members for additional costs outside the regular fees. This study also provides boards with reliable numbers to work with in attempting to fund reserves at the same pace as the property’s deterioration and in time for repair or replacement costs.

Ideally, a 100% funded reserve would theoretically cover all anticipated costs from the study. Historically, however, many HOAs are underfunded, leading to the need to suddenly increase association dues or seek inefficient outside funding solutions when unexpected costs arise. At a minimum, HOAs should try to overcome such issues and provide a 70% funded reserve.

With a rising rate environment, HOAs are seeking the best return on their reserve funds, while also staying mindful of the risk of some of the investment options.

This becomes more important due to the current effects of inflation, which have drastically and rapidly changed reserve funding forecasts due to rising operating expenses related to labor, raw materials and other supplies.

Cash flow matters, and a strategy designed to ensure an HOA can survive a crisis and even thrive must now be considered a requirement and not a luxury.

A strong financial services partner should be helping create a plan to invest for growth and explore options to maximize every dollar. Building a strong relationship with a financial services professional can help you navigate not only the planning, but also the execution that leads to better and more productive communication with members.

With these goals in mind, HOAs shouldn’t fall for rate-driven vendor relationships. Instead, a partner truly invested in responsive, dayto-day service and proactivity can help you manage the changing financial needs for operating and reserve funds, along with considerations of the larger economic environment.

In fact, smaller reserve funds can still be adequate when matched with an aggressive plan because the amount of cash required remains relative and depends on the common areas the association is responsible to maintain. For example, an HOA with many common area amenities, such as a clubhouse, gym, pool, water park or athletic facilities, needs to have a higher balance, but more simple layouts require much less cash on hand.

Ratios can be an insightful and meaningful measure, rather than just a bottom-line figure.

The wellbeing of your HOA may depend on whether or not you have a plan in place before an urgent need hits. Professionals dedicated to understanding the full scope of a specific HOA’s needs — from operational costs like maintenance of shared spaces, security, janitorial services, legal and office expenses, and insurance premiums; to reserve considerations like structure repair and parking lot improvements — can help you to be prepared no matter the economic climate.

Ample preparedness allows your board to instill confidence that the organization is doing everything it can to avoid emergency funding scenarios. Honesty and transparency help to avoid uncomfortable conversations and show a true investment in your HOA’s finances and future. Visit www.enterprisebank.com for more information.

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The Must-Knows of Electronic Voting for Florida Condominiums and HOAs

Fall is officially here, meaning it’s time for many Condominiums and HOAs across the state of Florida to begin preparing for their Annual Meeting. And while many of us associate Annual Meetings with long-drawn-out in-person meetings and the tedious, error-prone tasks such as filling out paper ballots, many boards and Property Managers have begun searching for ways to improve how these meetings and related processes are executed for the benefit of all those involved.

As a result, many communities across the state have embraced technology such as electronic voting to help reduce cost, increase participation, enhance security, and run more efficient and effective Annual and other governance meetings over the past few years.

With that said, if you’re like the growing number of communities utilizing electronic voting, here are some must-knows before introducing electronic voting at your community’s next Annual Meeting.

IT ALL STARTS WITH COLLECTING CONSENT

Collecting owner consent to electronic voting and consent to receive electronic notice of meeting communications is the first and arguably the most important step in your community’s journey to adopting electronic voting. State legislation requires communities throughout Florida to collect consent from owners who wish to receive electronic notice of meeting communications and vote electronically, making it a mandatory step for any community that wishes to distribute and collect electronic ballots at their Annual Meeting.

And while the process of collecting consent from owners may appear fairly straightforward, unfortunately, this is often not the case. Most Property Managers and board members would quickly agree that collecting information from their ownership group can be a pretty daunting task, especially in communities that exceed a few dozen

Continued on page 46

44 CENTRAL FLORIDA TIMES | 2ND QUARTER 2023 ELECTRONIC VOTING

Governance Meetings Made Simple

2ND QUARTER 2023 | CENTRAL FLORIDA TIMES 45
Achieve quorum, pass bylaws, and reduce cost with the all-in-one virtual meeting and electronic voting solution that makes Annual and Governance Meetings a breeze. www.getquorum.com 1-877-353-9450 contact@getquorum.com Update today: ONLINE at www.caionline.org EMAIL addresschanges@caionline.org MAIL to CAI, P.O. Box 34793, Alexandria, VA 22334-0793 Have your community association board members changed since last year? Be sure to update your board’s member names, titles (President, Vice President, Treasurer, Secretary, and Board Member), and contact information to ensure your board members receive all the latest CAI member benefits!

ELECTRONIC VOTING

units. Therefore, in order to streamline the process and ensure maximum participation, we recommend that any community that would like the majority of their owners to transition to electronic voting should always choose an electronic voting solution that provides their owners with a simple, convenient way to consent to receive electronic notice.

WE CAN’T FORGET ABOUT DISTRIBUTING NOTICE AND OTHER MEETING MATERIALS

After collecting consent, it’s time to distribute the notice of meeting, advance ballots and other meeting materials. An essential step in any Annual Meeting; it can, unfortunately, be a rather costly process when done through old-fashion printing and mailing.

