FLCAJ May 2024

With First Citizens Community Association Banking, formerly part of the bank’s CIT division, you can count on continued service from experts you know – who understand your business and focus on helping you succeed. And as one of the nation’s top 20 banks, we offer market-leading community association banking products matched with innovation and award-winning1 technology. Your community association management company deserves no less than a financial provider that can bring you the scale, service and capabilities you need to stay ahead. Erin Sweeney, Director, Regional Sales Manager erin.sweeney@firstcitizens.com | 704-674-6128

New Laws Primed to Throw Board Members Off Balance

Don’t Risk

Significant

Penalties – Be Prepared!

As we await the governor’s signature on significant new legislation which will impact condominiums and HOAs, it’s important for board members and their management professionals to understand that these new laws will impose penalties if certain duties are not fulfilled or are fulfilled improperly. The days of informal association operations without the assistance of experienced, knowledgeable association counsel are over. Boards and managers must seek advice from qualified professionals to help them successfully navigate the changed landscape.

Beginning May 21, 2024, Becker will host a series of webinars - Knowledge is Power – New Laws; New Game Plan – to educate board members and managers on the new law and what is necessary to comply.

To view the full schedule and sign up for more information about these upcoming events, please visit beckerlawyers.com/BePrepared

WHY CHOOSE BECKER?

“I have attended several classes in the last year. The professionalism, acumen, and information has been outstanding.”

- Timothy Mahan, Madeira Villa Central

“I always love Becker’s webinars as they provide a great deal of complicated legal information in ways the layman can understand.”

- Megan Giancatarino, Clover Key, Inc.

“We must always keep on top of the ever changing laws that apply to our communities. Thank you, Becker, for being very direct and extremely knowledgeable regarding the concerns & issues we face.”

-Mary Gallagher, Pine Breeze Golf Villas Homeowners Association, Inc.

This issue of FLCAJ contains the management company showcase. The showcase shines a spotlight on the important and vital role management companies and community association managers take on in overseeing the community associations with which they are entrusted. When you turn to page 8, you will read about more than 25 of these management companies, including the services they provide and the locations throughout Florida where they assist communities. Some of the companies have provided their top tip—tips to save money, time, and headaches for boards of directors seeking to carry out well their fiduciary duties.

Take the time to look at the management company directory on page 30, which provides a number of management companies throughout the state with their websites and contact information that you can use to find out more about their services.

From pages 40–78, a variety of articles address the following topics: avoidance of common mistakes in board governance, the establishment of effective vendor relationships through a variety of best practices, top tips to prepare your community for the summer season, maintenance steps to enhance the community’s value and appeal, and the key to securing a community association through a good working relationship between the community association board and security vendor. In addition FLCAJ readers are provided with essential tips and tricks for a smooth and successful budget process, taught the importance of preventive maintenance, equipped with criteria for selecting a management company that is a good fit for their community, and given answers to some frequently asked questions about maintenance services for communities.

In her "CAM Matters" column on page 92 Betsy Barbieux takes time to share some of the Florida Statutes and rules community association managers need to follow as well as provides important timelines and documents needed in the course of a CAM carrying out her or his responsibilities.

On page 82 Bryony Swift with Becker addresses new crimes and penalties created by the Florida legislature in House Bill 1021 for condominiums and the HOA reforms as set out in House Bill 1203.

On page 88 Jeffrey Rembaum with Kaye Bender Rembaum discusses the need for a legislative fix as regards a special assessment in a collection/foreclosure action according to Florida Statute 718.116(5)(b).

FLCAJ wishes you a wonderful May.

Ansbacher Law, with board certified partners, 11 attorneys and over 30 professionals, is available to serve your community throughout Florida.

• Full service law firm for your Condominium or Homeowners Association.

• Florida’s leading construction defect team - Full contingency available, no fees or costs unless you win.

• Collections handled on deferred and contingency fee arrangement.

Hannah Rullo

Zach Roth

Alejandra Gonzales

Barry Ansbacher

2024 Management Company Showcase

Editor’s Note: The May FLCAJ magazine is the Management Company Special Issue. The management company profiles below are a great introduction to several management companies that would love an opportunity to lead your community with excellence.

Allied Property Management LLC

Alliant Property Management LLC is a premier provider of comprehensive community association management services. Founded in 2005, Alliant has become one of the fastest growing association management firms in Southwest Florida. We credit our growth and success to experienced leadership and our team approach to association management. The principal owners and executive team have extensive experience in business management and professional services for residential, commercial, and hospitality industries. Our licensed managers and service team guide associations of all sizes with comprehensive administration, financial services, and state-of-the-art technology. With a commitment to people, processes, and technology and a mission

to build enduring partnerships with communities, Alliant is positioned for continued success and long-term growth.

For more information on Alliant Property Management LLC, call 239-454-1101 or visit us at www.AlliantProperty.com

Allied Property Group

Allied Property Group is a full-service property management firm providing service throughout Florida since 2003.

Allied excels in assisting boards of directors in addressing all of their short- and long-term challenges. These challenges include both routine matters and the unexpected. Routine challenges can include controlling expenditures, optimizing budgets, and

Photo by iStockphoto.com/fizkes

increasing property values all while enhancing the community experience. Unexpected challenges can range from hurricane preparedness and recovery to emergencies that can have an adverse impact on the association’s or unit owner’s property.

While most large management companies struggle with their ability to make important decisions that could negatively impact associations, at Allied our experienced and empowered staff routinely assist associations in facing and conquering these challenges.

The Allied team consists of licensed managers with extensive industry experience, a dedicated team of property accountants, a well-trained and friendly customer service staff, and technology offerings that help both our team and the associations we serve to succeed. Our team closely guides and assists the boards we serve to ensure efficient, productive meetings while providing comprehensive and easy-to-understand financial and management reports.

Working together with our customers, Allied has the tools and experience needed to assist boards in making the decisions that best serve their associations. At Allied, our continued success can easily be attributed to our integrity and constant customer obsession that we take into consideration in everything we do.

For more information on Allied Property Group, visit www.alliedpropertygroup.net

Artemis Lifestyles

Artemis Lifestyles is a full-service association management company that specializes in managing Florida homeowners’ associations, condominiums, onsite and resort communities. We are one of the first companies in Central Florida to specialize in build-to-rent community management. Our mission is to deliver innovative and efficient management services to community associations throughout Florida.

At Artemis we pride ourselves on personalized care for every community. We take the time to get to know our residents and provide the highest quality of service to perfectly fit the needs of each association. Our customer experience team is trained to provide excellent customer service to our homeowners, and our lifestyle services aim to increase community involvement so that every resident loves where they live. We have a strong focus on using the industry’s most innovative technology and training methods. The Artemis team is passionate about building long-lasting relationships and helping others by leveraging decades of industry experience to benefit our managed communities.

With Artemis Lifestyles, you’ll love where you live!

To learn more, please call us at 407-705-2190 or visit www.ArtemisLifestyles.com.

JILSA MANAGEMENT

C&S Community Management

C&S Community Management is locally owned, serving HOA and condominium associations since 1985. Maintaining an accredited A+ Better Business Bureau rating along with accreditation (AAMC) from the Community Associations Institute, C&S is equipped to exceed community expectations. C&S has four offices to serve you on Florida’s West Coast—in Bradenton, Sarasota, St. Petersburg, and Venice. Our staff is knowledgeable, friendly, and here to serve you in all areas of community management. In addition to the State CAM license, many of our managers are nationally board certified, and four managers are PCAMs (Professional Community Association Manager).

C&S utilizes industry-leading technology, and when coupled with a passion for helping others, the result is a happy, healthy, welcoming community along with awardwinning service. From finance and compliance to maintenance, payroll, and legal matters, we are here to help. At C&S, it is our goal to improve your satisfaction as an owner and board member. Our years of experience allow us to offer you a guaranteed positive change in your association management so that you may relax and enjoy your community.

For more information on C&S, visit www.cscmsi.com

Campbell Property Management

Founded in 1953, Campbell Property Management is South Florida’s highest-rated community association management company and one of the largest and most experienced, locally owned property management companies in South Florida. With seven fully staffed offices and more than 1,000 full-time employees, Campbell serves more than 450 associations in Miami-Dade, Broward, Palm Beach, Martin, and Port St. Lucie Counties. Their management services include administration, finances, accounting, maintenance and janitorial, valet and concierge, social director, gate access, human resources development, community websites, information technology, and landscape maintenance.

