FLCAJ — January 2025

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January Contents VOLUME 39 NUMBER 1 2025

8

38 78

FEATURES

IN EVERY ISSUE

8 FLCAJ 2024–2025 Salary and Information Survey 6 Journal Notes Strategic Planning: Building a Future for Your 12 HOA Community 54 FCAP Community 18 Managers and Associations—Improving the Financial Picture 82 CAM Matters—Betsy Barbieux Cost-of-Living Increases and the Impact on

22 Security Guard Pricing

85 Readers' Choice Spotlight

Financial, Legal, and Management Directory Ways to Boost HOA Revenue Without Increasing 88 28 Five Homeowner Fees 93 Products and Services Directory 32 Managing Financial Challenges—Cost-ofLiving Increases

96 Display Advertisers’ Index Act: The Essential Role of Reserve Studies, 38 Balancing Lending, and Insurance in Florida Condominiums 44

Board Members Benefit from More Extensive Certification Requirements

LEGAL CORNER

Association Roundup 60 Rembaum's The Obligation to Maintain Official Records the Challenge: How Florida Condominiums 50 Facing Can Tackle Escalating Fees and Reserve Requirements 70 Budgeting Challenges 74 The Florida Legislative Process 78 Hot Off the Presses!

FOLLOW US

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Journal Notes Welcome to 2025! January 20th is

Inauguration Day for the 47th President of the United States. Besides praying for a peaceful transition of power, we

wonder what domestic policies a new administration will pass that will have an

impact on our community association

living for better or worse. The next few years will provide us with these answers.

On page 8 the Salary & Information

Survey provides information to review and analyze as reported by survey

respondents in 2024. This is one tool that can be used to determine what

salary and other benefits to provide for

those who make your community a place you enjoy living in. Some good

news for 2025 is that of those who completed the survey, manager salaries came in at a statewide average of $82,444 with an average salary bonus of $4,173. Many

hourly employees, from front desk staff to head of maintenance and security personnel, also saw increases in their hourly wages.

The articles throughout this issue are primarily concerned with planning well for

the future and responding well to financial challenges facing many community associations as we turn the page to 2025. As good as the news of rising wages is, as previously mentioned, it is also a reality that the cost of living has greatly

increased. Planning for the future includes strategic planning, identifying ways to

reduce security expenses without compromising safety, boosting community revenues, managing cost of living increases in laundry room facilities, implementing

proactive risk management strategies with proper reserve funding, and facing the many challenges of escalating fees and reserve requirements.

On page 44 community association manager Oscar Borras helps board

members face these challenges by encouraging them to pursue a sound educational foundation by pursuing with gusto the many changes now required by law to the board certification process.

Finally, on page 74 Ansbacher Law shares how the legislative process works.

In 2025 the regular session convenes on March 4 and ends on May 2. There will be

new legislation passed during this session that will add new laws and challenges in

2025 and beyond, but with good guidance like you can find in these pages, your community will be able to face the future with a solid financial plan and optimism.

FLCAJ wishes you a Happy New Year and a great 2025!

Editor

Publishers Richard Johns Dana Johns Editor Michael Hamline Art Director Nick Walker Advertising Sales Phone: (800) 425-1314 Email: info@fcapgroup.com Circulation/Accounting Tammy Hanner Phone: (800) 443-3433 Fax: (501) 280-9233 Editorial Phone: (800) 443-3433 Fax: (501) 280-9233 FCAP Coordinator Dana Johns Phone: (800) 443-3433 Email: djohns@fcapgroup.com Florida Community Association Journal is published monthly by True Source Publishing LLC 1000 Nix Road Little Rock, AR 72211-3235 Email: info@fcapgroup.com Website: FCAPgroup.com Copyrighted by Florida Community Association Journal. Reproductions of any part of this publication without written permission of the publisher are prohibited.

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Postmaster Send address changes to: Florida Community Association Journal 1000 Nix Road Little Rock, AR 72211-3235 or email info@fcapgroup.com

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FLCAJ 2024–2025 Salary and Information Survey

F

lorida Community Association Journal has been privileged for more than 35 years to present the annual Salary and Information Survey. The Survey is compiled using data from an online survey that is available year-round. As always, the Survey depends on participation from our readers, managers, and board members alike, and we want to thank all who responded by the web survey. We trust this information will be helpful in evaluating salary and benefits in your community in 2025.

8 January 2025 FLCAJ | www.fcapgroup.com

The Survey is displayed in three pie charts, eight bar charts, a community profile, and a manager’s compensation profile that should make the information easier to see at a glance. The first pie chart breaks down responses by region; the second pie chart provides a general manager profile; and the third pie chart breaks down the type of association survey respondents live in and supplements the first bar chart

26%

with typical manager profile information. The manager compensation bar chart contains the average manager’s salary and benefits. The five total income bar charts compare salary ranges with several key indicators: region, number of units, price of units, total annual budget, and length of employment. The final bar chart lists average hourly wages for other typical community association employees.

26%

58%

42%

6% 2%

40% 45

13

53

90%

31% 2%

5

50%

10% 40%

40%

67%

50%

10%

90%

$82,444 214

$630,795

35 YEARS

$2,715,590

5

$4,173

58%

15

6

39%

www.fcapgroup.com | FLCAJ January 2025 9

$92,502

$81,850

$87,960 $75,167

$80,500 $69,171

$85,000

$67,811

$51,500

$55,000

$95,000 $94,000 $80,000 $87,500 $83,783 $83,843 $87,500

$102,500 $92,800 $83,788 $80,033 $78,750 $55,035

10 January 2025 FLCAJ | www.fcapgroup.com

$105,000 $85,500 $83,000 $76,750 $89,500 $82,675

$24.01 $23.00

$18.00 $18.00 $19.00 $18.00

$25.00

$22.00 $19.00 $19.00

$23.00

$29.00 $30.00

GENERAL SUMMARY

In 2024 the largest percentage of responses to the Salary Survey came from Southeast Florida at 40 percent with Central and Southwest Florida tying at 26 percent.

Survey participants who live in condominiums represent two-thirds of the responses at 67 percent, and HOA representation came in at 31 percent with the remaining 2 percent from cooperatives. Paid management is used by 90 percent while the other 10 percent of communities are self-managed by their volunteer board members.

COMMUNITY PROFILE

The survey participants responded to several questions about their community association. The typical community surveyed in 2024 is an average of 35 years old and consists of 214 units. Of the communities that responded, 18 percent are located on the oceanfront. The average price for a unit came in at $630,795 with the average annual community budget at $2,715,590. On average each board of directors consists of five volunteers.

Monthly assessments per community were found to be on average in the amount of $957. This year’s survey respondents with paid managers used on-site management 40 percent of the time and management

companies 50 percent of the time.

MANAGER PROFILE AND COMPENSATION

The manager profile shows the average age of a community association manager is 53. The ratio of managers by biological sex is 58 percent male to 42 percent. The average number of years of total management experience is 13, with the average manager having been at their current position for five years and devoting at least 45 hours per week to the job.

The most important statistic for managers deals with compensation.

Manager salaries averaged $84,321 statewide for 2024, with bonuses averaging $4,173. Health insurance is being provided to 58 percent of respondents. This health insurance is provided for 22 percent of managers and their families versus 78 percent provided only for the individual.

Life insurance policies are paid for at various levels for 23 percent of CAMs. The average number of vacation days provided is 15 days with six sick/personal days being made available.

EMPLOYEES’ AVERAGE HOURLY WAGES

The average number of employees per community association came in at 11. For the second year in a row, maintenance chiefs saw an increase in their hourly wages from $24.11 in 2023 to $29 in 2024. Maintenance staff, rental managers, front desk personnel, groundskeepers, housekeepers, administrative assistants, security chiefs, and security personnel also saw increases in their 2024 hourly wages as compared to 2023.

FLCAJ READERSHIP

The average amount of time respondents have subscribed and read FLCAJ is seven years, with the longest having read the publication for 20 years. More than three-fourths of the readers say they read all or most of the monthly magazine, and 71 percent of respondets say they are likely or very likely to use the services of advertisers within the publication.

FLCAJ hopes that you find this information useful and helpful as we move into 2024. We encourage you to take part in the 2025–2026 Salary and Information Survey by taking some time to visit www.fcapgroup. com/survey and fill out the survey as completely as you are able. n

www.fcapgroup.com | FLCAJ January 2025 11

Photo by iStockphoto.com/Thx4Stock

HOA Strategic Planning: Building a Future for Your Community

BY MAX GLASSBURG

S

trategic planning is an investment in the future of your homeowners’ association. The most successful HOAs have been using strategic plans for decades, and growing communities use them as guideposts to plan their future. So, what goes into a good plan? To find the best answer, we spoke to Jake Gold, director of education at the Community Associations Institute (CAI).

“The biggest challenge is often getting started,” he said, adding, “Many association managers don’t even know they should have a plan.”

Given the importance of strategic planning, this article is going to cover a lot of ground with the following main topics: • Explanation of strategic planning for HOAs • Three key benefits of a strategic plan 12 January 2025 FLCAJ | www.fcapgroup.com

• • • • • • •

Mission & vision statements The right time to plan Whether to hire a consultant Characteristics of a good strategic plan How to involve your homeowners The role of community management software Five simple steps to making an effective plan

WHAT IS STRATEGIC PLANNING FOR HOAS?

Strategic plans help HOA boards move beyond reactive, day-to-day management to proactive, goal-oriented governance. A good plan typically includes a mission statement, a vision for the future, and specific action items to reach the outlined objectives.

According to Gold, “Many HOAs become absorbed in the details of running the community—maintenance, budgeting and enforcing rules—and fail to

MAX GLASSBURG, SENIOR MARKETING WRITER, YARDI BREEZE Max Glassburg is a senior marketing writer at Yardi. He is usually found writing for Yardi Breeze and especially enjoys connecting with clients and sharing their successes with the real estate community. For more information, visit yardibreeze.com or call 800-866-1144.

think ahead. A strong strategic plan can transform a community from simply functioning to thriving.”

Strategic planning fosters a shared vision and sense of purpose among residents and leaders. In the best plans everyone understands the community’s long-term goals, such as improving amenities, building stronger social ties, or becoming more sustainable.

Without a strategic plan, a community may find itself veering off course due to shifting priorities and lack of cohesion. Ultimately, says Gold, this limits the association’s potential.

THREE KEY BENEFITS OF A STRATEGIC PLAN

A well-crafted strategic plan brings numerous benefits to an HOA. It lets you showcase the HOA’s identity, align community goals, improve governance, and use the plan as a marketing tool for the community.

www.fcapgroup.com | FLCAJ January 2025 13

1. Market your HOA’s identity Show potential homebuyers exactly what type of community they are stepping into. Whether you’re cultivating an active adult neighborhood with bustling social activities or a community focused on green spaces, a strategic plan will showcase what makes your HOA unique.

When people can see the results of a plan, it’s easier for people to make home-buying decisions.

According to Gold, “By establishing the community’s strengths and long-term vision, the board can highlight aspects that appeal to prospective homebuyers.” Of course, this requires a strategic plan that visibly aligns with the community’s stated identity.

2. Align Community Goals Beyond shaping identity, a strategic plan aligns all community decisions with overarching goals, ensuring consistency and focus. Without a plan, community board members often work against one another. A plan ensures board members, committees, and residents are all working toward shared goals and not pulling in different directions.

3. Improve governance When goals and priorities are aligned, you can govern efficiently.

Resources such as funds, time, and energy are allocated more effectively.

This focus not only enhances the current living experience but also makes the community more attractive to future residents.

MISSION AND VISION STATEMENTS

Many businesses have mission and vision statements. An HOA is no different. These terms are sometimes used interchangeably or mentioned together, but they play different roles in guiding a community’s development and focus.

Mission Statement A mission statement defines your community’s purpose in the present. It addresses what the community stands for and outlines its core values and principles. It sets goals to ensure all stakeholders understand what’s driving the association’s decisions.

Vision Statement A vision statement focuses on the future. It has a destination in mind and describes where the community aspires to be in the coming years. It sets the direction for long-term growth and development, serving as an aspirational guide. A well-crafted vision paints a picture of success, motivating residents and board members to work toward a shared dream.

Together, the mission and vision statements provide direction and inspiration, ensuring that all decisions align with broader objectives.

WHEN IS IT TIME TO PLAN?

Strategic planning is not a one-and-done thing. For an HOA to remain relevant and effective, its strategic plan needs to be looked at periodically to ensure it still aligns with the community’s evolving needs.

“A good rule of thumb is to reevaluate the plan every three to five years,” says Gold. During this time, demographic shifts or changes in the 14 January 2025 FLCAJ | www.fcapgroup.com

community—such as an influx of young families or an aging population—can significantly affect priorities.

In some cases, annual reviews can be used to keep plans dynamic. These reviews serve as checkpoints to assess progress, adjust goals, and address emerging challenges.

Unscheduled Changes to the Plan Not everything is going to operate on schedule. For instance, if the board is constantly reacting to issues instead of proactively addressing community goals, the strategic plan may need to be revisited. Without a clear plan, board members’ individual priorities can drive decisions, leading to inconsistency. A strategic plan keeps everyone on the same page.

Let’s say you don’t have a very engaged community to begin with. It’s not a hopeless situation. It’s just another sign that your plan needs to be looked at or you need a plan!

Often when residents are disengaged, it means that the community’s direction is not clearly communicated or that decisions are not aligned with residents’ interests.

SHOULD YOU HIRE A CONSULTANT FOR STRATEGIC PLANNING?

For many HOAs strategic planning can seem like a daunting task. Board members may not have experience in long-term planning. In such cases you may want to hire a consultant. Consultants bring expertise and an outsider’s perspective, helping boards focus discussions and avoid common pitfalls.

According to Gold, a thirdparty consultant can make a big

difference: “Consultants often guide boards through the entire process, from developing a vision to setting actionable goals.” By having an experienced professional facilitate the planning process, HOAs can develop a strategic plan that reflects the community’s unique needs and benefits from best practices in community management.

Where to Find Help Local CAI chapters are an excellent resource. Many CAI instructors who teach strategic planning are also available for consulting. They offer practical knowledge and industry-specific insights while helping HOAs get core elements of the plan in place.

A focused session, often lasting just a day or an afternoon, can lay the foundation for a strategic plan.

CHARACTERISTICS OF A GOOD STRATEGIC PLAN

A well-crafted strategic plan is a powerful tool for guiding decision-making and ensuring alignment. A poorly designed plan can create confusion, foster division, and wind up being ineffective.

According to Gold, one of the biggest differences between a good and bad plan comes down to community participation. He tells us, “A good plan is one that reflects the collective input of homeowners, not just the opinions of a few board members.” Involving residents, committees, and other stakeholders ensures the plan finds common ground among everyone.

“Measurable goals are crucial,” Gold emphasizes. Without clear benchmarks for success, it’s difficult to gauge progress or adjust strategies effectively. A vague or overly ambitious plan is challenging to implement and track.

How to Keep a Good Plan from Going Bad There’s no faster way to turn a good plan into a bad one than by lack of follow-through. Ideas that are laid out but not acted upon are destined to fail. Inaction leads to frustration, which hurts participation and buy-in.