This is why many Florida communities that have transitioned to electronic voting have adopted a solution that seamlessly distributes meeting notices and other materials electronically. By selecting a solution such as GetQuorum’s, management can distribute these pre-meeting items electronically to owners who have consented to electronic notices, saving them time and significantly reducing the overall cost of running an Annual Meeting.

VOTER SECURITY SHOULD BE A TOP PRIORITY

Any experienced Property Manager knows that keeping voter data secure and anonymous must be a top priority. Not only can failing

to keep voter data secure break the trust between management and the ownership group, but it can also have a catastrophic impact on the legitimacy of your elections and corresponding results that can significantly impact the operations of the community.

This emphasis on voter security and ballot secrecy has significantly contributed to why many communities across Florida have transitioned to electronic voting over the past few years. Unlike paper-based voting, many electronic voting platforms are equipped with several sophisticated security features to ensure voter data is secure and auditable. From unique access links to data encryption, choosing a voting platform with advanced security features is integral to preventing any potential result tampering and provides voters with a level of security that paper-based voting processes cannot match.

NOT ALL VOTING PLATFORMS ARE CREATED EQUAL

As we know, many Florida Condominiums and HOAs have unique voting requirements that must be accounted for during their Annual Meetings. From needing to account for advanced ballots submitted by owners ahead of the meeting to voter eligibility that varies from owner to owner, accounting for these unique factors is integral to ensuring accurate voting results and adds complexity to the ballot tabulation process.

This is why selecting an electronic voting platform, like the one provided by GetQuorum, that can accommodate the dynamic nature, and unique voting requirements of most community elections is integral to the success of your meeting. Without a capable solution, accounting for these requirements to ensure the accuracy of voting results is a daunting, time-consuming task that is prone to errors and, if done incorrectly, can have a catastrophic impact on your community.

All to say, it’s easy to understand why a growing number of communities across Florida are looking to adopt electronic voting for their next Annual Meeting. And with the right solution and proper planning, I can confidently say that introducing electronic voting at your next meeting should be a straightforward and rewarding experience.

Mark DiPinto is the Marketing Manager at GetQuorum, an industryleading provider of virtual meeting, electronic proxy, voting, and notice distribution services. Through his experience, Mark has acquired an in-depth understanding of the challenges communities face in regard to governance and how integral leveraging the right technology is to the success of owner meetings and condominium governance.

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Prioritizing Mental Health

These past several years have been indescribably stressful for everyone. Economic concerns after a year’s long pandemic, lack of socialization, mask-wearing, and general fear and anxiety have only increased the slow erosion of kindness and empathy we have seen devolve over the past few years.

In our business, verbal and written abuse have reached new, unacceptable levels, and basic respect and common courtesy are no longer so common. We are told not to take the job personally, but it is personal. It’s our livelihood. It’s our reputation. It’s our name. It is very hard to not take insults and rudeness personally. Our health takes a toll.

One time I lost 20 pounds in less than six months due to the stress of a position, and I have seen and experienced other managers suffering other stress-induced health issues. I believe it’s time for some important behavioral changes in the industry.

We need a significant focus and shift to ensure community managers are treated with respect and courtesy. It all starts with setting reasonable boundaries for your mental and physical health. If more

of us do that, we can start a movement and create real industry change for the next generation of community managers.

Here are a few boundaries to establish to maintain a healthy work-life balance:

1. ESTABLISH AN APPOINTMENT-ONLY POLICY

Many times, residents will stop in the office and demand to see the manager. They wouldn’t do this to their cardiologist or attorney. Yet, with us, they have no hesitation. Establish the fact that you are a professional and require appointments. If your board opposes this concept, you can offer a schedule of “open-door” hours where walkin traffic can access you freely.

2. ESTABLISH A WEEKLY UPDATE MEETING

Oftentimes, we spend hours meeting with every director. They pop into the office for just a couple questions, and our morning is blown. This repeats itself with each director. The bigger the board, the more our week can get blown away bit by bit. However, we can

Continued on page 50

48 CENTRAL FLORIDA TIMES | 2ND QUARTER 2023 MENTAL HEALTH
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MENTAL HEALTH

take control by scheduling a recurring weekly meeting with board members to give updates on pending projects and priorities for the week. This is not considered an official meeting. Ideal participants are the president and the treasurer.

3. SCHEDULE AS MANY BOARD MEETINGS AND COMMITTEE MEETINGS AS POSSIBLE DURING BUSINESS HOURS

This may be a challenge for board members who have full-time Jobs. However, when you serve on the board for a professional nonprofit organization like the United Way or Red Cross, your meetings are not at 7 p.m., and certainly are not on the weekends.

4. WHEN YOU LEAVE THE OFFICE, LEAVE THE OFFICE

Establish the understanding with your boards that while you are available for an emergency, you are not available for everything that strikes their fancy to talk to you about after hours. If you respond to a non emergency email after hours, you are effectively training your board to believe you will respond, and they will have an expectation as such.