Although very similar in purpose, every board has its own unique goals and objectives, so there is no one-size-

fits-all solution. Campbell’s experienced team invests the time and energy necessary to truly understand the needs of the community and board. They pride themselves on being responsive and providing customized solutions for their clients. They make a promise to the boards they serve: that Campbell will help them accomplish their goals and achieve the peace of mind they are seeking. Campbell guarantees satisfaction by giving their clients the right to cancel for any reason, at any time. The associations they serve have rewarded their performance with long-standing relationships, which have been proven by their marketleading 98 percent renewal rate.

For more information on Campbell Property Management, call 954-427-8770, email sales@campbellproperty.com, or visit www.CampbellPropertyManagement.com.

Castle Group

Castle Group is the premier choice for property management; we specialize in serving the finest residential communities. With 2,700-plus dedicated team members, we are the preferred service provider for 500-plus 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 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.

Choice Property Management Group, Inc.

Serving throughout the tricounty area of Miami-Dade, Broward, and Palm Beach Counties, CPMG has been proudly representing community associations since 2007. Our ability to adapt to each association’s immediate and long-term needs and our genuine desire to help our communities thrive has set us apart from the rest. Our extensively trained customer service agents are always available to assist our homeowners, vendors, and board members with

Continued on page 14

Why Settle For The Status Quo?

Community Assoction Management

Our experts take care of the daily details, to free up your time while maximizing your association’s success.

We’re Here For You

Trident is bringing a bold new way of thinking to South Florida properties with a comprehensive suite of association management, property management, and accounting services.

We won’t settle for the status quo. Trident provides what your community are looking for: personal service, more flexibility, greater transparency, faster turnaround, and a better overall experience.

Property Management Services

We develop, & adapt the latest systems, processes, and technologies to efficiently manage your property.

Accouting Management

From tracking assessments to sending late notices. Our financial experts help you manage your books.

By combining cutting-edge technology with a collaborative, team-based approach, Trident empowers the whole community to achieve optimum results so you can take back control of your life.

ASSOCIATION MANAGEMENT:

• HOAs

• Condominium Associations

• Co-Operative Associations

• Condo Commercial Associations

• Self Managed Financials

SERVICES:

• Consistent Onsite Inspections

• Owner Online Portal

• Monthly Financials

• Consistent Follow Up

• Applicant Screenings

• And Much More!

Providing honest, professional, and always reliable community association management services for over 15 years

“Don’t invest your association’s hard-earned money on an inexperienced CAM’s mistakes. An education through a school of hard knocks can be very costly to your association. Experience is therefore not an option, but a necessity.”

- Madeleine Torres, LCAM, President

Continued from page 10

honest, professional, and always-reliable services. Our staff is equipped with the necessary technological equipment to ensure they are providing the highest quality of customer service available. From software that ensures all reported issues are carefully documented and followed through on to policies and procedures that ensure smooth operations, our boards can rest assured that our managers are working in the best interests of their associations.

At CPMG, our founders are also experienced LCAMs and therefore understand that it takes a team to effectively manage a community association properly. When you join our firm, you are not just getting an LCAM assigned to your community. You are gaining a team of experienced individuals who are excited to see your community prosper while also ensuring that you are following the Florida statutes. Often we find communities are dissatisfied with their management firms because the LCAM is unresponsive, overstressed, and overworked. We provide the staff to ensure that our LCAMs can concentrate on the important things while others help with the rest.

We would like to extend our immense gratitude to all of our wonderful communities, boards, and homeowners who continue to show us their unwavering support. It is thanks to them that CPMG has grown into the trusted firm it is today, and why we have the convenience of picking and choosing to work only with honest and transparent communities.

Top Tip—Don’t invest your association’s hardearned money in an inexperienced CAM. An education through a school of hard knocks can become costly to you and your association. Experience is therefore not an option but a necessity.

For more information on Choice Property Management Group, email info@choicepmg.com, call 305-362-9827, or visit www.choicepmg.com

Condominium Associates

Condominium Associates is a full-service association management company founded in 1982. Locations include St. Pete/ Clearwater, Tampa, Lutz, Orlando, Sarasota, and Ft. Myers/ Naples. CA provides facilities management, financial management, administrative services, concierge, guard services, and janitorial and maintenance staff. They manage condominiums (low rise and high rise), townhomes, single-family homes (small and large-scale communi-

ties), villas, co-ops, timeshares, and office parks. CA tailors their services to meeting the specific needs of their internal staff and external clients. This includes a focus on improving services for both new and existing clients, from the latest fraud protections, state-of-the-art accounting software, and online services (including a free web portal) to a CA app for your phone and much more. CA found that as a mediumsized, locally owned company they are better able to provide excellent customer service, unlike the big national or publicly traded companies. This is what sets CA apart from their competitors. Let us sit with you and come up with a custom plan to service your association because we work for you, you don’t work for us.

For more information, call Kathy Bramhall, EVP of Business Development at 866-259-3983, email kbramhall@ condominiumassociates.com, or visit our website condominiumassociates.com.

Edison Association Management

Edison Association Management is lighting the way for condominium and homeowner associations throughout Central Florida. We partner with our associations to provide excellence in service, take pride in our work, and love what we do! Our team approach and customized management are what make us great and set us apart from all other management companies. We assist our associations to excel financially, improve organizationally, and strengthen their sense of community.

For more information on Edison and our services, please call 407-317-5252 or visit www.edisonassociationmanagement.com

Empire Management Group

Empire Management Group is a local, familyowned and -operated modern community management company that has been recognized many times by the industry for our excellence in transparency, financial control, management, and customer service. Noteworthy accolades include multiple Readers’ Choice Awards, Orlando’s Best, Top Work Places, Golden 100 Top

Privately Held Companies, and Central Florida’s Fast 50.

The company emphasizes its commitment to using the latest technology to improve and support the board, homeowners, and managers for the communities we serve. With offices in Orlando, Clermont, Leesburg, Kissimmee, and the Space Coast, EMG has a dedicated team ready to deliver your community’s needs. We were recently recognized by our state senator and many reps for the support and commitment to our Central Florida communities.

The recent Readers’ Choice Award from FLCAJ underscores the company’s dedication to excellence and client satisfaction. We are also the best rated company in Central Florida by our own residents and boards. The recognition reflects a commitment to delivering high-quality service and innovation in community management. Most of our business is by word of mouth; all our clients came to us through a recommendation by other communities.

Empire Management Group encourages those seeking a community management company focused on excellence, innovation, and the best customer service for your homeowners to consider our services. Are you interested?

Contact Empire Management Group at 407-770-1748, email info@empirehoa.com, or visit www.empirehoa.com for more information.

FirstService Residential

Property management is a balancing act. With competing priorities, juggling it all as a community leader can seem complex, but it doesn’t have to be.

At FirstService Residential, we’re simplifying property management. Our hospitality-minded teams serve residential communities across the United States and Canada. We partner with boards, owners, and developers to enhance the value of every property and the life of every resident.

We have the expertise and depth of resources to anticipate needs and respond. Residents can count on 24/7 customer care and tailored lifestyle programming, amenity activation, and technology for their community’s specific needs. Market-leading programs with FirstService

Financial, FirstService Energy, and special district teams deliver additional levels of support.

Boards and developers select FirstService Residential to realize their vision and drive positive change in the communities in their trusted care. With our professional scale, we’re big enough to make your budget go further. And our service-first philosophy means we don’t stop until what’s complicated becomes uncomplicated. To make life, simplified.

Top Tip—From creating budgets, managing vendors, or finding insurance solutions, running an association can be challenging. Hiring a property management company can help make life, simplified.

For more information about FirstService Residential, visit LifeSimplified.com today!

Floridian Management Group

Floridian Management Group is a recognized leader in the property management, real estate development, and construction industry. We have over 20 years of leadership in hospitality and building management.

A new generation of property management is ahead and staying up to date with everything changing rapidly is a priority for our team.

Our focus is anchored on our team's progress in 2024. We have created complimentary fun events and workshops throughout the year. We welcome you to visit our event locations listed on Facebook and Instagram.

We have the BEST associations and owners throughout the State of Florida, and we THANK YOU for choosing Floridian Management Group.

For more information visit www.FloridianManagement.com

GRS Management

GRS provides customized solutions to align with the specific needs of each community. As part of our commitment to providing communities with a tailored management solution, we offer all levels of service and management support for the board of directors.

Our dedication, responsiveness, and individualized touch are why over 40,000

residents are enjoying the benefits of a GRS-managed community across our beautiful state. GRS works with many different property types, from single-family homes to high-rise condominiums and everything in between.