Homeowners buy in when they understand and believe in what you’re doing. It’s obvious when your strategic plan means something to the community because people will stay active in its implementation. So, share the plan, seek feedback, and be transparent about its progress.

Optimize Security for a Successful New Year The onset of a new year offers a fresh start to hone your community vision.

As you prepare for the year ahead, consider these questions to gauge the effectiveness of your security plan: 1. Are there specific problem areas?

2. What level of service is needed or desired for the community?

3. What is the budget?

4. What is the ultimate goal?

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www.fcapgroup.com | FLCAJ January 2025 15

HOW TO INVOLVE YOUR HOMEOWNERS IN STRATEGIC PLANNING

According to Gold, HOA managers should be looking to include a diversity of opinions and perspectives. “The board of directors is ultimately responsible for steering the community, but engaging residents and committees in the planning process is crucial for a better outcome,” he says. When residents feel that their voices are heard, they feel a sense of ownership. This makes it more likely that they will rally behind the plan.

Establish Committees Committees play an essential role in strategic planning. Once a plan is established, committees can be tasked with specific activities that align with broader goals.

For example, a landscape committee might focus on enhancing green spaces. No two communities are alike; therefore, no two committees are alike.

Allow the unique passions, expertise, and creativity of your people to shine.

Surveys, meetings, and workshops help gather input about residents’ priorities and desired changes. The more input you have and the more transparent you are, the stronger the plan will be.

THE ROLE OF COMMUNITY MANAGEMENT SOFTWARE IN STRATEGIC PLANNING By centralizing information and operations, community management software helps align all members with the community’s vision and goals.

“Technology has a huge potential to make strategic planning easier for communities,” says Gold. The right software 16 January 2025 FLCAJ | www.fcapgroup.com

can integrate the strategic plan into daily operations, ensuring that it doesn’t become just another document buried under paperwork.

Here’s an easy way to integrate your plan and your technology.

All-in-one association management software like Yardi Breeze Premier integrates community accounting, budgeting and reporting, homeowner services, and association management tools into one platform. Now you’re linking daily tasks with long-term goals, and HOA software can be used to streamline plan execution. The board can track goals in real time, and everyone wins.

This is the most cost-effective way to keep your strategic plan organized and on track.

FINAL BREAKDOWN: FIVE SIMPLE STEPS TO MAKING AN EFFECTIVE PLAN

Let’s recap. Developing a strategic plan for an HOA means transforming a community’s long-term vision into actionable goals. In most of the plans, you’ll complete the following five steps: 1.

2.

3.

4.

5.

Create mission and vision statements Engage stakeholders Identify clear, specific goals for the community Develop an action plan to achieve your goals Share the plan with the entire community

Keep in mind that every plan is different and might not require all these steps in this order. Still, this is a good place to start if you’re new to strategic planning. n

www.fcapgroup.com | FLCAJ January 2025 17

Photo by iStockphoto.com/RomoloTavani

Managers and Associations— Improving the Financial Picture

BY RONALD E. PECK

H

appy New Year, everyone! Now 2025 has arrived and is set to be an exciting adventure. With the election behind us and the new administration in place, we can now determine how to best work within your budget for the year.

Our Florida CAMs (community association managers) are the best of the best in the industry. As of November 8, 2024, the average annual salary for the CAM job category in Florida was $66,469 per year (per Zip Recruiter). While Zip Recruiter is seeing annual pay as high as $111,347 and as low as $18,682, the majority of CAM salaries range between 18 January 2025 FLCAJ | www.fcapgroup.com

$46,700 (25th percentile) and $86,700 (75th percentile), with over $100,137 being the highest (90th percentile) in Florida.

However, the Bureau of Labor Statics in 2023 reported that the average annual salary of a licensed community association manager in Florida was approximately $71,257 per year.

Variables including location and experience play a vital role in this calculation. The average hours that CAMs work per week was 45 (although some would argue this is an underestimation), and managers scored their career rating as 4.25 out of possible 5. These averages come from 1,482 CAM professionals in Florida who have taken the course with Prolicense Florida.

As expected, there is a great divide between the CAM’s earning potential across the entire state of Florida. Salaries

RONALD E. PECK, SENIOR ASSOCIATION BANKING RELATIONSHIP MANAGER, CENTENNIAL BANK Ronald E. Peck is the senior association banking relationship manager for Centennial Bank. He has 41 years of experience in relationship building, sales, and leadership. He is an active member and past board of director member for the Gold Coast chapter of the Community Associations Institute (CAI), past president and board of director member for the Central Florida CAI chapter, and a licensed community association manager (CAM). Ron resides in Williston, Florida, with his wife of 42 years, Nancy. He is a father of two and grandfather (Poppi) of five. For more information about Centennial Bank, call 866-227-0441 or visit my100bank.com.

are higher in or near coastal regions and in larger-scale communities than in other situations. Entry level workers earn significantly less than highly skilled and experienced professionals.

The overall survey of licensed CAMs says they are optimistic, satisfied, and happy in their careers. With over 40,000 associations in Florida, management companies and community boards of directors are looking for qualified CAM professionals all the time. Presently there are 26,008 condominium associations, 14,587 homeowners’ associations (HOA), and 771 cooperative associations in the state of Florida.

www.fcapgroup.com | FLCAJ January 2025 19

CAMs complete the necessary courses and test for their CAM license.

There is a requirement of 15 continuing education credits for a two-year renewal cycle.

One excellent organization where you can obtain these credits is CAI (Community Associations Institute). This national organization supports CAMs receiving educational requirements for their license renewal and provides a wealth of knowledge for the board of directors (BOD) to understand the roles, rules, and responsibilities of serving on a BOD. CAI is committed to keeping the industry at the top of its game. There are at least four other certifications designed to elevate the job title of CAMs. 1. Association Management Specialist (AMS) 2. Large-Scale Manager (LSM) 3. Accredited Association Management Company (AAMC) 4. Professional Community Association Manager (PCAM) The PCAM certification requires extensive educational knowledge through courses and testing. One requirement is five years of direct community management experience, including relevant coursework and a large community association case study. In most cases this certification allows PCAMs to negotiate for higher salaries and professional advancement.

By now associations have already started the new budget year. The process and planning typically involve reviewing last year’s budget estimate to examine fluctuating line items like insurance, cost of living increases, adding to the reserve funds, and other association expenses. One simple key practice is

Broward Office

1200 Park Central Blvd. South Pompano Beach, FL 33064

20 January 2025 FLCAJ | www.fcapgroup.com

Palm Beach Office

9121 North Military Trail, Ste. 200 Palm Beach Gardens, FL 33410

monitoring every month’s expenses and comparing those to the projections.

Minimizing and monitoring unit owner delinquencies is paramount to a healthy lifeline for the association. First, send the unit owner an “oops, you’re late’’ letter.

If there is no response, follow up with a stern letter, and then send it off to the attorney for the last notification before placing a lien on the property. This must be uniform for all unit owners without exception.

Effective communication with the unit owners is key to understanding the mission of the board of directors’ (BOD) role. This is a voluntary position with little appreciation and applause. Unit owners may give lots of criticism—usually related to petty issues, but it happens.

The BOD’s main responsibility is to maintain and preserve property values, quality of life,

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MINIMIZING AND MONITORING UNIT OWNER DELINQUENCIES IS PARAMOUNT TO A HEALTHY LIFELINE FOR THE ASSOCIATION. FIRST, SEND THE UNIT OWNER AN “OOPS, YOU’RE LATE’’ LETTER. IF THERE IS NO RESPONSE, FOLLOW UP WITH A STERN LETTER, AND THEN SEND IT OFF TO THE ATTORNEY FOR THE LAST NOTIFICATION BEFORE PLACING A LIEN ON THE PROPERTY. THIS MUST BE UNIFORM FOR ALL UNIT OWNERS WITHOUT EXCEPTION. and the safety of its unit owners.

Please take the time to thank your BOD for volunteering their time and efforts. When unit owners, boards of directors, and/or management companies work together, it definitely benefits everyone involved. n www.fcapgroup.com | FLCAJ January 2025 21

Photo by iStockphoto.com/AndreyPopov

Cost of Living Increases and the Impact on Security Guard Pricing

Innovative Solutions to Reduce Security Expenses in Condominiums

BY RON NEUMAN, ESQ.

A

s the cost of living continues to rise, many industries are feeling the financial pressure, including the security services industry. For condominiums and residential buildings, security guard pricing has become a growing concern for property managers and owners. With inflation, wage hikes, and rising insurance and operation costs, the price of hiring security personnel has increased significantly, prompting condominium boards and managers to look for effective ways to reduce security expenses without compromising safety.

22 January 2025 FLCAJ | www.fcapgroup.com

UNDERSTANDING THE IMPACT OF RISING COSTS ON SECURITY SERVICES

RON NEUMAN, ESQ., MBA, CONTRACT ADMINISTRATOR, KENT SECURITY

The rising costs of security services are primarily driven by increased wages, which are necessary to attract and retain qualified security personnel. As housing prices, transportation, and everyday goods become more expensive, security agencies must offer competitive salaries to meet demand, contributing to higher prices for their services.

Other factors contributing to the price increases include the following: • Increased Training Costs—As regulations evolve, security personnel must undergo specialized training in emergency response, customer service, and first aid (including CPR and AED), raising overall expenses.

Ron Neuman is a seasoned expert in the property management and security services industries and is currently working at Kent Security. With over 10 years of experience, Ron specializes in helping condominium boards and property managers develop cost-effective, secure solutions for residential buildings. A graduate of the University of Miami, Ron holds both a JD and an MBA, equipping him with a unique blend of legal and business expertise. In addition to his professional work, Ron serves as the president of his condominium board of directors at Brickell on the River North Tower, where he applies his knowledge of security and financial management to ensure the safety and efficiency of his community. He also serves on the board of the Brickell on the River Master Association. For more information, call 305-919-9400 ext. 268, email ronneuman@kentsecurity.com, or visit www.kentservices.com.

•

Operational Costs: The costs of maintaining a security fleet, including vehicles, fuel, and equipment like mobile patrol software, are also rising and are typically passed on to clients in the form of higher rates.

For condominiums, which often operate on tight budgets, these rising costs can strain finances. However, reducing security expenses while

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maintaining safety is crucial.

Fortunately, there are innovative solutions to help achieve this goal.

INNOVATIVE SOLUTIONS TO REDUCE SECURITY EXPENSES IN CONDOMINIUMS

To counteract rising security costs, condominium managers and boards can adopt creative strategies that incorporate technology, optimize staffing, and streamline security operations.

Below are some solutions that can help reduce overall security expenses while ensuring safety.

Leverage Technology for Enhanced Security Incorporating technology into security operations can reduce the need for physical security guards, making it one of the most costeffective solutions for condominiums.

• Surveillance Systems— Modern cameras, particularly those with AI and facial-recognition capabilities, offer real-time monitoring, which can replace the need for additional security personnel. Cloudbased storage and remote access allow property managers to oversee the building from anywhere, ensuring effective surveillance at all times.

• Smart Access Controls— Keycards, biometric systems, and smartphone-based access controls can automate building entry, reducing the need for on-site doormen or guards. These systems not only improve security by restricting unauthorized access but also streamline daily operations.

• Virtual Guards—Some companies like Kent Security 24 January 2025 FLCAJ | www.fcapgroup.com

offer remote security services where trained personnel monitor surveillance feeds from a central location. This solution is significantly more affordable than having physical guards on site 24/7 and can be particularly useful for large properties or condominiums with fewer security needs at certain times.

Integrate Concierge Services with Security Roles Combining concierge services with security roles can reduce the number of full-time staff needed. By cross-training security personnel to handle additional tasks, condominiums can lower labor costs while maintaining a high level of service.

• Concierge Security—Concierge staff can be trained to handle routine

•

security duties like monitoring surveillance cameras, conducting patrols, and managing visitor logs. This reduces the number of guards required and adds value to the residents by providing extra services.

Multi-Role Guards—Multirole guards who are trained to take on additional tasks beyond traditional security duties can help reduce staffing needs. For example, a guard might also be responsible for managing deliveries, assisting with light maintenance tasks, or even providing front desk support during off hours. This helps to ensure that security needs are met without the extra expense of hiring additional personnel.

Outsource Security Services to Specialized Agencies Outsourcing security services to specialized agencies can provide significant cost savings compared to hiring full-time, in-house guards.

Many security companies now offer flexible staffing models that allow property managers to adjust the level of service based on specific needs and budgets.

• On-Demand Staffing— Instead of paying for full-time guards, condominiums can opt for temporary or on-demand staffing. This allows for security coverage during peak hours or special events without the added cost of full-time salaries and benefits.

• Security Audits—Outsourced security companies can conduct regular security audits to identify areas for improvement and provide 26 January 2025 FLCAJ | www.fcapgroup.com

cost-effective solutions that help optimize building security while lowering expenses.

Utilize Community Watch Programs In some communities a neighborhood watch or tenant watch program can be a valuable supplement to professional security services. Engaging residents in active surveillance can help deter crime and create a safer environment, often at little to no cost.

• Resident Involvement—Condominium communities can encourage residents to be vigilant and report any suspicious activity. While this approach doesn’t replace professional security, it can reduce the number of guards needed and foster a greater sense of community responsibility.

• Neighborhood Patrols—In some cases residents may even volunteer to conduct regular patrols of common areas. This can reduce the need for guards, especially during off-peak hours, without compromising security.

Optimize Guard Schedules and Duties Efficiently scheduling security staff can reduce labor costs by ensuring that guards are only deployed when needed. Using scheduling software and analyzing past security trends can help property managers determine the optimal number of guards required at different times of the day.

• Peak Hours Coverage—Scheduling more guards during peak hours when security needs are higher (e.g., evenings or weekends) and fewer guards during off-hours can significantly cut costs without sacrificing safety.

• Overtime Reduction—By managing schedules effectively, property managers can reduce overtime and unnecessary shifts, lowering labor costs and improving overall efficiency.

CONCLUSION

The rising cost of living has put increased pressure on security budgets for many condominiums, but it doesn’t mean that property managers have to compromise on safety. By adopting innovative solutions such as leveraging technology, integrating concierge services with security roles, outsourcing staffing, and optimizing guard schedules, condominiums can reduce security expenses while ensuring the safety of residents.

The key is to find cost-effective, flexible strategies that balance security needs with the financial realities of operating a condominium. With careful planning by the involved stakeholders, as well as the use of modern solutions, it’s possible to maintain a secure environment without breaking the bank. n

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Five Ways to Boost HOA Revenue Without Increasing Homeowner Fees

BY CAMILLE MOORE

S

uccessfully running a community association comes with a unique set of challenges. One of the toughest challenges of all is boosting revenue without raising homeowner fees. After all, no one enjoys seeing their monthly fees increase; but the reality is, associations still need funds to maintain common areas, uphold community standards, and plan for the future. So, how can you increase revenue while keeping homeowners happy? It’s possible!

Let’s dive into five creative ways your HOA can boost revenue without hiking up those fees.