5. MANAGE YOUR EMAIL

An organized email inbox is imperative to your success. In today’s technological age, some things can be a quick phone call, text, or Microsoft Teams message. This helps to avoid bogging down

everyone’s emails for a quick conversation and avoids frustration and unnecessary delays when waiting for a response on something relatively easy.

6. MANAGE YOUR TIME

EFFECTIVELY

Time block for big projects. Blocking time out to accomplish projects allows you to be focused on the actual task and project without feeling the need to multitask.

7. PRIORITIZE YOUR PERSONAL EVENTS

Make sure your personal schedule is a priority and is on your professional calendar. This way you won’t double book yourself and miss important personal events.

Let’s not just talk about change, let’s go make it happen.

Leslie Alvarez, CMCA, AMS, LSM, PCAM is the manager of St. Andrews Country Club POA in Boca Raton, Florida and also provides consulting & education services to community association boards and managers through her company Community Association Consulting Experts. To learn more, email Leslie at LeslieAAlvarez@hotmai.com

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The Benefits of Membership

Community Managers | Management Company Executives | Homeowner Leaders | Business Partners

As a CAI member, you’ll unlock access to exclusive benefits— resources and services designed to help you and your communities thrive. You’ll also be able to enroll in career-enhancing CAI education and connect with nearby CAI members through your local chapter, where you can network and learn with peers and meet potential new clients.

YOUR MEMBERSHIP BENEFITS INCLUDE:

❚ Automatic membership in your local CAI chapter

❚ Members-only, how-to resources at www.caionline.org

❚ Exchange, CAI’s online members-only forum to ask questions, get answers, and share your expertise

❚ Legislative, regulatory, and media advocacy at national and local levels

❚ Free subscription to Common Ground, ™ CAI’s bimonthly, award-winning magazine

❚ E-newsletters, including the personalized CAI@Home with content tailored to your preferences

❚ Member rates for CAI education courses and certification opportunities

❚ 40% off for members on all books and merchandise from CAI Press

❚ Member discount programs on D&O insurance, energy solutions, and rental car service

❚ Member registration rates for national and chapter events

❚ CAI Job Market, the industry’s leading online recruitment service

❚ Free listing on CAI’s online Professional Services Directory

❚ The Directory of Credentialed Professionals, CAI’s online database of trusted companies and individuals who have earned industry designations and certifications

Follow Community Associations Institute

(888) 224-4321

www.caionline.org

52 CENTRAL FLORIDA TIMES | 2ND QUARTER 2023 JULY AUGUST caionline.org Ready.Set. Summer! » Swing,splash,safety:Yourguide toplaygroundsandpools 20 » Waterdown:Committing to conservation p.26 CHALLENGEMAINTENANCE RESPONSIBILITYRADIOACTIVE A NEW FOR HISTORIC COMMUNITY32 2018 caionline.org Smoke Out Condominium associations across the country are declaring their buildings— even inside individual units— smoke free. Here’s how. bottom line SHORT TIMERS Are you prepared for influx transient tenants? THE BUCK STOPS HERE Protect your community from embezzlement in steps WATCH WHAT YOU the First Amendment applies in your association
@CAIsocial CAI’sMagazine CommunityAssociationLeaders SEPTEMBER OCTOBER caionline.org Oneyearlater,communities arestillrecoveringfrom2017’s naturaldisasters: » Californiawildfires 21 » Hurricane Irma 26 » HurricaneHarvey P.33 BOARD EDUCATION: Should training be mandatory? p. 39 MILLENNIAL MESSAGE: Connecting with the newest homebuyers p. 45 STRONG RESPONSE DIGITAL MAGAZINE UPGRADE pgs.

The Benefits of Membership cont’d.

CAI FOR YOU

CAI is the foremost authority in community association management, governance, education, and advocacy for the 345,000 homeowners associations, condominiums, and co-ops in the United States and millions of communities worldwide.

As a member of CAI, you are part of a global network of nearly 40,000 community managers, management company executives, homeowner leaders, and business partners.

Community Managers

Elevate your career and increase your salary with tailor-made education and credentials that give you a competitive edge in the growing community association business.

Management Company Executives

Communities count on you for professional management and guidance. CAI membership helps your company boost credibility and increase exposure to potential clients.

Homeowner Leaders

CAI provides resources and support to save your association time and money, and education to lead your community successfully.

Business Partners

Membership conveys your commitment to the community association industry and the potential for expanding your client base!

MAKE THE MOST OF YOUR MEMBERSHIP

Visit www.caionline.org regularly for the latest CAI happenings and information.

Log in to the CAI website and your profile to ensure all contact information is current so you don’t miss out on CAI news, emails, and other important updates.

Get involved with your local chapter—attend an education or networking event and maybe even join a committee!

www.caionline.org

(888) 224-4321
Follow Community Associations Institute @CAIsocial
Questions? Email the Customer Service Center at cai-info@caionline.org or call toll free at (888) 224-4321 (M–F, 9 a.m.–6 p.m. ET). 2ND QUARTER 2023 | CENTRAL FLORIDA TIMES 53
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