We thoughtfully pair our property managers with your community; and our in-house subject matter experts in finance, legal counsel, insurance, lifestyle directors, community specialists, and compliance are available to support your community association manager.

Top Tip—Go paperless! GRS has a proprietary gVault application for document storage which is easier on your wallet and the environment.

For more information on GRS Community Management, please call 561-641-8554, email sales@ grsmgt.com, or visit www.grsmgt.com

Jilsa Management

"A Better Approach To Community Management, One Client At A Time!”

Jilsa Management revolutionizes property management in Palm Beach County and beyond with decades of expertise. Specializing in HOA/condominium association

management, selfmanaged association back end support, and solo PM back end support. We prioritize community support at every step. Our approach emphasizes engagement, fostering connections through neighborhood events and open dialogue and transparency. Utilizing cuttingedge technologies, we enhance efficiency and convenience for residents, offering streamlined communication platforms and smart home solutions. Committed to exceeding expectations and offering custom tailored solutions to support the changing needs of our clients. Join us at Jilsa Management as we redefine the living experience, nurturing vibrant communities every day.

For more information about Jilsa Management, call 561-544-1122 or visit www.jilsamanagement.com

KW PROPERTY MANAGEMENT & CONSULTING

KW PROPERTY MANAGEMENT & CONSULTING provides fullscale property management, food-and-beverage, and project management services to homeowner associations and condominium boards.

A B O U T U S

A B O U T U S

M a n a g i n g H o m e o w n e r a n d

M a n a g i n g H o m e o w n e r a n d

C o n d o m i n i u m A s s o c i a t i o n s t h r o u g h o u t C e n t r a l F l o r i d a .

C o n d o m i n i u m A s s o c i a t i o n s t h r o u g h o u t C e n t r a l F l o r i d a .

S E R V I C E S

S E R V I C E S

C o n s i s t e n t C o v e n a n t E n f o r c e m e n t

C o n s i s t e n t C o v e n a n t E n f o r c e m e n t

C u t t i n g E d g e T e c h n o l o g y

C u t t i n g E d g e T e c h n o l o g y

E x p e r i e n c e d A c c o u n t i n g S e r v i c e s

E x p e r i e n c e d A c c o u n t i n g S e r v i c e s

407.317.5252

407.317.5252 info@edison-mgmt.com

www.edisonassociationmanagement.com

www.edisonassociationmanagement.com

KWPMC delivers operational precision, hospitality with a personal touch, outstanding financial reporting and accounting controls, and flexible and efficient technology solutions—all distinguished by a dedicated and committed staff that aims to enhance the experience of every association we serve. We’re privately owned with a hands-on approach that involves our founding partners and executive team assigned and engaged with each and every property. Our well-trained staff delivers elite service to our growing list of prestigious properties. We take great pride in building lasting relationships with associations and boards that share our commitment to excellence. KWPMC was awarded the 2021 South Florida Business Journal ’s “Business of the Year” winner and Inc. 5000 Fastest Growing Private Companies 2021, 2020 & 2019.

We Don’t Just Manage, We Enhance

Top Tip—Are you planning major projects for your community? Consider hiring a project management company to oversee the daily work. A project management company will ensure the work is correctly defined, performed to code, and completed on time and within budget. Although there is a cost for this service, it saves you money in the long run by preventing scope creep, construction delays, and mismanagement of the project. Your project manager is your project advocate and expert. Don’t rely on your community association manager to take on this work. Your CAM has a full-time job managing the dayto-day activity of your association.

For more information on KW PROPERTY MANAGEMENT & CONSULTING, call 954-815-8321 or visit www.kwpmc.com

Landex Resorts

Landex is based on the West Coast of Florida since 1981. We have been providing services to associations from Central to South Florida. For years Landex has enjoyed many professional relationships within the industry. We are proud members of many area chambers of commerce, the Better

Business Bureau, American Resort Development Association, Community Associations Institute, realtor associations, and the Florida Community Association Journal, to name a few. Our team collectively manages over $10 billion in insurable assets for over 4,000 residential, commercial, timeshare, and vacation plan association clients in our portfolio. In addition, our team produces over $3 million in rental revenue annually for our owners through their vacation rental program. In today’s complex real estate and insurance markets, a good management company is an association’s greatest asset. We look forward to serving you.

For more information about Landex, call 239-369-5848 or visit www.landexresorts.com.

Lang Management

Lang Management’s commitment to our clients is that you will receive excellent services from a seasoned company that is proficient in all facets of property management. You can count on us to deliver these services with a skilled, experienced, dedicated, and professional staff. We adeptly assume full community management, alleviating boards from daily operational challenges while ensuring they remain well informed.

For 44 years Lang has been a beacon of excellence in property management services, extending from Palm Beach County to St. Lucie County. We prioritize teamwork, customer support, and satisfaction. Our managed communities benefit from access to Lang’s in-house professionals and strategic partners, including repair and maintenance services, irrigation design and upkeep, landscape architecture, arboriculture, aquatic weed control, and various other services. Regardless of the issue, we are resourceful at finding solutions.

Our professional services are affordable, comprehensive, and tailored to your needs. Management services encompass all-inclusive financial reporting, a board and owner portal system, risk management services, field services, and vendor selection as well as emergency preparedness and disaster recovery programs. The Lang

customer service department operates around the clock and is available 24/7. To learn more about how Lang Management can positively impact your community, please contact us.

For more information on Lang Management, call 561-7508800 or visit www.langmgmt.com

Leland Management

For over 25 years Leland Management has been committed to providing the best service in association management to Florida communities. Leland is proud to be a leader in its industry. We are a full-service association management firm specializing in the management of Florida condominium and homeowner associations. With 12 offices statewide, we currently manage more than 400 associations exclusively in the state of Florida.

Our team of professionals takes great pride in delivering the best-quality service to the communities we serve. We have over 100 licensed community association managers who average more than seven years of experience, with many carrying advanced professional designations. To bring it all together, we have honed an effective system for sharing this expertise both within the company and in our communities.

Our superior accounting strategies, dedication to lifestyle, and always-local resident support call center are just a few of the standards you can expect from a partnership with Leland, but we don’t just talk the talk. Evidence of Leland’s walk can be seen in consistently earning the titles of the Orlando Sentinel’s Top Workplaces of Central Florida and the Orlando Business Journal’s Best Place to Work, both of which are thanks to the recognition from our own team members, which we are humbled to receive year after year. We are also honored to be named a Florida Community Association Journal Readers’ Choice Diamond Level Management Company, an accolade directly from the voices of our clients and other industry professionals.

Although we are large enough to have all the resources necessary to meet the needs of any association, Leland remains a local, family-owned and -managed firm to better meet the individual needs of each community. We’ve learned over our 26 years in business that building solid, lasting relationships is of utmost importance to delivering the best quality of service and continued success of our company.

For more information about Leland Management, call 888-255-8577 or visit www.LelandManagement.com.

M&M Property Management LLC

Each year we are honored with a nomination and the luxury of asking our board members and staff to vote if they feel we have done the job above and beyond expectations. It is now 11 years we have been rewarded as a Readers’ Choice Award winner. Since our inception 17 years ago, our goal has been to serve our communities by promoting financial stability, properly maintaining the common areas, and addressing the residents’ needs.

In 2007 M&M started with just two people, one community, and an idea. We have grown to more than 30 staff members and service dozens of communities throughout Broward and Palm Beach Counties. Communities come to M&M for a variety of reasons, and our goal is to improve each community in all aspects, not only in the short term but long term. We continue to service our original communities 17 plus years later with many of the other communities we serve exceeding 15 years, and we achieve this goal in partnership with our boards of directors and residents. We take great pride knowing our communities have M&M professionally manage their home as together we are a family.

M&M continues to provide exceptional service, and our hundreds of Google reviews receiving a highest rating in property management in South Florida (4.8 rating) is a testament to the service and value we provide to the community. Thank you!

For more information on M&M Property Management, call 954-582-4400 or visit www.mmpm.us.

New Smyrna Beach Association Management

Founded in 2019, New Smyrna Beach Association Management (NSBAM) is a beacon of excellence in community management services across Florida. From Daytona Beach to Edgewater, with statewide consulting, NSBAM offers customizable management, accounting, and maintenance services for community associations. Led

by Sheila McCollum, NSBAM embodies transparency, fairness, and mutual respect. Their team of professionals commits to treating every interaction with care and consideration, reflecting their dedication to exceptional service. NSBAM recognizes the uniqueness of each community, tailoring their approach to meet specific needs. Through partnership, innovation, service, respect, and fun, they elevate communities to new heights.