28 January 2025 FLCAJ | www.fcapgroup.com

1. LEVERAGE COMMUNITY AMENITIES FOR RENTAL INCOME Your association likely has valuable community amenities—think clubhouses, swimming pools, tennis courts, or event spaces. These facilities can be turned into revenuegenerating assets. By offering them for rent to residents for private events, parties, or meetings, your association can generate significant income.

Consider pricing for both peak and off-peak hours, offering discounted rates for residents, and allowing nonresidents to rent as well (with an added premium).

Keep in mind that your association may need insurance riders for events held in community facilities, so it’s important to check with your insurance provider.

At RealManage we specialize in helping communities like yours achieve financial stability, streamline operations, and enhance resident satisfaction. Contact us today at www. realmanage.com/proposal-request or call 866-403-1588 to learn more!

2. INTRODUCE SPONSORSHIP OPPORTUNITIES

Your community’s events and common areas are prime opportunities for financial sponsorship. Local businesses, especially those that benefit from the visibility, may be eager to support your community.

From fully or partially sponsoring annual events, park benches, or even signage in common areas, these partnerships can provide a steady stream of income. In return, your sponsors gain access to the local market while supporting your HOA’s goals.

3. OFFER PAID COMMUNITY SERVICES

Many residents appreciate the convenience of extra services, and your association is in a unique position to provide them at a profit. Think about services like dog walking, lawn care, or home cleaning. You can even create a package for residents who want a full-service concierge experience. Not only does this create

www.fcapgroup.com | FLCAJ January 2025 29

a revenue stream, but it also strengthens the sense of community by offering services that make residents’ lives easier.

4. HOST EVENTS AND WORKSHOPS

Tap into your community’s potential by hosting events and workshops. Fitness classes, gardening seminars, cooking workshops, or home improvement talks—these can all be ticketed events that add value to your residents while generating additional income. Partnering with local experts to run these sessions allows you to offer fresh, engaging content while keeping the profits flowing into the HOA coffers.

Remember to always be transparent about how the funds will be used. Homeowners are more likely to participate when they see the direct benefits of their contributions.

5. IMPLEMENT A COMMUNITY ADVERTISING PROGRAM

If your community has a well-trafficked newsletter, website, or social media channels, you can turn these platforms into revenue generators by offering advertising space. Local businesses would likely appreciate the opportunity to reach residents, and the exposure can be valuable. Whether it’s through digital ads on your website or a spot in the printed newsletter, this can create a recurring revenue stream without much effort.

To avoid overloading residents with ads, maintain a balance between useful content and advertisements.

Think of it as turning your communications into revenue-generating tools without losing their primary value.

THE PATH TO FINANCIAL GROWTH STARTS HERE

With the help of these innovative revenue-boosting ideas, your HOA can generate income without burdening homeowners with higher fees. Focus on enhancing the community experience and building partnerships that benefit both your association and your residents. In the end, a little creativity can go a long way to achieving your financial goals and keeping the community thriving! n

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Managing Financial Challenges— Cost-of-Living Increases

BY KENDAL KOPP

A

s the cost of living continues to rise, every penny counts for individuals and communities alike. For community boards managing shared amenities like laundry facilities, the inflation in the economy presents unique challenges for budgets and reserve funding. Owning laundry equipment, which was once a cost-effective solution, is becoming more expensive due to rising utility rates, maintenance costs, and inflation. But what can be done to keep these essential services affordable and efficient for everyone?

For a board member who is trying to look for the best solution to focus

32 January 2025 FLCAJ | www.fcapgroup.com

on the budget, there are a few ways to tackle the issue of rising prices in shared laundry room spaces. One of the first places to start is comparing the cost of leasing versus owning.

It might be time to consider the long-term leasing expenses being saved compared to the downsides of purchasing your machines. Building relationships with vendors that might secure favorable terms in your lease or have great plans on how to budget for future expenses with your leased machines can be cost effective in the long run compared to ownership of your laundry equipment and the fees that are continuing to rise to maintain the longevity of your equipment.

Leasing laundry equipment often provides community

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boards with greater flexibility and lower upfront costs, making it an attractive option. This arrangement allows for predictable monthly expenses without the large capital investment required for ownership.

Additionally, leasing agreements frequently include maintenance, warranties and sometimes even equipment upgrades, which can reduce the burden on boards and ensure the equipment remains in good working order without added costs. For communities with fluctuating laundry usage or those seeking to avoid the financial risk of a large initial investment, leasing can be especially advantageous.

www.fcapgroup.com | FLCAJ January 2025 33

Though long-term leasing expense may accumulate over time, the ability to upgrade or replace equipment as needed and avoid unexpected repair costs makes leasing an appealing choice. Boards should consider the total cost of leasing over time, including any potential rate increases or maintenance fees, and weigh it against the flexibility and lower financial risk leasing provides.

Another way to maintain your budget spending is to consider upgrading your machines to energy-efficient models. These machines are the best option to help save some money in the budgeting department. When you choose to upgrade your machines to energy-efficient technology, you are opting for one of the most effective strategies for offsetting rising utility costs. As electricity, water, and gas prices continue to rise, older and less efficient machines consume more energy and resources, increasing the expenses of the daily use of your laundry equipment. Energy-efficient washers and dryers, on the other hand, are designed to minimize energy consumption while maintaining high performance. Not only do these upgrades help lower monthly utility expenses, but also they extend the lifespan of the equipment by reducing wear and tear.

Maintaining a strong, long-term relationship with a trusted laundry equipment vendor is crucial for community boards looking to maximize both cost savings and service quality. A reliable vendor not only provides the best equipment options but can also offer ongoing support, maintenance services, and valuable insights into the latest industry trends and technologies. By working closely with a vendor who understands the

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ANOTHER WAY TO MAINTAIN YOUR BUDGET SPENDING IS TO CONSIDER UPGRADING YOUR MACHINES TO ENERGY-EFFICIENT MODELS. THESE MACHINES ARE THE BEST OPTION TO HELP SAVE SOME MONEY IN THE BUDGETING DEPARTMENT.

unique needs of your community, boards can negotiate better terms, ensure timely repairs, and explore new equipment upgrades that deliver greater energy efficiency and cost-effectiveness.

Whether you decide to buy your machines outright, lease your machines, or enhance your existing equipment, having a dedicated vendor partner like Commercial Laundries Inc. can help you make informed decisions that align with both your budget and long-term goals. The end result is reduced operational costs, fewer service interruptions, and greater satisfaction for your community members.

Overall, navigating the rising costs of living doesn’t have to mean you have to compromise the quality and affordability of your laundry facilities. By carefully evaluating your options, whether through energy-efficient upgrades, renegotiation of leasing terms, or equipment ownership, you can better manage expenses and continue offering a vital service to your community.

As a trusted laundry equipment vendor, we’re here to help you make informed decisions that align with your budget and long-term goals. Let us work with you to find the most cost-effective, sustainable solutions to keep your laundry operations running smoothly no matter what the future holds.

With our support you can confidently navigate the changing economic landscape and ensure the continued success of your community’s amenities. n

36 January 2025 FLCAJ | www.fcapgroup.com

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Balancing Act: The Essential Role of Reserve Studies, Lending, and Insurance in Florida Condominiums

BY MATT KUISLE, P.E., RS, PRA

I

n the ever-evolving landscape of community associations, one trend has become clear: Lenders and insurers are focusing on reserves and reserve studies. Driven by a growing awareness of proactive risk management, this shift is important in keeping communities physically and financially sound. However, many associations have found this transition financially burdensome, especially older communities that have not historically prioritized adequate reserve funding.

Following the tragic collapse of Champlain Towers South Condominium, Florida legally mandated structural integrity reserve studies (SIRS) for qualifying

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associations to be completed by the end of 2024. These studies require the inclusion of specific components in the report and mandate reserve funding for the repair and replacement of those components. Historically, reserve studies, which involve both a physical inspection of the association’s common property and a financial analysis of current reserve funds and creation of a long-term capital plan, were used as an internal capital planning tool. However, now that SIRS are required and because failure to budget for necessary repairs and maintenance can lead to costly surprises, lenders and insurers are now considering these studies when doing business with Florida condominium associations.

For community associations, securing affordable and

MATT KUISLE, P.E., RS, PRA, REGIONAL EXECUTIVE DIRECTOR, RESERVE ADVISORS

Matt Kuisle, P.E., RS, PRA, is the regional executive director for Reserve Advisors, leading the firm’s operations in Florida, Georgia, and the Carolinas. Matt has been conducting reserve studies for 24 years and is a frequent speaker and author. He is a licensed continuing education provider for Florida CAMs and serves on the Community Associations Institute National Board of Trustees and as a delegate with the Florida Legislative Alliance. Reserve Advisors is a leading provider of reserve study consulting services, having conducted reserve studies for more than 3,000 Florida communities.

comprehensive insurance coverage has become a growing struggle. A combination of factors such as natural disasters, inflation, supply chain challenges, escalating construction costs, and increasing costs of reinsurance (insurance for insurance companies) has contributed to this upward trend. At the same time, insurance companies have become increasingly cautious, often opting to cancel or refuse to renew policies, particularly for older buildings and those in coastal parts of the state. These factors have given Florida the highest home insurance premiums in the country, increasing an average of 42 percent from 2022 to 2023, according to the Insurance Information Institute.

These developments, along with the requirement to fully fund reserves, have led to dramatic increases in monthly dues for many

www.fcapgroup.com | FLCAJ January 2025 39

residents of community associations. Dues are rising faster than inflation nationwide, increasing an average of six percent in 2024, but according to Redfin, parts of Florida have seen dues increase by up to 15 percent, and that is before fully implementing the results of their SIRS, which may include structural repairs. Many associations are also issuing special assessments to complete overdue projects, and this combined increase in fees has become unaffordable for many homeowners, forcing them to sell.

However, with structural issues emerging as a major area of focus, lending standards are becoming increasingly strict as ensuring the structural soundness of an association’s buildings is essential in mitigating risk. Institutions are placing greater emphasis on conducting thorough inspections and structural assessments as communities with known structural issues, deferred maintenance to structural components, and inadequate reserves pose a financial risk to both lenders and potential buyers. This perfect storm of factors is making it difficult to sell condominiums and association units.

According to ISG World’s 2024 Quarterly Updates, 85 percent of all active condominium listings in South Florida are in buildings over 30 years old; and since 2023 those units have decreased in value by 21 percent. On the flip side (and reflecting the focus on structural integrity and upkeep), units less than 10 years old have risen in value by nine percent. If an association has historically failed to fund reserves and address maintenance needs, instead relying on assessments or loans to fix costly structural issues, it becomes much harder to sell units as it is

more likely that a buyer will become unable to afford their loan. Combined with higher mortgage rates, selling units, especially in older buildings, has become challenging; and buying them has become cost prohibitive for many.

Considering these developments, managers and boards alike should be increasingly recognizant of the value of proactive planning and budgeting. Conducting regular reserve studies and adhering to SIRS legislation helps associations spot potential maintenance issues early on and allocate funds accordingly. This can safeguard the long-term value of the property and ensure compliance with lending and insurance requirements.

A proactive budgeting approach allows for the timely

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completion of capital replacement and maintenance projects, which can enhance an association’s overall attractiveness to prospective buyers. Communities with well-maintained infrastructure and documented, healthy reserve funds are perceived as more desirable investments, commanding higher market value through structural and financial reliability.

Of course, because of the overall tumultuous atmosphere of Florida’s community association industry, it is inevitable that dues will continue to increase in many associations. To mitigate any potential issues, boards should be increasingly transparent and effective in their communications to unit owners.

While most communities provide a 30-day notice for increases, giving as much advance notice as possible is

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helpful for owners and reflects that the board takes seriously the financial burden on owners. These notices should be comprehensive, informing owners of the increase, the date it will go into effect, and the specific reasons for the increase. It is inevitable that some owners will have negative reactions to any increase in fees, so boards should make supporting records, information, and inspection documents available for review. Whether the funds will be used for insurance premium increases, necessary maintenance, or to achieve full reserve funding, owners deserve to know exactly how their money is being spent and what they will get out of it.

It is a turbulent time for associations in Florida, but two things are certain: Transparency with residents is key; and in the long run, proper reserve funding and community maintenance will pay off. By now most condominium buildings three stories or more should have their SIRS completed. This critical report will give insight into the physical and financial health of the association. While initially the news may not be great, making the difficult steps towards saving for and conducting needed repairs will give peace of mind to the owners and prospective buyers as well as lenders and insurers who are placing greater emphasis on structural integrity and financial preparedness. Boards and managers must prioritize regular reserve studies, adhere to SIRS legislation, and follow the maintenance and funding plans that will be crucial in weathering this storm. By prioritizing proactive maintenance and budgeting practices, not only can risks be mitigated but also the value of the property can be maintained for years to come. n

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February 1, 2025 — Embassy Suites Hotel 1601 Belvedere Rd, West Palm Beach Registration: 8:00 AM - 11:30 AM Complimentary Breakfast & Lunch

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Board Members Benefit from More Extensive Certification Requirements

BY OSCAR BORRAS

44 January 2025 FLCAJ | www.fcapgroup.com

A

ssociation board members’ lives significantly changed in 2024 with the implementation of new legislation. The State of Florida dramatically overhauled the certification process and requirements for community association board members. These recent changes are another example of the impact the Champlain Towers South collapse in Surfside has had on our communities and the scrutiny surrounding how associations are governed. The focus remains on helping board members build a sound educational foundation to make the many

pivotal decisions that go into overseeing a community.

Everyone involved stands to benefit from the revamped certification process, including board members, community managers, and individual owners.

What has changed for board members?

In the past, board members could either take a two-hour board certification course or sign an affidavit acknowledging they read the association’s governing documents and would do their best to uphold the policies and responsibilities defined in those documents. In practice, it was tantamount to an honor system.

Many board members are volunteers who may not have formal training or backgrounds in disciplines such as finance, engineering, or project

OSCAR BORRAS, REGIONAL VICE PRESIDENT, KW PROPERTY MANAGEMENT & CONSULTING Oscar Borras is regional vice president at KW PROPERTY MANAGEMENT & CONSULTING. KWPMC is one of Florida’s largest residential property management companies, with more than 2,700 employees and 100,000 units under management. Its portfolio includes upscale high-rise towers, townhome communities, and homeowners' associations. Visit www.kwpmc.com for more information.

management—areas that are essential for effective community governance. Without access to specific educational training and resources, bridging the knowledge gap and helping newer board members gain the necessary expertise can be a significant challenge.

Today, all new board members are required to complete a more robust certification course within 90 days of being elected or appointed. Those who were board members prior to July 1, 2024, have until June 30, 2025, to complete the new certification course. Once secured, the certification is valid for seven years for condominium association board members and four years for HOA board members if the members serve continuously during these periods.

Florida’s Department of Business and Professional Regulation (DBPR) offers board member certification courses and approves additional proposed certification courses from third parties such as

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association law firms. In addition to the certification, all board members will have to complete annual continuing education courses.

For board members serving within homeowners’ associations (HOAs) the size of the community will determine the course length. If the community has fewer than 2,500 parcels, board members are required to have four hours of continuing education. If there are more than 2,500 parcels, that training increases to eight hours. Condominium association board members can satisfy the continuing education requirement with a one-hour course that focuses on state statute and administrative rule changes from the past year.

The new certification and continuing education courses are designed to support a wide range of needs, including language options in English and Spanish as well as the flexibility of in-person or virtual courses.

Board members can expect to learn about many important subjects, including the following: • Structural integrity reserve studies (SIRS) and reserve requirements. Experts give in-depth presentations on reserves, the funding of reserves, and what goes into these studies.

• Milestone inspections implemented after the Champlain Towers tragedy, covering the scope of the inspections and key compliance deadlines.

• Board member election procedures, including a publication of election notices, election-day protocols, and how the state’s Division of Condominiums, Timeshares and Mobile Homes can support board elections.

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For only $12 a year with a group subscription. (minumum 3 board members)

www.FCAPgroup.com/subscribe_now.cfm or call 800-425-1314 email: info@FCAPgroup.com 46 January 2025 FLCAJ | www.fcapgroup.com

THE NEW CERTIFICATION AND CONTINUING EDUCATION COURSES ARE DESIGNED TO SUPPORT A WIDE RANGE OF NEEDS, INCLUDING LANGUAGE OPTIONS IN ENGLISH AND SPANISH AS WELL AS THE FLEXIBILITY OF IN PERSON OR VIRTUAL COURSES.

•

Financial literacy education, a critical topic given the fiduciary responsibilities board members have. Many associations manage multi-million-dollar budgets, so these teachings will help board members navigate highstakes budget decisions each year. The course focuses on annual financial reporting requirements, assessments for common expenses, fines, commingling of reserve and operating funds, annual operating budgets, allocation of reserve funds, maintaining financial records, and much more.

• Providing key information about the statutory rights and responsibilities of associations and individual owners.

As community managers we proactively communicated the new certification requirements, and as course options became available, began to communicate them to our board members. Board members were generally very receptive to the enhancements and were excited about the opportunity to learn more about their responsibilities. Owners who do not currently serve on their boards even expressed interest in participating in courses. It is exciting to see everyone—from board members to community managers, non-boardmember owners, and vendors—understand the big-picture importance and benefits of enhanced education. n 48 January 2025 FLCAJ | www.fcapgroup.com

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Facing the Challenge: How Florida Condominiums Can Tackle Escalating Fees and Reserve Requirements

BY SULY ENCALADA

F

lorida’s condominium associations face significant challenges adapting to new reserve requirements to enhance safety and ensure adequate funding for critical repairs. These legislative changes, introduced after the Surfside tragedy, are necessary to protect residents and property values. However, they have also brought escalating fees and financial pressure, leaving many associations searching for viable solutions.

With over 17 years of experience in property management and a focus on supporting condominium boards, I’ve seen how strategic planning and a proactive mindset can help associations navigate even the toughest challenges. This article outlines the new reserve requirements, their implications, and key 50 January 2025 FLCAJ | www.fcapgroup.com

recommendations for effectively tackling these changes.

UNDERSTANDING THE NEW RESERVE REQUIREMENTS

Florida’s updated laws require all condominium associations to maintain fully funded reserves for essential structural components like roofs, load-bearing walls, electrical systems, and waterproofing. These reserves must be based on a professional structural integrity reserve study (SIRS). While these requirements aim to prevent deferred maintenance and catastrophic failures, they come with the following notable challenges: 1. Increased Financial Burden—Associations are required to significantly increase reserve contributions, leading to higher monthly fees for owners.

2. Tightened Flexibility— Boards need more room to maneuver financially, with restrictions on using reserves for unspecified purposes.

3. Unfamiliar Territory—Many volunteer-led boards need to gain experience navigating the technical and financial complexities of these changes.

SULY ENCALADA, DIRECTOR OF BUSINESS DEVELOPMENT, SOCOTEC Suly Encalada has over 17 years of experience in property management and has been the director of business development for SOCOTEC, a leading engineering firm, for over two years. She specializes in helping condominium associations navigate complex challenges by providing strategic guidance and access to expert resources. Suly is passionate about empowering boards to make informed decisions that benefit their communities and ensure long-term success. For more information, visit www.socotec.us.

THE CHALLENGES FOR ASSOCIATIONS

For many condominium boards, the transition to fully funded reserves feels overwhelming. Older buildings, which may already have deferred maintenance issues, are particularly hard hit. Associations must now balance increased costs with owners’ resistance to higher fees, all while ensuring compliance with the new regulations.

These changes also demand a shift in how boards operate, moving from reactive approaches to long-term planning. This can feel daunting, but with the proper guidance associations can turn these challenges into opportunities for greater financial stability and operational efficiency.

RECOMMENDATIONS FOR TACKLING ESCALATING FEES AND RESERVE REQUIREMENTS

To help associations navigate this period, I recommend the following steps:

Conduct a Comprehensive Reserve Study A professional reserve study is essential for understanding your building’s current and future needs. Partner with a qualified engineering firm to ensure the study is thorough and actionable. Use the findings to prioritize projects and set realistic funding goals.

www.fcapgroup.com | FLCAJ January 2025 51

Prioritize Value Engineering When planning repairs or upgrades, look for ways to optimize costs without compromising quality. Value engineering—evaluating materials, methods, and designs—can lead to substantial savings. An experienced project advisor can help identify opportunities for efficiency.

Negotiate Smart Contracts Vendor and contractor negotiations are critical to managing costs.

Secure competitive bids and ensure contracts are carefully reviewed to avoid unnecessary expenses. Consider involving an owner’s representative or project manager to oversee this process.

Educate and Communicate with Residents Transparent communication is key to gaining support for increased fees or special assessments. Regular updates, clear explanations of the benefits of fully funded reserves, and opportunities for owners to ask questions can build trust and cooperation.

Explore Financing Options When Necessary Special assessments or loans may be necessary for associations facing immediate funding shortfalls. While these measures can be unpopular, presenting them as part of a well-thought-out financial plan can help owners see the bigger picture.

Focus on Preventive Maintenance Proactive maintenance of your building’s systems and structures is one of the best ways to manage costs over time. Routine inspections and timely repairs can prevent minor issues from becoming major expenses.

Develop a Long-Term Financial Plan Creating a multi-year financial strategy that aligns with the reserve study is essential. Working with financial experts can provide valuable insights and solutions.

52 January 2025 FLCAJ | www.fcapgroup.com

THE BIGGER PICTURE

While the new reserve requirements may feel like an immediate burden, they serve a critical purpose: ensuring the safety and longevity of Florida’s condominiums. Properly funded reserves reduce the risk of delayed repairs, protect property values, and provide peace of mind for residents.

This is an opportunity for boards to adopt a more strategic and professional approach to managing their communities. By investing in expert guidance and embracing long-term planning, associations can turn these challenges into a roadmap for sustainability and success.

Adapting to Florida’s new reserve requirements is challenging, but condominium associations can overcome the challenge with careful planning, open communication, and the right resources. While initially difficult, these changes are ultimately an investment in your community’s safety, financial health, and future.

By taking proactive steps and leveraging their expertise, boards can navigate this transition successfully, ensuring a brighter and more secure future for all residents. n

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Community Community THE BALANCING ACT OF LEAKS AND MEETINGS TIME MANAGEMENT TIPS FOR COMMUNITY ASSOCIATION MANAGERS

By Marcy Kravit, CMCA, AMS, PCAM, CFCAM, CSM Director of Community Association Relations Hotwire Communications FCAP Education Program Coordinator

Marcy L. Kravit

PRIORITIZE LIKE A PRO

Ah, the life of a community association manager—it’s a thrilling rollercoaster ride filled with board meetings, maintenance emergencies, and the occasional leak that seems to spring up just as you’re about to present your PowerPoint on your budget! If you’ve ever found yourself juggling these responsibilities—like a circus performer with a fondness for highrises in South Florida—read on for some humorous yet professional time management tips to keep you afloat, especially when tackling those pesky leaks.

When a leak bursts forth like an unexpected guest at a dinner party, it’s time to prioritize. The following actions are how you can tackle the chaos: Assess the Leak—Is it a minor drip, or is it Niagara Falls in your lobby? Grab your trusty bucket and investigate. If it’s a major issue, it takes precedence over that “exciting” budget discussion. Make a quick determination of the leak’s source and severity. If it’s a small drip, you may be able to place it on a list for later repair. However, if it’s gushing, dive in and take immediate action.

In high-rise buildings, leaks can quickly escalate, so it’s essential to act swiftly. Check common areas first, then move to individual units if necessary. Once you’ve assessed the situation, determine the cause of the leak. Is it a plumbing issue, a malfunctioning AC unit, or something else?

This diagnosis will guide your next steps.

Call the Experts—If you determine that the leak requires professional intervention, don’t hesitate to call in the experts. A remediation and restoration company can handle significant water damage and mitigate the risk of mold or further structural issues. If the leak’s source is plumbing related, contact a reliable plumber to address the issue. For leaks originating from air conditioning units, make sure to reach out to your HVAC technician. Having these specialists on speed dial can save you valuable time and stress.

Alert the Residents—Think of yourself as the town crier (minus the

54 January 2025 FLCAJ | www.fcapgroup.com

funny hat). Inform residents about the leak and what you’re doing to fix it. Clear communication can turn potential panic into polite patience. Use emails, community boards, and even text alerts to keep residents in the loop. Just don’t send them a video of the flood—keep it professional!

Providing updates as the situation evolves ensures everyone is on the same page and fosters a sense of community.

Document Everything—Snap some photos of the leak. These will be critical for your board meeting and any insurance claims. Good documentation can also help when discussing potential improvements to your building’s infrastructure. Plus, they make great conversation starters—“Remember that time we almost created an indoor swimming pool?”

Take notes on what actions you’ve taken, who you’ve contacted, and any conversations you’ve had with residents. This log will not only assist in your board meeting discussions but also serve as a reference for future incidents.

Determine When to Call the Insurance Company—If the leak is substantial and has caused significant damage, it’s time to call in the insurance experts.

Review your policy to understand coverage details, then document the damage thoroughly before making the call. Be prepared with all necessary information—date of the leak, extent of damage, and any repairs already initiated. A proactive approach can save you time and headaches later.

When you contact the insurance company, be concise and clear about the situation. They may send an adjuster to assess the damage, so having all your documentation ready will help facilitate the process.

DELEGATE LIKE A BOSS

You’re not a one-person band, so don’t try to play all the instruments.

Delegate! If you have a maintenance team, send them to tackle the leak while you prepare for the board meeting. Just make sure you don’t send them on a wild goose chase; clear instructions are your best friend.

Empower your team to take ownership of the situation. Assign someone to oversee the repair process and keep you updated.

This allows you to focus on strategic planning and communication while knowing that the leak is in capable hands.

CRAFT AN AGENDA THAT SHINES

An agenda is your guiding star in the chaotic universe of community management. Prepare one that outlines specific meeting topics and allows for some lighthearted moments. Include an update on the leak situation, ensuring that your board is informed and engaged.

Your agenda could look something like the following: 1. Call to Order 2. Approval of Previous Meeting Minutes 3. Financial Report & Budget Review 4. Maintenance Updates— Leak Situation: Current status and proposed solutions 5. Upcoming Community Events 6. Open Forum for Resident Concerns 7. Adjournment

By providing a clear structure, you keep the meeting focused and productive, allowing for a smooth transition between topics.

TIME BLOCKING: THE SECRET SAUCE

Consider time blocking your day like you’re a chef preparing a gourmet meal. Allocate specific times for urgent emails, board meeting prep, and—oh yes—addressing that pesky leak. This way you won’t end up mixing your “urgent” sauce with your “optional” side dish.

For instance, dedicate the first hour of your day to emergency issues, followed by time for email and communication, and then reserve a block for preparing for the board meeting. This structured approach helps you maintain focus and ensures that each task receives the attention it deserves.

STAY ORGANIZED (AND A LITTLE SASSY)

Embrace the power of digital tools! Use property management software to keep track of everything, from maintenance requests to scheduled meetings. A shared calendar is your best friend. Just remember: if it’s not on the calendar, it’s like it never happened. Nobody enjoys the “Oops! I forgot!” moment.

A little sass can go a long way—try labeling your calendar tasks with fun names like “Water Woes” or “Meeting Madness.” This not only adds a touch of humor to your day but also makes your schedule more engaging.

FOLLOW UP LIKE A CHAMP

After the board meeting, send out a summary with assigned tasks and schedule a quick staff meeting to discuss the leak and next steps. This ensures accountability and keeps your team aligned. A well-structured follow up can be the difference between a resolved issue and a lingering headache.

Make sure to check in with your maintenance team to see how the repairs are progressing and if any additional resources are needed. This ongoing communication is vital for maintaining a smooth operation.

REFLECT AND ADJUST—WITH HUMOR

Finally, take a moment to reflect on your day. What worked? What didn’t? Learning from each experience—while keeping a sense of humor— will make you a better manager in the long run. Consider keeping a “win jar” where you jot down successful moments or funny incidents related to leak management or board meetings. It can be a great morale booster!

Ask yourself questions. Did my team feel supported? Was communication clear with the residents? What can I do differently next time? This kind of reflection helps you grow and adapt in your role.

CONCLUSION: THE TIGHTROPE WALKER’S SECRET

Being a community association manager is like walking a tightrope while juggling flaming torches—exciting, a bit scary, and definitely not for the faint of heart. But with a dash of humor, a sprinkle of organization, and a healthy dose of prioritization, you can turn chaos into harmony.

So, the next time a leak threatens your board meeting, just remember— you’ve got this! Embrace the challenges, laugh at the absurdities, and keep your community thriving. After all, in the circus of community management, you’re the ringmaster, and it’s your show! www.fcapgroup.com | FLCAJ January 2025 55

BECAUSE YOU ASKED

By Betsy Barbieux, CAM, CFCAM, CMCA Betsy, I attended your class recently in Lake Mary and have several questions.

3.

1. I remember you saying HOAs can make money or “show a profit.” You explained the difference between not for profit and nonprofit. Did I understand that correctly?

2. Also, is it okay for the president to make motions if fewer than 12 members Betsy Barbieux are present?

Lastly, if a homeowner gets obnoxious or disrespectful, is it acceptable to ask him or her to leave a board meeting?

- Denise

Denise, Yes, you heard correctly. Certainly you may have surplus (money left in the checkbook) at the end of the year. Hopefully, you do, and you can start the next year with several months of expenses in the bank.

The president is a full participating member; may make motions, seconds, and debate; and is required to vote. Votes of all board present in person or by Zoom/speaker telephone must be recorded in the minutes.

Absolutely! It is a board meeting, and owners are there as guests, not participants. If you don’t want to ask him to leave, you may recess the meeting for a cooling off period of time or adjourn it.

- Betsy Betsy, I received a notice from the DBPR that my license was delinquent. I just got my license the first of this year, so I didn’t think I had to do anything. Help!