Discover more at www.NSBMGT.com or contact Sheila McCollum at 386-242-4190. It’s your community—let NSBAM make it extraordinary.

RealManage

RealManage stands out in the community management industry for its comprehensive approach to managing homeowner associations (HOAs), condominium associations, cooperatives, luxury high-rises, and large master-planned communities throughout the United States. Established in 2004, the company is celebrated for its rapid growth, making the prestigious Inc. 5000 list five times as one of the fastest-growing private firms in the country. RealManage is dedicated to delivering innovative management solutions with a focus on transparency, visibility, and personalized service, backed

by its proprietary cloud-based technology that offers convenient access to community information for all board members and residents alike.

The company's services are designed to alleviate the challenges faced by community association board members in managing budgets, appearances, and expenses of communities. RealManage's approach emphasizes effective communication, organized financial management, and responsive support, ensuring the smooth and efficient operation of community associations. By utilizing the most advanced technology in the industry, RealManage provides unparalleled visibility and detail for the management of HOAs and condominium associations.

For more information on RealManage, call 866-403-1588 or visit www.realmanage.com.

Top Tip—Regularly communicate with residents through multiple channels, keeping them informed about community updates, events, and important notices for better engagement.

Seacrest Services

Since 1968 Seacrest Services Inc. has professionally provided premium community management services, achieving complete customer satisfaction in all our communities. 305.821.3169 www.asiflorida.com dbermudez@asiflorida.com

Through steady planning Seacrest has brought its unique approach to property management and landscape maintenance to serve Palm Beach, Martin, and Broward Counties while continuing to offer the same commitment to excellence today as we did more than 45 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.

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 561-656-6354 or visit us at www.seacrestservices.com.

Seacrest Southwest

The Seacrest Southwest mission is to guide and propel Southwest Florida communities toward a thriving and successful future.

This journey involves harnessing technological advancements, providing efficient management and oversight for our partner communities, and serving as a reliable professional resource for board members.

At Seacrest Southwest, we believe in providing a total quality management approach toward management and services to our customers. Defining the desired results, identifying the appropriate means, and implementing systems of measurement while continuously seeking improvement all become underlying foundations of this approach.

We set ourselves apart through resolute 24/7 customer service and hospitality, robust accounting and reporting capabilities, a steadfast focus on total quality management, tailormade solutions, cutting-edge technology integration, and our family-owned, locally driven decision-making. These aspects

collectively solidify our position as leaders in the industry.

Through dedicated performance and a commitment to excellence for over 40 years, Seacrest Southwest stands as the premier leader in full-service community association management in Southwest Florida.

For more information on Seacrest Southwest, contact us at 239-261-3440 or visit us at www.SWPropMgt.com.

Sentry Management

At Sentry Management our purpose is to nurture communities we are all proud to call home. Our reliable services and teambased approach put our communities first, consistently enhancing property values by supporting the board’s endeavors and improving the lifestyles of residents.

As we’ve grown over the last four decades to become one of the nation’s largest full-service management companies, we have never forgotten that our roots are always local, and our community always comes first.

Headquartered in Florida with 15 offices in the

Sunshine State alone, Sentry Management's team of nearly 1,000 experienced professionals embrace the honor to serve our communities every day. We empower our community managers with comprehensive training, dedicated support teams, and constantly evolving technology.

The Orlando Sentinel Media Group named Sentry Management a Top Workplace in both 2022 and 2023 based on a survey of our Central Florida employees, and Sentry was also named as a National Top Workplace by USA Today in 2024.

For more information on community association management services, locations, and careers at Sentry Management, call 407-788-6700 or visit www.sentrymgt.com

Trident Management

Unlock the potential of your community with Trident Management. Our team is dedicated to empowering busy boards and providing expert management solutions that streamline operations and restore balance to your life. Our proven record of

THE WINNING TEAMMANAGING TO MAKE A DIFFERENCE

We strive to be the industry leader with a superior reputation for providing tailored, high-end management solutions in partnership with the Community.

transparency, communication, and efficiency helps our managed communities navigate Florida's unique community management landscape with ease.

From financial management to property maintenance and resident relations, our comprehensive suite of services is tailored to optimize functionality and enhance the appeal of your community. We're driven by a passion for community development, striving to elevate residents' quality of life while safeguarding property investments.

Partner with Trident Management today and discover proactive, professional, and reliable community management. Let us handle the details so you can enjoy the benefits of a thriving community. Reach out to us now and experience the Trident difference.

For more information about Trident Management, call 786-496-9438, email info@TridentMiami.com, or visit www.tridentmiami.com.

Vesta Property Services

Florida’s most trusted community management company, Vesta Property Services, is an industry leader in homeowners’ associations, condominium associations, property associations, and amenities management. Our fully staffed local offices employ more than 1,500 professionals providing a wide spectrum of professional services to over 300,000 residents and unit owners.

Customized services you can count on At Vesta, we understand every community is unique and has different needs based on size and location. Our more than 25 years of

When you lead your community on a path of change, every decision is an important one. With competing priorities, juggling it all as a community leader can seem complex. But it doesn’t have to be.

Our local team has the expertise and solutions to anticipate your needs and respond. Our service-first philosophy means we don’t stop until what’s complicated becomes uncomplicated.

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experience in community association management allow us to offer services specific to each individual client. In addition, we provide free educational opportunities for all our board members and residents through webinars, legislative updates, and more!

Vesta is also an amenities management company, providing top-rated lifestyle services such as pool services, spa and wellness services, food and beverage operations, special events, theater operations, and more. In addition to all of this, Vesta’s financial services offers financing, comprehensive financial tools, fiscal management, low closing costs, and expert strategic planning and consulting services.

Licensed CAMs available in every community

Your community will be overseen by a licensed community association manager utilizing local resources, expertise, and strong management, supported by an experienced executive team—available to lend assistance when needed.

For more information on Vesta Property Services, contact us at 877-988-3782 or visit VestaPropertyServices.com

Watson Association Management

Watson Association Management is a full-service association management company whose primary objective is to provide professional and responsive property management to ensure our associations’ administrative, financial, and maintenance needs are met.

At Watson we understand that the most important aspect of this business is its relationships. From the directors who set policies to the homeowners themselves, we’ll work with you to improve and monitor the welfare and appearance of your neighborhood, focus on policy, and efficiently implement your decisions. We maintain a positive attitude and create solutions.

As your association’s management partner, we want to work with you to reach your goals and to create a great community for all to enjoy.

Please feel free to contact Watson Association Management at 772-871-0004 with any inquiries or visit www.watsonassociationmanagement.com. n

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.

Artemis Lifestyles

1631 E. Vine Street, Suite 300 Kissimmee, Florida 34744 407-705-2190; customerservice@ artemislifestyles.com

www.artemislifestyles.com

Love Where You Live

www.fcapgroup.com

Cardinal Management Group of Florida

4670 Cardinal Way, Suite 302 Naples, Florida 34112 239-774-0723; cmgflorida.com

We Manage to Make a Difference

Edison Association Management

1416 E. Concord Street Orlando, Florida 32803

407-317-5252

info@edison-mgmt.com

www.

edisonassociationmanagement.com

Empire Management Group 801 N. Main Street Kissimmee, Florida 34744

407-770-1748; jrriestra@empirehoa.com

www.empirehoa.com

Floridian Management Group 14651 Biscayne Bouldevard, Suite 317 N. Miami, FL 33181

786-441-9600

info@floridianmanagement.com

www.floridianmanagment.com

GRS Community Management 3900 Woodlake Boulevard, Suite 309 Lake Worth, Florida 33463

561-641-8554

sales@grsmgt.com

www.grsmgt.com

844-815-5321

www.castlegroup.com fcapgroup.com/flcaj/advertise

Choice Property Management Group Inc.

6175 NW 167th Street, Suite G9 Miami, Florida 33015 305-362-9827; mtor@choicepmg.com

www.choicepmg.com

Condominium Associates 3001 Executive Drive, Suite 260 Clearwater, FL 33762 866-259-3983; kbramhall@ condominiumassociates.com

CondominiumAssociates.com

Jilsa Management 2054 Vista Parkway, Suite 400 West Palm Beach, FL 33411 561-544-1122

www.jilsamanagement.com

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.