- Sherry Sherry, I’ve been getting several cries for help! Others are confused too. You DO have to renew your license, but you don’t have to take any CE hours in your first partial license period. Remember, all licenses expire on September 30 of an even-numbered year. Your next renewal and CE hours will be due no later than September 30, 2026. You’ll want to attend the YES/Yearly Educational Summit in August and get all your CE hours.

- Betsy Betsy, Do all the voting rules come from our own documents, or does Florida mandate some parts? I am planning on incorporating a voting change to our bylaws at our community dinner meeting because I think it is our only opportunity to get a quorum. My plan is to pass out ballots to verified lot owners at the door to vote. If we get a quorum, we vote. Notices to all lot owners will go out 15 days ahead of the meeting. Do you think I can do that? Our rules state 56 January 2025 FLCAJ | www.fcapgroup.com

if we get a quorum, then the ballot must have 67 percent approval. If there is no quorum, there is no vote.

- Richard Rick, If you are going to amend any of your documents, bylaws included, there is a statutory process to follow: All voting is on a limited proxy/ written vote of owner form whether owners are present or are using mail, hand delivery, or email.

The amendment must be presented to the owners with the paragraph(s) to be changed and edited so every word and punctuation mark that is being removed are stricken through, and every word and punctuation to be added is underlined. The intent is that an owner can see immediately what the original language said and what the proposed changes are. It is the same way legislation goes through the House and Senate while being considered.

The proposed amendment must be provided to the owners at least 14 days before the meeting with a notice and agenda, and you’ll need to complete an affidavit of mailing.

You’ll mail the limited proxy/written vote of owner at the same time with the motion to amend clearly described on the form with a place to check YES or NO, a signature line for the owner/designated voter, and the address or lot number.

You must have a sign-in roster at the front door, making sure the owner or designated voter signs in to the meeting. The sign-in sheet, written votes of owners, and the tally sheets are kept as official records.

Assuming the vote passes, then the certificate of amendment and the bylaws amendment are signed and notarized by the president, secretary, and two witnesses. Then it is recorded in the Lake County Public Records.

This process is not as simple as having owners vote at the dinner meeting.

- Betsy n

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FLORIDA COMMUNITY ASSOCIATION JOURNAL As a community association manager or board member, you make crucial decisions for your community. Don't miss out on the insights and updates that can help you make informed choices. Subscribe now to the Florida Community Association Journal and receive every issue delivered directly to your mailbox.

Visit www.fcapgroup.com/flcaj/subscribe/ to secure your subscription and never miss an issue.

www.fcapgroup.com | FLCAJ January 2025 59

Photo courtesy of Kaye Bender Rembaum

REMBAUM'S ASSOCIATION ROUNDUP

The Obligation to Maintain Official Records

BY JEFFREY A. REMBAUM, ESQ.

60 January 2025 FLCAJ | www.fcapgroup.com

T

he following scenario happens all too often. A member makes a written records request to inspect the official records of the association and proceeds to provide a laundry list of documents that the member wants to inspect. In response, the association may arrange to have the member come to the property management office to inspect the records or, if the laundry list is not extensive, provide the requested records to the member by making copies or providing them electronically. Sometimes, however, associations do not always maintain official records in accordance with the requirements of Chapters 718 and 720, Fla. Stat., and an association may argue that it gave the member what it could,

so that is all that really matters, right? Wrong! If your association operates this way, you are in for a surprise.

In the case of William Pecchia and Kathleen Porter v.

Wayside Estates Home Owners Association, Inc., 388 So. 2d 1136 (Fla. 5th DCA 2024), litigation initially arose between the homeowners (Pecchia and Porter) and the association due to the belief by Pecchia that the association was failing to maintain the common area and that the association was not enforcing violations. Pecchia observed that over the years the association lowered annual assessments and seemed to spend less money on maintenance despite observable deteriorating conditions to the property.

Accordingly, Pecchia

JEFFREY REMBAUM, PARTNER, KAYE BENDER REMBAUM Attorney Jeffrey Rembaum has considerable experience representing countless community associations that include condominium, homeowner, commercial, and cooperative associations throughout Florida. He is a board-certified specialist in condominium and planned development law and is a Florida Supreme Court circuit civil mediator. Every year since 2012 Mr. Rembaum has been inducted into the Florida Super Lawyers. He was twice awarded as a member of Florida Trend’s Legal Elite. Kaye Bender Rembaum P.L. is devoted to the representation of community and commercial associations throughout Florida with offices in Palm Beach, Broward, Hillsborough, and Orange Counties (and Miami-Dade by appointment). For more information, visit kbrlegal.com.

requested to inspect the association’s records including copies of several years’ worth of insurance policies and certain records relating to the association’s upkeep of lots and common areas, including financial statements, canceled checks, and bank statements. The association did not respond to Pecchia’s records request in the statutory timeframe of 10 working days, and when it finally did respond, only copies of some of the requested records were provided. Eventually Pecchia submitted a renewed request for records, and then the parties negotiated for several months to no avail.

Finally Pecchia filed for injunctive relief against the association. Initially

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Pecchia was unsuccessful in convincing the trial court that the association failed to maintain and produce requested records and was unsuccessful in obtaining an injunction against the association mandating that the requested records be provided. She appealed.

However, on appeal the Appellate Court found the following: (1). The association did not sufficiently comply with the requirements of section 720.303, Fla. Stat., (which pertains to HOA official records requests); and (2). The association did not sufficiently comply with its obligations to maintain its common area and properly enforce violations of the governing documents.

During the trial court proceedings, in regard to whether the association sufficiently complied with section 720.303, Fla. Stat., the trial court found that the association did not provide copies of requested insurance policies but that the association was not statutorily required to provide requested bank statements and canceled checks because section 720.303(4), Fla. Stat., only requires that an association maintain “accounting records.” Despite the lack of the association providing all of the records requested by Pecchia, the trial court found that the association had provided “sufficient documents in response to the Plaintiff’s request.” Further, while the trial court found that while the requested records were not provided within the statutory timeline, the association

62 January 2025 FLCAJ | www.fcapgroup.com

was not in violation because “sufficient” documents were eventually provided to Pecchia’s request. The appellate court disagreed!

On appeal, the appellate court found that the trial court misinterpreted section 720.303(4)-(5), Fla. Stat., when it held that the association had sufficiently complied with the statute. In short the appellate court found that the use of the word “shall” in the foregoing sections meant that there was no flexibility in the association’s obligation to maintain records provided for in section 720.303(4) and to permit inspection in accordance with section 720.303(5). The appellate court went on to discuss the meaning of the word “shall” (i.e., being mandatory) and the meaning of the word “may” (i.e., being permissive).

IN SHORT THE APPELLATE COURT FOUND THAT THE USE OF THE WORD “SHALL” IN THE FOREGOING SECTIONS MEANT THAT THERE WAS NO FLEXIBILITY IN THE ASSOCIATION’S OBLIGATION TO MAINTAIN RECORDS PROVIDED FOR IN SECTION 720.303(4) AND TO PERMIT INSPECTION IN ACCORDANCE WITH SECTION 720.303(5).

Additionally, the appellate court discussed that pursuant to other subsections of section 720.303, Fla. Stat., financial penalties are provided for beginning on the 11th business day in which an association does not make records available. In the aforementioned case, although the association ended up providing (or making available for inspection) some of Pecchia’s requested records, it did not provide access to all of Pecchia’s requested records, including insurance records, bank statements, and canceled checks, all of which the appellate court held would be “included in the financial and accounting records which a homeowners’ association is required to maintain.”

Additionally, the records provided were provided after the statutory deadline. As stated by the appellate court, “[S]ections 720.303(4) and (5) do not provide for substantial compliance. Rather, the language of the statute clearly provides that a homeowners’ association “shall” (1) maintain all items enumerated in 720.303(4) and (2) make them available to the homeowners within ten business days upon request [for inspection or by providing the records requested]. This language is mandatory.”

In regard to finding that the association did not maintain the common areas, there is scant mention as to why the appellate court found this to be the case.

Those involved with homeowners’ associations should also be aware of some recent legislative changes that became effective and pertain to official records and are incorporated into the most recent revision to section 720.303, Fla. Stat. For example, by January 1, 2025, an association

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with 100 or more parcels is required to post many, but not all, of its official records on its website or make such documents available through an application that can be downloaded on a mobile device. Additionally, homeowners’ associations are now required to maintain most of their official records for a period of seven years unless the governing documents of the association provide for a longer period of time. Also, homeowners’ associations must adopt written rules governing the method or policy by which the official records of the association are to be retained and the time period such records must be retained.

For those involved with condominium associations, there are also some recent legislative changes pertaining to official records that became effective and are incorporated into the most recent revision to section 718.111, Fla. Stat. For example, by January 1, 2026, an association managing a condominium with 25 or more units—which does not contain timeshare units—shall post copies of its official records on its website or app. If official records are posted on the association’s website or app, the association may direct the unit owner or their authorized representative to the website or app (at this time HOAs may not do similarly). Clarification is provided that email addresses and fax numbers are only accessible to unit owners if such owner has consented to receive their official notices by electronic transmission or has personally indicated that such personal information may be shared with other unit owners. Official records now include all invoices, transaction receipts, or deposit slips that substantiate any receipt or expenditure of funds by the association, copies of building permits, and all satisfactorily completed board member educational certificates. Additionally,

66 January 2025 FLCAJ | www.fcapgroup.com

HOMEOWNERS’ ASSOCIATIONS MUST ADOPT WRITTEN RULES GOVERNING THE METHOD OR POLICY BY WHICH THE OFFICIAL RECORDS OF THE ASSOCIATION ARE TO BE RETAINED AND THE TIME PERIOD SUCH RECORDS MUST BE RETAINED.

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official records must now be maintained in an organized manner that facilitates inspection by a unit owner. A condominium association must now provide a checklist of all records made available for inspection and copying along with records that were not made available to the requester. The condominium association must retain the checklist provided to every requesting member for at least seven years. If a director, board member, or manager knowingly, willfully, and repeatedly (i.e., two or more times in a 12-month period) fails to provide official records, such person commits a misdemeanor of the second degree. Finally, if a person willfully and knowingly refuses to release official records with the intent to avoid or escape detection, arrest, trial, or punishment, then it is the equivalent of a felony of the third degree.

To conclude, all community associations should be diligent, prompt, and thorough in responding to official records requests. While associations are not required to “cherry pick” and provide specific records that a member demands to inspect, associations have the obligation to maintain the official records and provide an opportunity for members to inspect the official records. If you are unsure of which records must be posted to the association’s website, or if you are in doubt as to your association’s responsibility in regard to official records and official record requests, then be sure to consult with your association counsel regarding these important responsibilities. n 68 January 2025 FLCAJ | www.fcapgroup.com

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Budgeting Challenges

BY HOWARD J. PERL, ESQ.

C

ome gather ‘round people Wherever you roam And admit that the waters Around you have grown And accept it that soon You’ll be drenched to the bone If your time to you is worth savin’ And you better start swimmin’ or you’ll sink like a stone For the times they are a-changin’ “The Times They Are A-Changin” (Bob Dylan, 1963)

70 January 2025 FLCAJ | www.fcapgroup.com

The old Bob Dylan song is certainly appropriate to today’s community association industry.

Hurricanes, floods, insurance rates, and new laws have combined to form what could be called the “perfect storm” to devastate association budgets, and in particular condominium and cooperative budgets.

While the “perfect storm” applies in some respects to homeowner associations, this article will focus on condominium and cooperative associations and how your association can face these changes and adapt while attempting to control skyrocketing assessment increases.

A brief recap of how we got here follows: •

2017—Start of a slew of named hurricanes impacting Florida (Irma, Michael, Ian, Helen, Milton)

HOWARD PERL, SHAREHOLDER, BECKER Howard Perl has been involved in all aspects of community association law, including transactional, collections, mediation, arbitration, construction defects, and litigation. He is Florida Bar Board Certified in Condominium & Planned Development Law and is certified by the State of Florida as a facilitator for continuing education credit courses for community association managers. He has prepared and conducted informational seminars for continuing education credits for community association managers and board members. Howard handles community association arbitration and mediation cases as well as community association-related litigation. For more information call 954-987-7550, email hperl@beckerlawyers. com, or visit www.beckerlawyers.com.

• • • •

2021—Champlain Towers South collapse 2022—New laws establish milestone inspections in Florida 2022—New laws establish structural integrity reserve study (SIRS) 2026—New laws mandate full funding of all structural reserve components (owners can no longer waive funding of these structural reserves).

The perfect storm started with the insurance industry. In the wake of the billions and billions of dollars in damages due to hurricanes,

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many companies left the Florida market completely, Those that remained significantly raised their rates and in many cases required community associations to pay for new roofs just to renew their insurance policies. Once the milestone inspections and SIRS laws went into effect, some carriers began requiring any required structural repairs to be completed and are requesting association budgets, in order to review reserve funding, as part of the renewal process.

The perfect storm continued with the new laws requiring milestone inspections and SIRS funding and came to a head with the requirement that SIRS components be fully funded in the 2025 budget, with no option of the owners waiving SIRS reserve components.

Combining all of the above, many associations are facing special assessments in the tens of thousands or even hundreds of thousands of dollars. Some associations have levied several special assessments of this amount for required repairs and maintenance. What steps, if any, can an association take at this point in an attempt to control costs, keep budget increases to a minimum, and properly fund reserves to hopefully preclude similar special assessments in the future?

BUDGETING

Budgeting should be a year-round process for the association, its board members, and manager. Planning for the next year ’s budget should begin in January of the current year. The vast majority of associations I have been involved with start thinking about next year ’s budget in October or November, usually at the behest of a frantic manager who has been trying to get the board to deal with the new budget since July.

Boards should consult with their managers regarding numerous ways to efficiently cut costs without affecting services.

Energy surveys, lighting upgrades, variable frequency drives, effective use of timers, review of insurance policies, and aggressive collection of past due accounts are some methods to cut costs without affecting services, and in most cases they actually increase services and efficiency of operations. Finding new revenue streams may also help, such as newsletter advertising, event sponsorships, leasing common areas, etc.

Vendor contracts should be reviewed annually to negotiate better rates and keep increases in check. Vendors with a long-term relationship with the community are more prone to negotiating cost increases and assisting the association in maintaining quality services.

If the association does not have a building that is fully hurricane protected with shutters or impact windows, significant insurance savings may be realized by having the entire building outfitted with hurricane shutters or impact windows. Requiring all owners to install hurricane shutters or impact windows can be accomplished in several ways—an amendment to your declaration or by following certain statutory requirements to do so. If your building does not have this complete exterior hurricane protection, check with your association attorney as to the association’s 72 January 2025 FLCAJ | www.fcapgroup.com

options to implement such mandatory protection to reduce your insurance premiums.

As assessments and special assessments have increased, so have delinquent assessments.

While boards can be and are sympathetic to owners with legitimate problems in paying such increases, the board’s duty to the rest of the owners requires the board to aggressively pursue past due assessments. There are ways to assist owners with legitimate issues; but generally an aggressive pursuit of assessments is a necessity in today’s community association world. New laws require the association to take certain actions before turning over a unit to the attorney for collections. An association should have a written policy with deadlines and procedures.

Collecting past due assessments on a willy-nilly basis will usually have a significant impact on your budget, requiring increases in assessments for all owners. Talk with your association attorney to establish such a policy, and then enforce the policy.

RESERVE FUNDING

Arguably reserve funding is the real reason for the entire financial mess now facing community associations in Florida. Until the law was changed in 2022 to go into effect in 2025 (or 2026, if properly waived), condominium and cooperative owners could be given the option to partially fund or waive the reserve funding required by statute.

While boards were required to prepare budgets with full reserve funding, the owners could be given the option to reduce or waive reserve

funding with a proper membership vote. Reserve funding was usually a big-ticket item, and in order to keep assessments from increasing, or only slightly increasing many boards gave the owners the opportunity to reduce or waive reserves. To keep their assessments from rising, most owners gladly approved such a reduction or waiver year after year after year. When the time came for the required item to be performed, such as reroofing or painting, a special assessment was passed to pay for the required maintenance. A popular refrain from board members for years was, “We have not raised assessments in three, four, five, or six years.”

When I asked one older owner why they always waived reserves instead of just properly funding them, his reply was, “I don’t buy green bananas.”

That all changed in 2022, and these changes will be effective in 2025 or 2026. SIRS components will have to be fully funded in 2026 and cannot be waived by the membership.

Based on the history of the vast numbers of associations that have routinely reduced or waived reserves over the years, this will lead to significant increases in reserve funding of the budget for most condominium and cooperative associations in Florida. What, if anything, can an association do to try to mitigate this effect on its owners?

One option many associations are using is pooled reserves. Pooled reserves versus straight-line reserves are an entire article unto itself. Most associations are familiar with the standard straight-line reserves.

Pooled reserves are a system where you reserve the amount for each year based on what is expected to be expended that year.

Pooled reserves also allow a board to use any funds from the pool to pay for any of the items in the pool. This process may reduce reserve assessments for some years, especially the early, initial years, but if there is an unexpected expense from the pooled funds (for example, if your roof needs to be replaced in 10 years instead of 20), you will have to replenish the pool the following year, taking into account the renewed term before the roof has to be replaced again. Pooled reserve schedules should be prepared by a reserve specialist or your accountant, not the association, association manager, or management company. If you do use pooled reserves, you will need to have separate pools for SIRS and nonSIRS components. The association should discuss this with its association attorney before implementing it. The association will also want to discuss with its association attorney the procedures required to move current reserves, whether straight line or pooled, into any new pooled reserve accounts.

Another way you may be able to reduce reserve assessments is by using any excess special assessment funds to fund reserves. Any excess special assessment funds either have to be returned to the owners or be used to offset future assessments. If your association has excess special assessment funds, consult your association attorney to see how these may be used to offset future reserve assessments.

Unfortunately, the time has passed for gradually increasing reserve assessments so that any future reserve funding is less than initially anticipated. Many associations began that path in 2023.

CONCLUSION

Begin your budgeting process in January by planning out and conducting energy surveys, reviewing vendor contracts, considering energy saving devices, reviewing insurance policies, and evaluating other items as may be suggested by management.

Aggressively collect past due assessments year-round in accordance with the association collection policy.

Review your reserve schedule with your reserve specialist and see if pooled reserves will work for your association. Consult with your association attorney before moving any current reserves into any new pooled reserve accounts.

The line it is drawn The curse it is cast The slow one now Will later be fast As the present now Will later be past The order is rapidly fadin’ And the first one now will later be last For the times they are a-changin’ Bob Dylan The Times They Are A-Changin’ lyrics © Universal Music Publishing Group n www.fcapgroup.com | FLCAJ January 2025 73

Photo by iStockphoto.com/krblokhin

The Florida Legislative Process

BY ANSBACHER LAW

T

he Florida legislative process is a carefully structured journey that every bill must navigate before it can become law. This process carries on through scrutiny and debate, reflecting our democratic values and focusing on procedural integrity. Each step is crucial, involving multiple states of review, approval, and collaboration. From its initial filing to its final presentation to the governor, a bill undergoes several critical phases. After filing, the bill is introduced to several relevant committees. Within these committees it faces examination, potential amendments, and debates to refine its provisions.

Once the bill progresses to the floor of both the House and Senate, it must pass through several readings and votes. Each reading provides opportunities for further amendments and debates. Once approved by both the House and Senate, it will enter the final stages of engrossment and enrollment, where all 74 January 2025 FLCAJ | www.fcapgroup.com

amendments are fully incorporated and the final version is prepared. This journey culminates when the enrolled bill is presented to the governor, who then has the power to sign it into law, veto it, or allow it to become a law without a signature.

LEGISLATIVE SESSION DATES

The Florida legislature (House of Representatives and Senate) meets in session once a year for 60 consecutive days. A regular session begins each calendar year, but the start date varies between January and March, depending on the election year. During session it is crucial to check calendars to track bills and committee meetings (see important dates chart on page 76.)

FILING NEW LEGISLATION

Beginning in the fourth quarter of the year before each session, state senators and representatives “prefile” bills that they want considered in the upcoming session. Pre-filed bills

ANSBACHER LAW Serving the entire state of Florida from its five offices with 10 accomplished attorneys and a dedicated staff of 35, Ansbacher Law works hard to make sure they are the attorneys you want on your side. Ansbacher Law is full service and able to handle all of your community’s legal needs. Whether your association needs a contract reviewed, amendment to your governing documents, collections, or representation to address construction defects, our firm has an experienced legal team that can assist. From its inception Ansbacher Law’s mission has been to provide high-quality legal services with integrity, professionalism, and respect for the firm’s clients and the community. Over 25 years later Ansbacher Law’s mission still rings true.

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are formal proposals that provide legislative staff time to document, package, and format measures with greater detail. When a bill is prefiled, it is given a number that corresponds to the calendar year of the session for which the filing occurs. The bills are then given numbers in a variable sequence based on the order of filing, with bills filed in the House given odd numbers and those filed in the Senate given even numbers.

Each bill is given a title; however, this title alone may not be entirely helpful to understand the bill. The Florida legislature’s Online Sunshine website provides access to bill summaries, bill text and analysis, legislative actions, and more. In addition, the website includes searchable reference guides that show which existing statutes are affected by the bill.

COMMITTEE ASSIGNMENT AND SUBSEQUENT STEPS

Once a bill is filed, the leadership of each chamber assigns the bill to relevant committees, which consider and have the option to approve, amend, or vote down the bill. Most bills are referred to three separate

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committees. Generally the bill must pass the first committee before consideration at the second committee and must pass the second before consideration by the third, often with amendments along the way. If a bill is not assigned to a committee, it typically means that leadership disfavors the bill, and it will not make it out of the process.

Legislative tracking accounts can be set up through both the House and Senate websites as well as through paid subscriptions such as LobbyTools.

Once a bill has been referred to a committee, the chair of the 76 January 2025 FLCAJ | www.fcapgroup.com

first committee decides when to have a hearing on the bill, and the committee staff will set a date/time on the agenda. There will often be an amendment to a bill shortly before the committee meeting to address concerns from lobbyists or committee members. Different version numbers will display on the website to reflect such changes, and it is important to ensure you are looking at the most updated version.

Another way bills “die” is by being left off the agenda. However, sometimes the sponsor of a dead bill will be able to add their proposed changes to another, more popular bill. This is sometimes known as a “rider” on a popular or “must-pass” bill. Additionally, instead of an amendment, a bill can be completely rewritten at committee. A committee substitution for the original bill is identified by the preface “CS” to the bill number.

POST-COMMITTEE PROCEDURES AND FULL HEARINGS

If a bill passes the final committee, it is then eligible to be heard by the full chamber of the Florida House or Senate, depending on which chamber initiated the bill. Often an identical, parallel bill exists in the

opposite chamber. This is referred to as a “companion bill” and is amended so that both bills in each chamber remain identical. Companion bills are necessary because parallel bills must be passed in both the House and Senate before they can be enrolled and presented to the governor.

Not every bill will be scheduled for a hearing on the full chamber floor, but those that are scheduled will be read three times. If approved all three times by a majority of the chamber, then it is sent to the opposite chamber for consideration. This transfer process is referred to as “messages.” If the identical language has not already been approved by the opposite chamber, then the chamber receiving the bill through messages will refer it to that chamber’s committees. If a bill does not pass in both the House and Senate before session ends, then it dies and must be filed for the next upcoming regular or special session.

ENGROSSMENT, ENROLLMENT, AND PRESENTATION TO THE GOVERNOR

A bill that has passed through both chambers is “first engrossed,” which means that all amendments, if any, to the bill are combined into a single document. The engrossed version is added as a separate bill version online. If there are no amendments occurring when a CS version completely replaces the prior version, there will not be an engrossed version.

There are two final steps in the bill’s journey after it has passed both chambers. First, it must be “enrolled,” meaning that a final version of the bill is created. When printing or analyzing bills before they are enacted into law, be sure to only use the enrolled version. The last step is transmitting the enrolled bill to the governor for the governor’s consideration.

There is no deadline for when the legislature sends bills to the governor, but it is typically arranged between the leadership and the governor’s staff. The transmission of a bill to the governor is shown on bill tracking websites as being “presented to the governor.”

THE GOVERNOR’S OPTIONS UPON RECEIVING A BILL AND BILLS BECOMING LAW

If a bill is presented to the governor before the end of session, then the governor has seven days to veto or sign the bill. If the governor does neither, then it becomes law without the governor’s signature. If the enrolled bill is presented after the end of session, then the governor has fourteen days instead of seven. Bills that are vetoed may be overridden by a super majority of the legislature at the next session; however, this is extremely rare. The governor may perform “line-item vetoes” for fiscal bills allocating money, allowing him/her to veto some allocations without vetoing the entire bill.

Each bill that becomes a law is sequentially numbered beginning with the legislative year, followed by the order in which it becomes law.

For example, the first bill which becomes law in the 2025 legislative session will be “2025-1” laws of Florida. Then the legislative websites will create a link to the PDF file now labeled as a law. Once a bill becomes a law, use this version instead of any bill version.

Depending on various circumstances, we often do not know which bills will become law or which will be vetoed by the governor until midto late July following the session. The Division of Condominiums will

therefore typically not approve a legislative update course for that year until late July or early August.

CODIFICATION INTO THE FLORIDA STATUTES

In the third or fourth quarter of each year, the legislative staff will amend the document containing all the laws of Florida, referred to as the Florida Statutes. The statutes are simply an organized version of all the current laws of Florida, which is referred to as a “codification.” Each version of the Florida Statutes is numbered to correspond to the most recent legislative session.

The statutes are not updated “on the fly,” but rather only after all of the laws for each session have been passed or vetoed.

Review the year to ensure whether online statutes are current. The available statutes for any given calendar year will be out of date until codification incorporates all of the changes.

Be careful to also check if there are relevant changes by a new Florida law that will be included in the next update of the statutes.

Also, although some laws become effective immediately upon approval by the governor, other laws have a delayed effective date. Statutes typically do not include language regarding effective dates, so it is necessary to review the law itself for such provisions. Sometimes a statute will have a footnote if there is a delay effective, but this is not always the case. Furthermore, the legislative staff has the discretion to change the statutory number to a sequence it believes is more logical rather than using the statutory citation included in the bill. n www.fcapgroup.com | FLCAJ January 2025 77

FLORIDA LAW

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Hot Off the Presses!

BY MICHAEL J. GELFAND, ESQ.

T

This month Gelfand & Arpe follows up on three continuing issues of widespread interest and concern for Florida community associations: the current suspension from the reporting rule mandates of the federal Corporate Transparency Act, continuing pitfalls of assessment collection notices, and whether directors can be required to attend a deposition.

CTA Filing Requirement Suspended Associations are provided with a reprieve, albeit perhaps temporary, from the reporting rule mandates of the Corporate Transparency Act, commonly referred to as the CTA. The law was implemented to combat an increasing source of money for illegal activity, especially suspected terrorism and money laundering through real estate or other business entities.

Readers of the firm’s Memorandum to Clients series have 78 January 2025 FLCAJ | www.fcapgroup.com

followed community associations’ efforts to grapple with CTA implementation. Reporting rule regulations, first developed as far back as the initial Trump administration, set a deadline of January 1, 2025, for most corporations to register their “beneficial owners,” defined as not just owners but also those who have substantial control over an entity.

Until recently court complaints challenging the CTA have not been successful.

Notably, this autumn a claim specifically seeking an injunction against requiring community associations from filing was denied.

Now, a Texas U.S. District Court entered a preliminary injunction prohibiting enforcement of the reporting rule and specifically holding that

MICHAEL J. GELFAND, ESQ., SENIOR PARTNER, GELFAND & ARPE, P.A. Michael J. Gelfand, Esq., the senior partner of Gelfand & Arpe, P.A., emphasizes a community association law practice, counseling associations and owners how to set legitimate goals and effectively achieve those goals. Gelfand is a dual Florida Bar board-certified lawyer in condominium and planned development law and in real estate law, a certified circuit and county civil court mediator, a homeowners’ association mediator, an arbitrator, and parliamentarian. He is a past chair of the Real Property Division of the Florida Bar’s Real Property, Probate & Trust Law Section, and a Fellow of the American College of Real Estate Lawyers.

Contact him at ga@gelfandarpe.com or 561-655-6224.

reporting companies do not need to comply with the beneficial owner filing deadline. The Court limited its analysis to Congress’s constitutional authority and found it lacking under the authority of the commerce clause, lacking the authority to regulate national security and lacking authority to tax.

For now it appears that Florida community associations may suspend efforts to file beneficial owner reports. How long this suspension will last is impossible to determine. Because the decision is subject to appeal, and because the reporting rule has been the product of at least

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www.fcapgroup.com | FLCAJ January 2025 79

the last two presidential administrations, it is not a safe bet that the new administration will rescind the reporting rule.

Stay tuned!

COLLECTIONS: DISCLOSING A DISPUTE

It is not unusual for associations to send a notice letter to an owner who is delinquent in paying assessments. In fact, many associations have found that to be fiscally responsible, and they have adopted a policy of “to be fair to those who pay on time, all must pay on time.”

Implementing a collections system, Florida associations must be attuned to not just Florida’s Condominium, Cooperative, and Homeowners’ Association Acts, but also separately categorized debt collection laws. When there is a focus, associations may mistakenly zero in on just federal requirements, ignoring Florida’s different and sometimes stricter debt collection requirements.

Do you know whether your letters and other notices comply with the Florida debt collection law? What happens if the letters do not contain all of the necessary information?

Recently a Florida appellate court answered that last question, at least in part, when ruling that it was error to dismiss a debtor’s complaint alleging a violation of the Florida Consumer Collection Practices Act where the debtor failed to allege that the debt collector knew that the dispute was “reasonable.” The facts in Baldwin v. Laboratory Corporation of America, 49 Fla. L. Weekly D 1964 (Fla. 5th DCA, September 27, 2024), indicate that Laboratory Corporation of America (Labcorp) sent Baldwin a bill for $321 for lab work. Baldwin maintained that he paid the bill while Labcorp maintained that the bill remained unpaid.