M&M Property Management

1280 SW 36th Avenue

Pompano Beach, Florida 33069

954-582-4400

www.mmpm.us

Management and Associates 720 Brooker Creek Blvd., Suite 206 Oldsmar, Florida 34677 813-433-2000

www.mgmt-assoc.com

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fcapgroup.com/nl-sd

MAY Management Services, Inc.

5455 A1A South St. Augustine, Florida 32080 904-461-9708

www.maymgt.com

Over 20 years in Northeast Florida!

New Smyrna Beach Association Management Management Service Area: Daytona Beach to Edgewater, Florida

386-242-4190

Sheila@NSBMgt.com

www.NSBMgt.com

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.

5523 W. Cypress Street, Suite 102 Tampa, Florida 33607 866-403-1588

www.RealManage.com

Serving Orlando and Tampa Communities.

Florida Management

Companies by Zone Zone Map on Page 30

407-730-9872

www.towerspropertymgmt.com

Trident

www.tridentmiami.com

Community Community

Florida Community Association Professionals’ (FCAP) training is offered on two levels. Level one consists of courses meeting Florida’s continuing education requirements for CAMs, and level two is the Florida Advanced CAM Studies (FACS) course. For further information about the more than 31 online continuing education classes available or to pursue the Certified Florida Community Association Manager (CFCAM) designation, please visit www.fcapgroup.com/membership/education-training/ .

HARMONY BEYOND THE SPREADSHEET

Navigating Special Assessments—The Roles and Responsibilities in Community Associations

By Marcy Kravit, CMCA, AMS, PCAM, CFCAM, CSM Director of Community Association Relations

Hotwire Communications

FCAP Education Program Coordinator

Dealing with special assessments in community associations is more than just a financial matter; it’s a process that involves people, emotions, and a shared sense of community. To understand and assist with this process, it’s essential to discuss the communication strategies, the fiduciary duties of the board, and the role of the community association manager in guiding residents through these challenging times.

Communication as a Compass

Imagine being a resident facing the news of a special assessment. Clear, transparent communication becomes the guiding compass in such situations. The board of directors plays a crucial role in ensuring that residents are well informed about the reasons behind the special assessment, its scope, and the expected impact on the community.

Infusing compassion into the communication process involves empathy and understanding. The board should acknowledge the concerns and emotions of residents, addressing not just the financial aspects but also the shared sense of community. Regular updates, town hall meetings, email blasts, community channel, website, newsletters, and open channels of communication foster a supportive environment where residents feel heard and included in the decision-making process.

Board’s Fiduciary Duty

The fiduciary duty of the board extends beyond financial responsibilities. It involves acting in the best interests of the community and its residents. In the context of special assessments, the board is voting to make decisions that safeguard, maintain, protect, and secure the financial health and well-being of the association.

A compassionate board recognizes that special assessments can be a

source of added stress for residents. While fulfilling their fiduciary duty to maintain and protect the community and its financial stability, the board should also attempt to minimize the impact on individual homeowners. This may involve exploring alternative financing options, negotiating favorable terms, or implementing payment plans that alleviate the immediate burden on residents.

Researching banks that specialize in understanding and focusing on working in community associations is a strategic step the board can take to enhance their support for residents during special assessments. By proactively exploring financial institutions with expertise in community associations, the board can identify banks that offer loans, lines of credit, favorable terms, flexible financing options, and a deep understanding of the unique challenges faced by associations.

This research empowers the board to negotiate better financing arrangements, potentially securing terms that lessen the financial burden on residents.

Engaging with specialized banks allows the board to tap into resources tailored to the specific needs of community associations, ensuring a smoother and more informed financial process.

Additionally, the board can share their findings with residents, keeping them informed about the selected banking institu-

Marcy L. Kravit

tion partner and the benefits it brings to the community.

Transparent communication about these efforts demonstrates the board’s commitment to securing the best possible financial solutions and builds trust and confidence among residents.

Incorporating this initiativetaking approach into the overall strategy not only strengthens the financial foundation of the community but also reflects the board’s professionalism and dedication to exploring options that can alleviate the impact of special assessments on individual homeowners and the added stress that goes along with it.

The Community Association Manager’s Role

The community association manager serves as a vital link connecting the board and residents, playing a fundamental role in the entire process. Beyond the administrative duties, they are professionals and a support system, helping residents navigate the intricate landscape of special assessments. Aiming to be approachable, responsive, and understanding, the manager becomes a reliable source of support during times of uncertainty, ensuring that residents feel heard and cared for throughout the challenges posed by special assessments.

The manager’s role involves acknowledging the emotional impact that special assessments can have on residents. It requires actively listening to concerns, offering clear explanations, and providing reassurance. The manager should play an active role in facilitating communication between the board and residents, ensuring that information is shared in a clear, understandable, and empathetic manner.

Examining the intricacies of expenses and the association’s financial shortfall provides clarity on the challenges faced. The detailed breakdown of expenses is crucial for residents to understand the specific areas where funds are allocated and the reasons behind the association’s financial strain.

The board can transparently communicate the detailed breakdown, outlining specific expenses such as maintenance, repairs, insurance, and other operational costs. This clarity helps residents comprehend the necessity of the funds and why certain expenditures are essential for the overall well-being of the community.

By providing a comprehensive overview of the expenses, the reasons for the financial strain, and an initiative-taking plan for improvement, this approach should build trust, transparency, and a shared commitment among residents and hopefully facilitate a collaborative effort to navigate the challenges associated with special assessments.

The Association Attorney’s Role

In the context of special assessments, the association attorney plays a specific role related to legal aspects surrounding these financial measures. The attorney’s responsibilities include the following:

Legal Compliance—The association attorney ensures that the process of implementing special assessments adheres to the legal framework governing community associations. This involves reviewing governing documents, state laws, and any specific requirements related to special assessments.

Notification Procedures—Special assessments often require specific notification procedures and a vote of the membership regarding these financial obligations. The attorney aids in drafting and reviewing these notifications and procedures to ensure they comply with the documents, state statutes, and legal standards in providing residents with the necessary information.

Challenge Resolution—In situations where residents challenge or dispute the legitimacy of a special assessment, the association attorney becomes involved in resolving these legal issues. They may provide guidance on the association’s authority to impose assessments and address legal concerns raised by residents.

Enforcement Actions—If residents fail to comply with the special assessment requirements, the association attorney may initiate legal actions to enforce payment. This can involve pursuing liens on properties or taking other legal measures to collect the necessary funds.

Documentation and Records—The attorney ensures that all legal documentation related to special assessments is accurately maintained. This includes records of notifications, board decisions, and any legal actions taken, providing the legal documents in case of future disputes.

Contractual Compliance—Special assessments may involve contracts with service providers or contractors for specific projects. The association attorney aids in reviewing and negotiating these contracts to protect the association’s legal interests.

Review of Governing Documents—The attorney examines the association’s governing documents to confirm that they grant the board the authority to impose special assessments. They also ensure that any limitations or requirements related to special assessment procedures are in compliance.

Legal Guidance to the Board—

Offering ongoing legal guidance, the attorney advises the board on the legal implications of special assessments, potential challenges, and the best practices to minimize legal risks.

By actively taking part in the legal aspects of special assessments, the association attorney contributes to a transparent and legally sound process. This involvement helps protect the association’s interests, ensures compliance with relevant laws, and addresses any legal challenges that may arise in the course of implementing special assessments.

In the management of special assessments within community associations, it is crucial to acknowledge that this is a collective and collaborative effort that involves the board of directors, the community association manager (CAM), the attorney, and residents. This undertaking requires professionalism, patience, support, compassion, and a willingness to listen.

Beyond mere numerical entries on a spreadsheet, the focus should be on the lives, homes, and sense of belonging within the community. It involves conveying communication with a human touch, approaching fiduciary duties with compassion, and utilizing the significant role of the CAM as a guide in this process.

By embracing these principles, associations can develop resilience and unity in the face of financial challenges. Together, residents, boards, and managers can navigate this journey with empathy and understanding, ensuring that the association remains a secure, supportive, and stable community for all involved.

BECAUSE YOU ASKED

By Betsy Barbieux, CAM, CFCAM, CMCA

Betsy,

The troubles here continue! A board member approached me the other day and said the new board members changed passwords and codes and won’t share them with him. He is locked out of the computers, the office, and banking passwords. And three of the board members are having private meetings and excluding the fourth one. What recourse does he have, if any?

- Cathie

Cathie,

I don’t think he has much recourse. It doesn’t seem to be a legal problem or something an attorney would get involved in and neither would the DBPR. It appears to be a moral, ethical, and procedural issue, which is unfortunate and sad since these people are not fifth graders.