Thereafter, Labcorp sent Baldwin a notice stating: “Failure to pay the past due amount will result in referral to a third-party collection agency and potentially affect your credit score.” Baldwin sent Labcorp a letter disputing the amount, which resulted in Labcorp sending a Final Notice to Baldwin that his account would be referred to a collection agency.

Baldwin sued Labcorp for violating the Florida Consumer Collection Practices Act, Section 559.72(3), Fla. Stat. (2022), by uttering threats, including the threats in its notice to disclose the debt to a third party without also notifying him of his right to have the dispute disclosed.

Labcorp moved to dismiss, arguing that Baldwin failed to allege that the debt was “reasonably disputed.” The trial court agreed with Labcorp and dismissed the case.

The Florida appellate court reversed, finding that the trial court erred in dismissing the case. The court noted that Section 559.72(3) provides the following: In collecting consumer debts, no person shall…[t]ell a debtor who disputes a consumer debt that she or he or any person employing her or him will disclose to another, orally or in writing, directly or indirectly, information affecting the debtor’s reputation for credit worthiness without also informing the debtor that the existence of the dispute will also be disclosed as required by subsection (6).

The court further noted that Subsection (6) provides that a debt collector shall not “[d]isclose information concerning the existence of a debt known to be reasonably disputed by the debtor without 80 January 2025 FLCAJ | www.fcapgroup.com

disclosing that fact.”

The court rejected Labcorp’s interpretation of the statute. “To accept Labcorp’s argument in this case—that it had to know Baldwin’s dispute was reasonable before subsection (3) required it to notify him of his rights under subsection (6)—would require us to engraft by implication that which the Florida Legislature did not write with its pen,” the court stated. “This, we will not do.” The court ruled that Labcorp’s obligation to notify Baldwin that the existence of the dispute would be disclosed was not dependent upon Labcorp’s knowledge that the dispute was reasonable.

This case can have grave implications for associations which send out collection notices to delinquent owners. If the language in the notices does not properly comply with Florida’s Consumer Collection Practices Act, an association may face liability. Contact your association’s attorney for any questions.

LITIGATION—MUST A PRESIDENT ATTEND A DEPOSITION?

Florida community associations are regularly subject to litigation. Sometimes it is filed by the association, other times filed by a member, or still otherwise by a third party such as a contractor or other vendor.

Frequently there is a demand that the association’s president or other director be hauled in for a deposition.

What if that officer or director does not have any personal knowledge of facts about the litigation? Is there a way to prevent the deposition?

In an analogous situation,

THIS CASE CAN HAVE GRAVE IMPLICATIONS FOR ASSOCIATIONS WHICH SEND OUT COLLECTION NOTICES TO DELINQUENT OWNERS. IF THE LANGUAGE IN THE NOTICES DOES NOT PROPERLY COMPLY WITH FLORIDA’S CONSUMER COLLECTION PRACTICES ACT, AN ASSOCIATION MAY FACE LIABILITY. CONTACT YOUR ASSOCIATION’S ATTORNEY FOR ANY QUESTIONS. the issue was addressed. In McLane Foodservice, Inc. v. Wool, 49 Fla. L. Weekly D 2011 (Fla. 3rd DCA, October 2, 2024), the facts show that Wool, an employee of a Kentucky Fried Chicken restaurant, allegedly was injured while unstacking boxes of chicken delivered to the restaurant. Wool sued McLane Foodservice Inc., the company that delivered the food, for negligence.

First, Wool deposed the delivery company’s corporate representative regarding the incident and company policies. Thereafter, Wool moved to compel discovery of the president of the company. The president moved

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for a protective order claiming she had no information pertaining to the facts or issues being litigated. The trial court granted the motion to compel the deposition of the president.

The Florida appellate court quashed the order, finding that Wool failed to demonstrate that she exhausted other discovery and that the president had unique, personal knowledge of discoverable information. The court noted that the “Apex Doctrine,” codified in Fla. R. Civ. Proc. 1.280(h) protects “high-level corporate officers from the risk of abusive discovery, while still honoring opposing litigants’ right to depose such persons if necessary.”

The court explained that the president provided an affidavit stating that she lacked unique, personal knowledge of the issues being litigated. The Apex Doctrine rule then requires that the person seeking the deposition demonstrate that he or she has exhausted other discovery, that such discovery was inadequate, and the officer has unique, personal knowledge of discoverable information. In this case, Wool failed to satisfy these burdens.

What is the lesson of this recent decision? When a litigant seeks to depose an association director or officer, the litigant must jump through hoops if the person to be deposed asserts they do not have any personal knowledge of what is being litigated. Note, this is not a perfunctory assertion; the statement usually must be clear and under the penalties of perjury! n www.fcapgroup.com | FLCAJ January 2025 81

CAM MATTERS

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Speak with CLARITY

BY BETSY BARBIEUX, CAM, CFCAM, CMCA

82 January 2025 FLCAJ | www.fcapgroup.com

E

ffective communication is the cornerstone of a successful community association. When residents feel heard, they are more likely to be engaged and contribute positively to the community. When board members each have an equal say at board meetings, they are more likely to walk away from that meeting united.

However, miscommunication can lead to misunderstandings, conflicts, and a breakdown in community cohesion.

Using the word CLARITY as an acronym, we can explore some points for better communication, debunk some myths, and communicate with understanding. Several of these points you’ve read about in previous articles.

The acronym CLARITY provides a helpful framework for effective communication.

Connect—Establish rapport and build trust with fellow board members and residents.

Listen—Actively listen to directors’ and residents’ ideas.

Acknowledge—Validate fellow directors’ and residents’ feelings and perspectives.

Respond—Provide clear and concise responses to inquiries.

Inquire—Ask open-ended questions of fellow board members to encourage deeper conversations.

Transparency—Be transparent in your communication and decision-making processes (the law requires it).

Your Intentions—Always communicate with good intentions and focus on building a positive community.

UNDERSTANDING COMMUNICATION STYLES

The following are the four primary communication styles: Assertive—This style involves clear and respectful expression of needs and setting boundaries. Assertive communicators are direct and honest while also considering the opinions and feelings of others. They say what they mean and mean what they say.

Passive—Passive communicators tend to hold back their thoughts and opinions to avoid conflict. The conversation and decisions may stall while they try to figure out how to make everyone involved happy. They may not express their needs directly, leading to resentment and misunderstandings on their part. Others in the conversation are left to guess what they really want.

BETSY BARBIEUX, CAM, CFCAM, CMCA, FLORIDA CAM SCHOOLS

Betsy Barbieux, CAM, CFCAM, CMCA, guides managers, board members, and service providers in handling daily operations of their communities while dealing with different communication styles, difficult personalities, and conflict.

Effective communication and efficient management are her goals. Since 1999 Betsy has educated thousands of managers, directors, and service providers. She is your trainer for life!

Betsy is the author of Boardmanship, a columnist in the Florida Community Association Journal, and a former member of the Regulatory Council for Community Association Managers. Subscribe to CAM MattersTM at www.youtube. com/c/cammatters. For more information, contact Betsy@FloridaCAMSchools.com, call 352-326-8365, or visit www.FloridaCAMSchools.com.

Aggressive—Aggressive communicators are direct but often at the expense of others’ feelings. They may be overly critical or dominating in their communication style. You may feel like you are in a verbal contest and there will be a “winner” and a “loser.” You get the distinct feeling you will be the “loser.”

Circular—Circular communicators’ conversations jump from topic to topic, point to point, and involve detailed stories about people, places, and things. To converse with them means you must keep pulling them back to the point of the conversation. Though they may seem to make a decision, they are likely to change their mind later.

As a community association manager, it’s important to be aware of your own communication style and the styles of others. Strive for an assertive communication style, which promotes open and honest dialogue while maintaining respect for all.

MATCH YOUR MESSAGE

It is possible a misunderstanding could be caused because your message does not match the messenger.

If you have dark hair and dark eyes, before you open your mouth, you may be perceived as assertive. If you are tall or wide or have dark skin, you may be perceived as being aggressive.

If you have light hair and light eyes, before you open your mouth, you may be perceived as passive or circular. If you are shorter or slimmer or have fair skin, you may be perceived as being passive.

A strong northern accent is perceived as more assertive or aggressive than a southern one.

DEBUNKING COMMUNICATION MYTHS

Several common myths can hinder effective communication. Let’s debunk the few that follow : Silence Equals Understanding—Not everyone interprets silence the same way. Silence can be a sign of agreement, disagreement, confusion, or simply a need for time to process information. It’s important to clarify misunderstandings and seek feedback to ensure clear communication.

Longer Conversations Are Better—Clear and concise messages are more effective than lengthy ones. Get to the point and avoid rambling.

It’s What You Say That Matters—Tone and body language carry www.fcapgroup.com | FLCAJ January 2025 83

A COMMON COMPLAINT FROM BOARD MEMBERS IS THAT OTHER BOARD MEMBERS MAKE DECISIONS WITHOUT CONSULTING THE REST OF THE BOARD OR WITHOUT HAVING A BOARD MEETING.

more weight than words. Pay attention to your nonverbal cues as they can convey your true intentions and emotions.

Outgoing People Communicate Best—Whether outgoing or reserved, effective communicators actively listen, ask thoughtful questions, and express themselves clearly.

Feedback Equals Criticism—Good feedback helps improve, not tear down. Provide constructive feedback in a supportive and respectful manner. Feedback is nonjudgmental and provides a course forward.

Criticism is usually spoken with contempt and is intended to demoralize or “win.”

BENEFITS OF STRONG COMMUNICATION

Effective communication can lead to numerous benefits for community associations.

Aligned Teams—Better communication leads to fewer misunderstandings and increased collaboration among board members, staff, and volunteers.

Increased Trust—Transparency builds stronger relationships between board members and residents.

Productive Meetings—Clear agendas and open discussions where 84 January 2025 FLCAJ | www.fcapgroup.com

all board members have equal say make meetings more effective.

Faster Problem Solving— When each board member can share his or her ideas without arguing, solutions can be uncovered faster. Be prepared for your board meetings—read through your board meeting materials ahead of time.

Stronger Feedback Loops— Feedback helps teams grow and improve.

Lower Conflict—Clear communication reduces the chances of disagreements.

Better Relations—There is less strife and gossip when communication is consistent.

The common complaint from owners is no one calls them back or responds to their inquiries. A common complaint from board members is that other board members make decisions without consulting the rest of the board or without having a board meeting. Many of these complaints could be avoided if we used CLARITY. n

Editor’s Note: FLCAJ would like to congratulate these four outstanding 2024 Readers’ Choice Awards winners! (For a full list of 2024 RCA winners, please read the March 2024 issue or visit www.fcapgroup.com/flcaj/readers-choice/. that fits their needs.

To learn more about how Castle Group can serve your community, request a proposal at www.castlegroup.com/ request-a-proposal.

Castle Group

Diamond Level Winner—Management Companies (Winner 2024 and ten previous RCA wins) Castle Group is the premier choice for property management; we specialize in serving the finest residential communities. With over 2,500 dedicated team members, we are the preferred service provider for over 500 associations. Our philosophy stays the same no matter where we are—putting the resident first. At Castle, we call it Royal Service®.

Our focus is to provide our clients with a powerful combination of incredible people, streamlined systems, and advanced technology to deliver the best service to our communities. Since no two properties are identical, we’ve created a menu of services that allows our customers to tailor a solution

Promar Building Services

Diamond Level Winner—Concrete (including Balconies and Railings) and Painting and Waterproofing (Winner 2024 and four previous RCA wins) Promar Building Services LLC (Promar) is a locally owned, licensed, insured, and bonded certified general contractor. We have specialized experience since 1998 working on lowrise and high-rise buildings, parking garages, and recreational decks. We specialize in exterior painting, waterproofing, stucco repairs, and deck and walkway coatings as well as concrete restoration of balconies, catwalks, decks, and parking garages.

Promar’s primary goal is providing excellent customer service in addition

www.fcapgroup.com | FLCAJ January 2025 85

to offering quality workmanship to our clients. Our focus is to develop long-lasting relationships with our clients, allowing us to provide services that they need today and to be the first company they think of for any of their future needs.

We have maintained our primary goal by hiring highly skilled employees and listening to our clients’ needs.

We want to stand above the rest as well as earn the respect of all our clients.

For more information about Promar Building Services, call the company president, Alfredo Amador, at 561-598-4549, email AAmador@PromarBuilding. com, or visit www.promarbuilding.com.

Seacrest Services

Diamond Level Winner—Financial Services, Landscaping, and Management Companies (Winner 2024 and five previous RCA wins) Founded in 1968, Seacrest Services Inc. has professionally provided premium community management services since 1975, achieving complete customer satisfaction in all our communities.

Through steady planning Seacrest has brought its unique approach to property management and landscape maintenance to serve Palm Beach, 86 January 2025 FLCAJ | www.fcapgroup.com

Martin, and Broward Counties while continuing to offer the same commitment to excellence today as we did more than 49 years ago. The longevity of our clients is matched by the tenure of our employees. We maintain one of the highest levels of experienced employees in our industry, ensuring that your community association gets the professionalism and expertise it deserves.

With full-service community management services, professional accounting and financial services, 24/7 live customer service support, and complete landscaping and property maintenance services, Seacrest has the resources and knowledge to tailor a custom management plan for your community association.

As a proud recipient of the Diamond Level Readers’ Choice Award for both our property management and landscape services for the sixth year in a row, we would like to thank you for honoring us with your vote and trusting our services for over 49 years!

Discover the Seacrest difference for your community and let us “Lead Your Community into the Future” today!

For more information on Seacrest Services, contact us at 561-697-4990 or visit us at www.seacrestservices.com.

ONR

Platinum Level Winner—Technology and Communications (Winner 2024 and two previous RCA wins) ONR’s story is a journey of innovation from a humble start to becoming a leader in the community management software industry. It

all began in 2018 when visionary entrepreneurs Carlos Guzmán, Alan Guvoschi, Nicolás Turbay, and Ed Rodriguez set off to redefine how building associations operated. The founders would meet in a Miami garage to dream of transforming community management through a visionary approach.

The early exploration later became refined software, taking ONR quickly up the ranks and turning it into an indispensable tool for building associations across the country. The company has evolved to tackle challenges at every level, ensuring seamless operations—from revolutionizing package handling and enabling electronic amenity reservations and payments to streamlining front desk requests or facilitating electronic voting.

Today more than 1,000 condominiums and HOAs benefit from ONR. Thanks to its ever-expanding features and a dedicated team of over 50 rockstars around the globe committed to delivering practical solutions, ONR caters to the unique needs of digitally forward property managers, board members, owners, and residents.

Yes, the story of ONR is similar to that of some of the top companies in the country; it’s an example of how an idea, when combined with an entrepreneurial spirit, determination, innovation, and an unwavering commitment to a vision, can manifest a new reality that changes lives and communities.

For more information about ONR call 888-362-9711 or visit onrapp.com.

www.fcapgroup.com | FLCAJ January 2025 87

ACCOUNTING/AUDITING E R RO

The ERRO Group Co m m u n i t y A s s o c i a t i o n A c c o u n t i n g F i r m

Co m p re h e n si ve M ont hly Acco un ti n g S e r v ices Fi n a n ci a l Co n sult ing For HOA , Condo, & Com merci al Associ ati o n s

w w w. t h e e r r o g r o u p.c o m info@theerrogroup.com (786) 767 2111

APPRAISALS

BANKING

Cogent Bank 407-545-2662 www.cogentbank.com Moving You Forward

allianceassociationbank.com (888) 734-4567 A division of Western Alliance Bank.

Member FDIC.

ACCOUNTING/CPA

Monthly accounting and bookkeeping services for Florida Condos, HOAs, and Co-ops.

Monthly financial review meetings with a CPA. Hands-on financial support and guidance.

(954) 372-0138 info@condohoaaccounting.com www.condohoaaccounting.com 88 January 2025 FLCAJ | www.fcapgroup.com

Bank OZK 100 5th Street South St. Petersburg, Florida 33701 844-905-6975 www.OZK.com/association services

Get Your CFCAM fcapgroup.com/cfcam

First Citizens Bank www.firstcitizens.com/cab Popular Association Banking 7920 Miami Lakes Drive W. Miami Lakes, Florida 33016 800-233-7164 www.popularassociation banking.com Serving the community association industry exclusively.

INSURANCE

S pe c i a l i z i n g i n C o nd om i ni um a n d H om e ow ne r Ass oc i ati o ns

Truist Association Services 12485 28th Street N St. Petersburg, FL 33716 727-549-1202 or 888-722-6669 www.Truist.com/ AssociationServices

Serving Our Community Since 1962 Unit Owners, Policies, Life and Health (954) 943-5050 • npridemore@acrisure.com Gene Pridemore • www.acrisure.com/southeast

TRUST YOUR FINANCIAL ASSETS WITH A COMMUNITY BANK YOU CAN COUNT ON

SVP/Director of Specialty Products Richard.Alfonso@uscentury.com 305.715.5181

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J R Frazer, Inc. SIRS, RESERVES AND INSURANCE VALUATIONS

PUBLIC INSURANCE ADJUSTERS

800.298.0683 • jrfrazerent@aol.com

Sundeep Jay, RS, PRA 561.488.3012

www.JRFrazer.com

RESERVE ANALYSIS

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INSURANCE VALUATIONS

Fraga Consulting Group Headquartered in Miami, FL 305-317-1075 info@FragaConsultingGroup.com fragaconsultinggroup.com

Expert Reserve Services Inc. 433 Silver Beach Ave., Suite 104 Daytona Beach, FL 32118 866-480-8236 www.expertreserveservices.com Covering Florida's Insurance Valuation Needs Hunter Claims LLC 4613 N. Clark Avenue Tampa, Florida 33614 813-774-7634 www.hunterclaims.com

RICK ALFONSO

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The Turner Insurance Advisor Group 2121 NE Coachman Road Clearwater, Florida 33765 www.turnergroupfl.com

Herbie Wiles Insurance Agency 400 N. Ponce de Leon Boulevard St. Augustine, Florida 32084 800-997-1961 www.herbiewiles.com Insuring over 100 FL condo associations and HOAs. Rick Carroll Insurance 2160 NE Dixie Highway Jensen Beach, Florida 34958 800-290-3181 or 772-334-3181 www.rickcarroll.com

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First Citizens Bank

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LEGAL SERVICES Siegfried Rivera

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201 Alhambra Circle, 11th Floor Coral Gables, Florida 33134 800-737-1390 www.siegfriedrivera.com

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Experience Personalized Professionalism.

Tripp Scott Law Firm

110 SE 6 Street Fort Lauderdale, Florida 33301 954-525-7500 www.trippscott.com For over 50 years, Tripp Scott

has served our community.

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ZONE 1

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Gelfand & Arpe, P.A. 1555 Palm Beach Lakes Boulevard, Suite 1220 West Palm Beach, Florida 33401 561-655-6224 www.gelfandarpe.com

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Access Management

ZONE 5

Zone Map on Page 88

ZONE 4

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Florida Management Companies by Zone

ZONE 3

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KW PROPERTY MANAGEMENT & CONSULTING, LLC 8200 NW 33rd Street, Suite 300 Miami, Florida 33122 305-476-9188 www.kwproperty management.com A Professional and Independent Approach to Management.

ZONE 2

844-815-5321 www.castlegroup.com

Jilsa Management 2005 Vista Parkway, Suite 211 West Palm Beach, FL 33411 561-544-1122 www.jilsamanagement.com

ZONE 1

Allied Property Group Inc. 12350 SW 132 Court, Suite 114 Miami, Florida 33186 305-232-1579; 239-241-6499 www.alliedpropertygroup.net Providing service to South Florida since 2003.

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Qualified Property Management 5901 US Highway 19, Suite 7 New Port Richey, Florida 34652 877-869-9700 www.QualifiedProperty.com Proudly Serving HOA, COA, Co-ops, Master Planned Comm.

Assoc.

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5523 W. Cypress Street, Suite 102 Tampa, Florida 33607 866-403-1588 www.RealManage.com Serving Orlando and Tampa Communities.

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MAY Management Services, Inc. 5455 A1A South St. Augustine, Florida 32080 904-461-9708 www.maymgt.com Over 20 years in Northeast Florida!

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92 January 2025 FLCAJ | www.fcapgroup.com

Towers Property Management 1320 N. Semoran Blvd., Suite 100 Orlando, FL 32807 407-730-9872 www.towerspropertymgmt.com

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Products and Services Directory ACCESS CONTROL, SECURITY AND CUSTOM GATE AUTOMATION

ASPHALT REPAIR/ REJUVENATION

ELEVATOR SERVICE/REPAIRS

Asphalt Restoration Technology: 800-254-4PDC (4732); www.asphaltnews.com.

Connections Elevator: Elevator maintenance agreements, repairs and modernizations; 954-792-1234; www.ConnectionsElevator.com.

Smart Entry Systems: 626-213-7557; www.SmartEntrySystems.com; sales@SmartEntrySystems.com

Howard J. Miller, P.E., Inc.: Professional Inspections; Reports; Contract Administration; 561-392-2326.

Kings III Emergency Communications: 844-357-3849; www.kingsiii.com

AIR DUCT CLEANING

COMMUNITY SECURITY

Hands Free Security: 239-351-2871; info@handsfreellc. com; www.handsfreellc.com

BALCONY INSPECTIONS

Air Duct Aseptics Air Duct & Dryer Exhaust Cleaning, Mold Testing, Free Inspection 888-707-7763 www.adaflorida.com

ELEVATOR/POOL EMERGENCY COMMUNICATIONS

Promar Building Services LLC: Alfredo Amador; 561-598-4549; info@promarbuilding.com CONCRETE RESTORATION PROJECT MANAGEMENT

Daniello Companies: 888-370-4333; www.concreterepairing.net.

ALARM MONITORING

EDUCATION

ADT Security Services: Community Association Service Center; 800-878-7806; ADT.com

ENGINEERS

Chalaire & Associates, Inc.: 561-848-7055; www.chalaire andassociates.com.

Consult Engineering, Inc: 941-206-3000; www.consultengineering.com.

Howard J. Miller, P.E., Inc.: Reports; Contract Administration; 561-392-2326.

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CONCRETE RESTORATION

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ELECTRIC

ALUMINUM RAILING

Mullets Aluminum: 941-371-3502; nate@mulletsaluminum.com; www.mulletsaluminum.com

Get Your CFCAM fcapgroup.com/cfcam

Read

FLCAJ on the go

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Hypower Electrical & Utility Contractor 888-978-9300; www.hypowerinc.com

Get Your CFCAM fcapgroup.com/cfcam

ADVERTISING Opportunities For advertising opportunities please call 800.425.1314

www.fcapgroup.com | FLCAJ January 2025 93

NV5: 954-495-2112; nv5.com

PEGroup Consulting Engineers, Inc.: 800-698-2818; 305-655-1115; www.pegroup.com.

Simpler Engineers: 954-3992075; simplerengineer.com

GENERAL CONTRACTORS

Hartman & Sons Construction, Inc.: 407-699-4549; fax: 407-6990919; Serving Central FL INTERNET/TELEVISION/ VOICE SERVICES

LAUNDRY EQUIPMENT AND SUPPLIES

Commercial Laundries: 786982-7729; kendal@ciifl.com; www.commerciallaundries.com MANAGEMENT SOFTWARE

Blue Stream: 954-753-0100; www.mybluestream.com

Comcast: 800-934-6489; www. xfinity.com

Power ful & intuitive association software

yardibreeze.com Swaysland Professional Engineering Consultants (SPEC): 954-473-0043; 888-264-7732.

PAINTING

FENCING AND GATES JANITORIAL SUPPLIES

PAINTING AND WATERPROOFING

FIRE ALARM SYSTEMS

Bass United Fire & Security Systems, Inc.: 954-785-7800; www.bassunited.com.

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94 January 2025 FLCAJ | www.fcapgroup.com

Promar Building Services LLC: Alfredo Amador; 561-598-4549; info@promarbuilding.com

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PEST/ANIMAL CONTROL

ROOF MANAGEMENT & CONSULTING

SECURITY

CLEANING AND REPAIR

US ChuteLining: 800-504-5108; www.uschutelining.com TRASH CHUTE ODOR CONTROL

Southern Chute: 954-475-9191; toll free 866-475-9191; fax 954475-9476; www.southernchute.com.

ROOF COATINGS

WATER, SEWER AND DRAINAGE—INSPECTION AND REPAIRS

Polo International: 954-7825851; www.polo14.com

ROOFING

Ramco Protective: 888-3989700; www.ramcoprotective.com.

SWIMMING POOLS

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Hinterland Group: 561-6403503; hinterlandgroup.com WATERPROOFING

Dan Tennis Roofing: 954-4857778; info@dantennisroofing.com; www.dantennisroofing.com

TRADE SHOW

CAI Central Florida: exdir@caicf.org; 407-913-3777; caicf.org Palm Beach Community Managers Association: 561-753-0881; pbcma.org; CondoFest February 1st, 2025.

TRASH CHUTE

SEALANT

Pecora Corporation: 800-5236688; freemana@pecora.com

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WINDOWS AND SHUTTERS

First Alert: 561-210-5944; www. firstalerthurricaneshutters.com

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ADVERTISING

Opportunities For advertising opportunities please call 800.425.1314

www.fcapgroup.com | FLCAJ January 2025 95

DISPLAY ADVERTISERS INDEX ADT Security Services . . . . . . . . . . . . . . . . 35 Alliance Association Bank . . . . . . . . . . . . . 33 Allied Property Group . . . . . . . . . . . . . . . . 33 Ansbacher Law . . . . . . . . . . . . . . . . . . . . . . 7 Asphalt Restoration Technology Systems, Inc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 Association Reserves . . . . . . . . . . . . . . . . 16 Bass United Fire & Security Systems . . . . 68 Becker . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 Best Roofing . . . . . . . . . . . . . . . . . . . . . . . 21 Blue Stream Fiber . . . . . . . . . . . . . . . . . . . 45 CAI Central Florida . . . . . . . . . . . . . . . . . . IFC Campbell Property Management . . . . . . . 34 Carousel Development & Restoration, Inc. 29 Castle Group . . . . . . . . . . . . . . . . . . . . . . . 66 Centennial Bank . . . . . . . . . . . . . . . . . . . . 51 Cogent Bank . . . . . . . . . . . . . . . . . . . . . . . 34 Comcast . . . . . . . . . . . . . . . . . . . . . . . . . . 37 Commercial Energy Specialists . . . . . . . . 30 Commercial Laundries . . . . . . . . . . . . . . . 64 Daniello Companies . . . . . . . . . . . . . . . . . 46 Envera Systems . . . . . . . . . . . . . . . . . . . . . 15 Expert Reserve Services . . . . . . . . . . . . . . 67 First Alert Shutters . . . . . . . . . . . . . . . . . . 65

First Citizens Bank . . . . . . . . . . . . . . . . . . 17 Fraga Consulting Group . . . . . . . . . . . . . . 30 GCI Consultants . . . . . . . . . . . . . . . . . . . . 79 Haber Law . . . . . . . . . . . . . . . . . . . . . . . . . 26 Hands Free Security LLC . . . . . . . . . . . . . 49 Hinterland Group, Inc. . . . . . . . . . . . . . . . IBC Hotwire Communications . . . . . . . . . . . . . . 5 Hunter Claims . . . . . . . . . . . . . . . . . . . . . . 33 Hypower . . . . . . . . . . . . . . . . . . . . . . . . . . 62 J R Frazer Reserves & Insurance Valuations . . 34 Jilsa Management . . . . . . . . . . . . . . . . . . . 23 Kaye Bender Rembaum . . . . . . . . . . . . . . 20 Kings III Emergency Communications . . . . 4 KW PROPERTY MANAGEMENT & CONSULTING . . . . . . . . . . . . . . . . . . . . . . 62 Lang Management Company . . . . . . . . . . 13 Leland Management . . . . . . . . . . . . . . . . . 36 Mullet's Aluminum Products, Inc. . . . . . . . 53 Munyan Painting . . . . . . . . . . . . . . . . . . . . 63 NV5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66 Palm Beach Community Managers Assoc 43 Pecora Corporation . . . . . . . . . . . . . . . . . . 42 Poliakoff Backer . . . . . . . . . . . . . . . . . . . . 86 Polo International, Inc. . . . . . . . . . . . . . . . 47

Promar Building Services . . . . . . . . . . . . . 52 Quality Chemical Company . . . . . . . . . . . BC Ramco Protective . . . . . . . . . . . . . . . . . . . 71 RealManage . . . . . . . . . . . . . . . . . . . . . . . 42 Reserve Advisors . . . . . . . . . . . . . . . . . . . 21 Rick Carroll Insurance . . . . . . . . . . . . . . . . 75 Robotics Security . . . . . . . . . . . . . . . . . . . 25 Seacrest Services . . . . . . . . . . . . . . . . . . . 27 Sedgwick | Valuation Services Division . . 31 Sentry Management . . . . . . . . . . . . . . . . . 48 Siegfried Rivera . . . . . . . . . . . . . . . . . . . . . 36 Smart Entry Systems . . . . . . . . . . . . . . . . 39 SOCOTEC . . . . . . . . . . . . . . . . . . . . . . . . . 11 Southern Chute . . . . . . . . . . . . . . . . . . . . . 62 Swaysland Professional Engineering Consultants . . . . . . . . . . . . . . . . . . . . . . . . 48 The ERRO Group . . . . . . . . . . . . . . . . . . . 79 Tripp Scott Law Firm . . . . . . . . . . . . . . . . . 42 US Century Bank . . . . . . . . . . . . . . . . . . . 24 US Chute Lining . . . . . . . . . . . . . . . . . . . . 61 Vesta Property Services . . . . . . . . . . . . . . 40 WeatherTight Systems . . . . . . . . . . . . . . . . 1 Yardi Systems, Inc. . . . . . . . . . . . . . . . . . . 41

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