- Betsy

Betsy,

Our bylaws list us as the “White Ibis Condominium Association, Inc.” Are we not an HOA?

- Bob

Bob,

No, you are a condominium association under Chapter 718. The use of the word “homeowners” is a misuse of the word since there is an actual formal law known as Chapter 720, Florida Homeowners’ Association Act. You could say you are a “COA,” but don’t use HOA to describe your community.

Please be sure to subscribe to my YouTube channel, CAM Matters™. You’ll learn a lot about living in and managing a condominium association. www.youtube.com/c/cammatters

- Betsy

Betsy,

One of my condominium developments has heavy investor ownership, and as such the tenants don’t have the same level of pride in the community. The board was asking if they can charge a rental fee to the owners. The documents do not have any rental restrictions. It seems to make sense to me, but I question if it’s legal.

- Lori

Lori,

My understanding is you can only charge the owners a fee if it is in your declaration, which is where rental restrictions would be too.

If you did charge the owner a fee, it can only be up to one month’s rent and cannot be held in operating funds. It is for damage the tenant

Betsy Barbieux

may do to common elements/ property and must be refunded if there is no damage at the end of the rental term.

To add rental restrictions and charge the owners the damage deposit, you’ll need to amend your declaration. That means the investors will have to agree to restrictions on themselves, which they may not want.

- Betsy

Betsy,

We were told that a document needed to be filed at the county level giving an HOA the right of first refusal in the event an HOA wanted to buy a mobile home park. You said you would check into it, so I wanted to know what you discovered.

- John

John, The Florida Statutes section 723.076(3) and 723.071 are the statutory requirements for recording a notice with the clerk of the court. The statute does not provide the form. So, you’ll need to create one or have an attorney do it for you.

As an aside, the Chapter 723 Florida Mobile Home Act is poorly named because it is often confused with Chapter 720, the Florida Homeowners’ Association Act. The two types of ownership and statutes are worlds apart. When the legislators named Chapter 723 owners’ association, they should have left out the word “home.” Something like “tenants’ association” would have been a better fitting term.

- Betsy

Betsy,

I really enjoyed your class at the Star Hospitality Conference in Punta Gorda. I found it very enlightening and insightful. I have three questions.

We are going to videotape our meetings. What rules, etc. are required to have only homeowners view them? We cannot use our website.

Currently the financials are posted on the owners’ web page. They include the owners’ nonpayments, balances, etc. Is that ok?

All our correspondence and business is on our CAM’s laptop. I assume if we change CAMs, then he or she is obligated to turn over all emails and files to the new CAM, right?

- Lynda

Lynda,

Basically, there are only a few laws for videotaping meetings and who can see the video. Mainly, owners may audio or videotape the meetings based on rules adopted by the board. What the owners do with the recording is not regulated. There is no regulation for putting videos on the website.

Account receivable (A/R) reports are not secret or private: they are official records. Any owner can request access to the report. An A/R report is not available to third parties except in the case of an estoppel request.

You don’t say if the CAM is your employee or works for a management company. If the CAM is an employee, I’ll assume the computer belongs to the association so it will stay with you when the CAM leaves.

When you change management companies, they are required by law to turn over all official records of the association within 10 days of termination of the management agreement. Emails are considered official records, but I honestly don’t know how they could be downloaded or transferred.

- Betsy

Betsy,

In my HOA, the question on everyone’s mind is if the BOD can vote off another member without a meeting? Or with a meeting? And is there a Chapter 720 publication for dummies?

- Cathie

Cathie,

Board members can only be removed by the membership through a specific statutory process called “recall.”

Officers may be removed from their office (but not from the board) by the board members. That board member would then take a plain board seat.

The Florida Board Education Course Homeowners manual is a good resource as well as the CAM QuickStart™ manual. Both come with the class with the same name.

Also, all the free articles on my website and of course my YouTube channel, CAM Matters™ at www.youtube.com/c/cammatters , are additional helpful resources.

- Betsy n

Ruth Anglickis, PD / CEO

“We are a people pleasing company where a handshake makes a deal and a lasting friendship.”

Pictured below: Robyn Rocco, VP Leonardo Lucena, Regional Manager

GET ON BOARD THE SUCCESS TRAIN

Avoiding Board Derailment by Staying on Track

BY JEFF GAY, AMS

Board members are often their own worst enemy. In order to avoid common mistakes that tend to pop up unexpectedly, board members should follow a set of core principles or guardrails to prevent community issues from hijacking the good community enhancement work they do.

As guardians of their communities, board members within community associations shoulder significant responsibilities. From legal compliance to financial stewardship and community engagement, the role demands a multifaceted approach. Here’s a breakdown of key insights to empower board members in their governance journey. If board members can train themselves to anticipate problematic situations, they can enhance their reputations, develop a good community culture, and develop a proven track record of success.

Photo by iStockphoto.com/Boarding1Now

ADMITTING LIMITATIONS AND EMBRACING LEARNING

Board members should acknowledge the complexity of their roles. It’s essential to accept that no one knows everything about the law, community dynamics, or association governing documents. Embracing a mindset of continuous learning fosters growth and adaptability, enabling board members to navigate challenges with confidence and competence.

LEAVE A PROPER BOARD FOOTPRINT

Minutes should be a record of what was done (motions) and action items for future meetings. Leave extraneous comments out of the minutes to protect your community today and tomorrow. Sometimes offhand comments reveal practices and board beliefs that could come back to haunt your community in the future. You owe it to your community not to leave a damaging footprint. Keep your minutes and community records accurate but lean.

LISTENING WITHOUT PREJUDICE

Listening to community members is an art that demands empathy and impartiality. Board

JEFF GAY, AMS, DIRECTOR AT LELAND MANAGEMENT

Jeff Gay is Sarasota director, LCAM, CMCA, AMS. He can be reached at 941-866-6752, email JGay@lelandmanagement.com, or visit www.LelandManagement.com

members should adopt a receptive stance, actively gathering information without passing judgment or making premature commitments. Open channels of communication foster trust and inclusivity within the community, empowering residents to voice concerns and contribute constructively to collective decision-making processes. The key to this insight is to develop a venue for addressing member suggestions that is not in the middle of a prepublished board meeting agenda. Stick to your agenda, and take suggestions after the meeting is over so as not to confuse agenda items with unofficial suggestions.

FINANCIAL VIGILANCE AND RESOURCE ASSESSMENT

A balanced financial approach is paramount in sustaining community vitality. Board members must regularly assess the association’s balance sheet, anticipated revenue, and projected expenses. The essence of community association work lies in balancing money versus manpower, a.k.a. the M&Ms. Evaluating resources— whether through low-cost vendors or volunteer labor—and weighing risks against rewards ensures fiscal prudence and operational efficiency.

CELEBRATING COMMUNITY POSITIVITY

Positivity breeds unity and resilience within communities. At each board meeting members should highlight positive community developments since the last gathering. Recognizing achievements and milestones fosters a culture of appreciation and camaraderie, reinforcing the collective sense of pride and belonging among residents. Give your residents something good to brag about

to their nonresident friends. Your board meeting should not aspire to be all about negative items.

GUIDANCE FROM LEGAL COUNSEL

Legal guidance is indispensable in navigating the complexities of community association governance. Board members should develop a comfortable relationship with their association attorney. When the board seeks regular counsel from legal and financial professionals, particularly concerning delinquency proceedings and compliance matters, they spread the decision-making risk among licensed professionals. This makes explaining complicated issues to your membership much easier. Understanding the legal landscape empowers boards to make informed decisions and uphold community integrity within the bounds of the law.

TRANSPARENT DECISION-MAKING

Transparency is the bedrock of a healthy community culture. Board members should communicate the rationale behind decisions to foster understanding and trust among residents. Clarifying the “why” behind each decision promotes transparency and cultivates a culture of accountability, ensuring alignment between board actions and community expectations.

MASTERING BOARD MECHANICS

Understanding the mechanics of board operations is essential for effective governance. Board members should delineate the processes for decisionmaking, distinguishing between motions requiring board approval and matters necessitating membership votes. Prudent financial management—including assessing cash flow, abiding by budgetary constraints, and setting an appro-

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EMBRACING THE REALITIES OF COMMUNITY MANAGEMENT

Accepting the realities of community association management is key to maintaining perspective and resilience. From routine maintenance challenges to member expectations and compliance issues, board members must navigate a myriad of responsibilities with pragmatism and equanimity. Recognizing these universal truths enables boards to focus on strategic priorities and uphold the community’s long-term well-being. Common issues that every community faces are as follows:

• Landscaping declines

• Gates break

• Parking causes issues

• Some homeowners will not be nice during board meetings

• People do not always pick up after their pets

• Bulk landscapers occasionally create ruts in the sod

• Homeowners forget to apply for their architectural modifications

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All of these are common concerns that board members deal with. The trick is not to let these issues overtake the larger vision for the community. Boards should manage these issues but not let these issues manage them. In conclusion, effective community association governance hinges on proactive leadership, transparent communication, and a commitment to continuous improvement. By embracing these core principles and navigating the complexities of board membership with diligence and foresight, board members can nurture thriving communities where residents are not consumed with negativity. Your goal is to create a community that allows homeowners to focus on community camaraderie. n

Best Practices for Successful Vendor Relations

BY RANDY MILLER

Board members have a fiduciary responsibility to act in the best interests of the community they are elected to represent. One crucial aspect of this responsibility is establishing effective vendor relations. Board members can enjoy a successful relationship with selected vendors by making sure they are adequately insured, establishing good habits for protection and compliance, and following through with a thorough vetting process. A detailed understanding of the following best practices is beneficial when selecting vendors for your community.

Photo by iStockphoto.com/Jirsak

THE VETTING PROCESS

The selection and oversight of contracted vendors is essential as effective and efficient management of vendor records and relations helps to further the ultimate goal of protecting your community. Vendor relations can be tricky and often complicated for board members to manage alone. Don’t worry! Your community association manager or management company can help with this process by scouting, selecting, and contacting vendors on behalf of the board and community through bids and RFPs with specific scopes of work. They not only serve as a communication channel for good vendor relations but also as a venue through which associations can find tried-and-true vendors!

Once a vendor is selected, verify insurance coverage before the vendor is present on association property. Once on site, thoroughly discuss a tentative plan for expectations of service and payment and ask the vendor to provide a certificate of insurance (COI) and a valid employee identification number (EIN or social security number for independent contractors) to start the vendor setup! Remember: a good vendor is responsive and will not hesitate to provide previous references and verified documents.

INSURANCE AND LIABILITY

Vendor insurance acts as a vital safeguard for associations. Ensure everyone on your board is aware of potential liability risks from vendor actions or contractual obligations, such as damage to people or property

RANDY MILLER, DIVISION PRESIDENT, SENTRY MANAGEMENT

Randy Miller is a division president for Sentry Management, overseeing offices in Clermont and Kissimmee. He has been with Sentry in the community management industry since 2001. Sentry Management is a full-service community management company whose sole business is managing communities, homeowner associations, and condominiums. Sentry has 14 offices managing hundreds of condominium and HOA communities across the state of Florida. Sentry was recently named a National Top Workplace of 2024 by USA Today For more information, visit www.sentrymgt.com.

and the threat of injury or death. Vendor insurance defers or deflects a subsequent lawsuit to the vendor’s insurance carrier instead of the association’s insurance policy. It requires the carrier to absorb attorney’s fees, medical costs, and lost wages and can remove personal liability from the association. If a vendor lacks the required insurance or allows his or her policy to lapse, the association can be vulnerable to legal action from injured parties, so make sure to request appropriate legal documentation and proof of insurance before starting a new vendor relationship. Also make sure your board or manager has a way to track insurance so you know it does not lapse while your vendor is employed by your association! And don’t forget to name

your community management company or the association as the certificate holder on the COI.

SELECTING A VENDOR AND SIGNING A CONTRACT

Beware of the lowest price! While cost is undoubtedly a factor in vendor selection, boards must exercise caution when confronted with exceptionally low bids. Such offers may signal inadequate insurance coverage, bad practices, or even legal complications, potentially exposing the association or property to financial risk or damage.

Make sure to review vendor contracts. When entering a contractual vendor agreement, the board and its attorney should review all documents before service is rendered. The contract should include a scope of work, terms of payment, requirement of proof of insurance, cost of contract with detailed line items, causes of termination, indemnification provisions,

warranty of work or product and exclusions, a timeline, and any other important information for completion of service.

When reviewing the contract, determine whether a vendor is classified as an independent contractor. If so, as part of the written contract for the project, the board will want the association’s attorney to address the vendor’s independent contractor status to ensure that the vendor does not claim their status as an association employee. This classification as an employee would mean additional labor laws applying to the vendor relationship, and the association may be responsible for providing employee or workers’ compensation benefits. By explicitly stating a vendor is an independent contractor in vendor-association agreements, the contractor must provide their own insurance and benefits.

COMPLETION OF WORK

Once the service is complete and before paying the final invoice, check to see if the work was completed and up to the established parameters set through the vendor contract. This ensures the board pays the invoice in a timely manner to reinforce the relationship with a trusted vendor, or it ensures they are not paying for incomplete or unsatisfactory work. Remember, it is the board’s fiduciary responsibility to ensure the community funds are spent in a way that benefits the community while also staying within the budget!

SUCCESSFUL VENDOR RELATIONS AND YOUR COMMUNITY

The importance of understanding and managing vendor insurance cannot be overstated in community governance. By prioritizing thorough vetting, clear communication, and adherence to best practices, board members can fortify their communities against potential liabilities and ensure smooth operations. Cultivating strong vendor relationships and collaborating with community association managers further enhances its ability to protect the needs of the community! n

Unlocking the Partnership between Property Managers and Security Providers

BY NATHAN VARN

Property management for community associations is a crucial aspect of maintaining a safe, organized, and thriving neighborhood. Given that many associations consist of various residential properties or units, shared spaces, and amenities, diligent oversight is necessary to ensure everything is well maintained and secure. Often this oversight includes communicating and coordinating with community service providers and partners who specialize in the fields that address the needs of the association. For most communities, this includes a security vendor. That much may seem obvious, but what many do not see is the specific ways a property manager and security provider work together on the typical systems installed and utilized throughout an association.

Photo courtesy of Envera Systems

COMMUNITY ACCESS MANAGEMENT

Access management plays a vital role in controlling who can enter the community and its facilities. By utilizing technologies such as key fobs, access codes, or radio frequency identification (RFID) technology, property managers can regulate entry and monitor who is coming and going. This security system is frequently viewed as the first layer of protection throughout a neighborhood to prevent trespassing and unauthorized access. It not only enhances security by preventing unauthorized individuals from entering the premises but also provides residents with a sense of safety and peace of mind.

Once an access control system is installed, regular database management is necessary to maintain the integrity of the system. This includes activating and assigning credentials to each resident or property as well as deactivating credentials when a resident moves out of the community. Then there’s additional management when residents report lost or stolen credentials.

Beyond the database, the system may need occasional adjustments to revise the days or time frames when access is allowed to those with the correct credentials. For example, some communities have the system set to lock all doors and gates to a pool between the hours of 6:00 p.m. and 7:00 a.m. during the off season. However, this can be adjusted for the summer when the community wants to have the pool open longer, allowing access to residents until 8:00 p.m.

Some property managers

NATHAN VARN, VICE PRESIDENT, ENVERA SYSTEMS

Nathan Varn is the vice president of sales and marketing for Envera Systems. He manages the sales, sales support, marketing, and account management teams while working closely with all of Envera’s departments to provide information, education, and best-in-class service for the communities that Envera secures. Envera Systems is an all-inclusive security provider that focuses on the unique needs of communities through technologybased solutions. Using trained virtual guards, Envera is able to verify visitors at entrances, monitor video, manage community databases, and more. Contact info: 855-380-1274 or www.EnveraSystems.com

choose to manage entire access control systems on their own, but given their number of other responsibilities, many CAMs will turn to experienced security companies to handle the database management and system changes. It’s just one of the many ways that community security vendors partner with community managers to maintain a secure access control system. This partnership also simplifies the process for tracking visitor activity and assisting with investigations when the security provider is able to easily retrieve access activity reports, allowing the property manager to focus on the other elements of a security event.

VIDEO SURVEILLANCE

In tandem with access control, video surveillance is another essential tool for ensuring the safety and security of an association. Surveillance cameras strategically placed throughout the property can deter criminal activity, monitor common areas, and provide valuable evidence in the event of vandalism, theft, or other security breaches.

Once cameras are in place, the property manager is able to remotely view video footage through each camera included in the surveillance system. This also gives access to retrieve video footage of any incidents or security events, but it’s no secret how time-consuming that task can be. Many turn to a security partner for those needs and more.

Provided it’s an included service, some vendors will have teams and experts dedicated to retrieving video footage on specific dates and times for a community manager. This can include vehicle owner information if

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footage from a specialized license plate camera is needed. One of the main reasons for having video surveillance throughout a community is to have evidence accessible when needed, and a team to support the process of identifying the necessary footage simplifies the steps for management and boards.

To always keep a watchful eye on a community without having to physically do so, property managers turn to modern video surveillance systems with remote monitoring capabilities. No one enjoys a midnight call about trespassers on the pickleball courts, and an active video surveillance solution takes care of that issue. Virtual guards or agents can see and speak with individuals in monitored areas during the overnight hours, and a follow-up of what took place can be provided to the manager

to maintain oversight of the system and operations.

As a property manager for a community, maintaining a safe and welcoming environment for all residents is a priority.

However, that’s just one piece of the complete puzzle of managing the entire association. Collaboration with a trusted security partner is key to receiving expert guidance and support in implementing and maintaining these security measures, ensuring that the community remains a desirable place to live for all residents. By partnering with a reputable security provider, community associations can benefit from professional installations, maintenance, management, and monitoring of their security systems, further enhancing the overall security posture of the neighborhood. n

Photo courtesy of Envera Systems

10 consecutive years

Driven by Communities and Partnerships

We want to extend our sincerest gratitude to every community, property manager and board member who contributed to recognizing Envera the past 10 years. We are truly honored to be consistently acknowledged as an outstanding safety and security service provider for communities in Florida. We genuinely attribute this recognition to the collaboration of all our Envera team members, partners and supporters. We look forward to serving you with efficient and effective community security solutions for years to come.

Access Your Life.

Seven Tips to Prepare Your Community for the Florida Summer

BY ANA RIVERO

As the weather grows ever warmer and the days grow longer, it’s time to start thinking about how to get your community ready for the summer season. While hurricane plans and preparations may seem to take all the focus, taking proactive steps now can help your community weather whatever storms may come. A little planning and effort now can help your residents enjoy the rest of summer as much as possible.

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ASSESS COMMON AREAS

One of the first tasks on the summer preparation checklist is to thoroughly inspect the common areas within your community. The list should include playgrounds, parks, pools, and any other shared spaces your association manages. Identify any necessary repairs, maintenance, or upgrades, and work with your HOA or community management team to address these issues before the summer rush.

ENHANCE LANDSCAPING AND CURB APPEAL

As the weather warms further, it’s the perfect time to focus on enhancing your community’s overall landscaping and curb appeal. In addition to hurricane safety, address items like shade and airflow with your landscaping team. Your team may need to trim hedges and trees, mow areas more frequently, plant seasonal flowers, and do other things to ensure the common areas are well maintained and visually appealing.

Now is also a great time to

ALLIED PROPERTY GROUP—HELPING YOUR COMMUNITY WEATHER THE SUMMER

At Allied Property Group, we understand the unique challenges and responsibilities that come with managing a homeowner’s’ association or community. Our team of experienced professionals provides comprehensive solutions to help your community thrive, no matter the season. From community management and maintenance to event planning and policy development, Allied Property Group has the expertise and resources to ensure your community is well prepared for the summer and beyond. Contact us today at 305-232-1579 or 239-241-6499 or visit www.alliedpropertygroup.net to learn more about how we can support your community’s success.

check your community’s irrigation system for leaks, clogs, or other issues. Check that sprinklers are correctly adjusted to avoid wasting water, especially with those afternoon summer showers. Check your system’s rain sensors, or consider installing them so your sprinklers aren’t running in the rain.

PREPARE AMENITIES FOR SUMMER USE

If your community has amenities like swimming pools, splash pads, pickleball courts, or community centers, preparing them for the regular use they may see over the summer is crucial. Pools are a particular area of focus. Your pool maintenance company should maintain its chemical balance, keep the filtration system running efficiently, and keep your pool clean. Someone must also check the pool’s safety equipment, such as a first aid kit or life-saving rings. Make sure these items are accessible and that your residents know where they are kept. They need to be returned or restocked after use.

REVIEW AND UPDATE COMMUNITY POLICIES

Before the summer season kicks into high gear, reviewing and updating your community’s policies and guidelines is a good idea. This may include rules around noise levels, parking, pet management, and the use of common areas. Ensure that these policies are communicated to all residents and that necessary enforcement measures are in place.

Effective communication is key when preparing your community for summer. Reach out to residents through various channels such as newsletters, community websites, or social media to inform them about upcoming events, policy changes, and any vital information they need.

BRING YOUR COMMUNITY TOGETHER, MAYBE FOR A CAUSE

Summer is a great time to bring your community together through various events and activities. Building a strong sense of community within your neighborhood can significantly enhance residents’ overall experience. Encouraging neighborly interactions through summer initiatives like pool parties or picnics can foster a sense of belonging among residents.

Consider a volunteering event, fundraiser, or educational series to bring your residents together in a community center when it’s just too hot to do things outside. Whether it’s providing information about energysaving practices like using ceiling fans and keeping blinds drawn, partici-

pating in a walk, or organizing a beach cleanup, these activities will keep your residents engaged throughout the long summer days.

By nurturing a culture of collaboration and engagement within your community, you can create a vibrant environment where residents feel connected and invested in maintaining a thriving neighborhood throughout the summer months and beyond.

ADDRESS SAFETY AND SECURITY CONCERNS

As more people spend time outdoors in the evening, reviewing your community’s safety and security measures is essential. This may involve tasks such as ensuring proper lighting in common areas, reviewing emergency protocols, and coordinating with local law enforcement if necessary.

PREPARE FOR SEASONAL CHALLENGES

Summer can bring its own maintenance challenges. Pests are a particular concern due to the hot weather and summer rains. Double down on measures to control pests like mosquitos, ants, and palmetto bugs, such as regular garbage collection, mosquito repellant practices, and proactive pest control treatments. Other seasonal challenges include managing water flow during heavy rains, maintaining landscaping during the growing season, and managing the heat. Work with your HOA or community management team to develop a comprehensive plan to address these annual issues. n

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Maintenance Checklist to Enhance Your Community’s Value

BY SHERWIN LEWIS

As acclaimed author Deniece Schofield describes the importance of proactive maintenance, “Don’t start today by doing yesterday’s work.” There are many steps Florida community managers and association board members should implement now to bolster their community’s value and curb appeal.

On-site team members have many daily needs to address to keep communities fully operational, so

creating processes can ensure the team stays on track and is prepared to address any future issues that come up. Establishing a written main -

Photo by iStockphoto.com/Nuttawan Jayawan

tenance checklist can empower team members to spring into action faster and anticipate the community’s needs. Create sections that cover the “daily run” checklist that encompasses everything the team does during the day; the “always” checklist for building rules and permanent settings for lights, thermostats, and alarms; and the “special” checklist for emergencies or big events.

Important considerations when developing a community checklist include the following. Review the age of a building’s technology infrastructure. Many communities were not originally constructed with modern technology in mind. Identify what is missing from a community’s technology stack to help optimize its present and future operation.

HVAC systems account for the highest monthly consumption in a building. Having an in-depth understanding of how the community’s air conditioning units, cooling towers, furnaces, vents, ducts, and related equipment work will help save substantial money on future repairs. It takes a long time to recognize the source of a problem such as air quality. By the time a maintenance team gets to the bottom of it, repairing the issue could be as much as 10 times more expensive than it would have been if team members knew what to look for. Consider it the same as owning a car, as car owners could spend twice as much money because they did not know their tires were not aligned properly.

Create specific preventive maintenance checklists for each month. For instance, January’s checklist could cover making sure elevator inspections are up

Sherwin Lewis, Corporate Director of Engineering, KW PROPERTY MANAGEMENT & CONSULTING

Sherwin Lewis is corporate director of engineering at KW PROPERTY MANAGEMENT & CONSULTING.

KWPMC is one of Florida’s largest residential property management companies, with more than 2,600 employees and 90,000 units under management. Its portfolio includes upscale high-rise towers, townhome communities, and homeowners’ associations. Visit www.kwpmc.com for more information.

to date with elevator licenses properly displayed, confirming that doors and hardware are operational with doors and frames in mint condition, and checking exhaust and sprinkler systems. Then add different systems and sections of the building to check in February and each month after that. In time, the team will have a clear road map for the entire year.

Communicate the checklist objectives to team members clearly and effectively. Keep it simple and stay on message, as the many elements of a checklist can be overwhelming. Make sure to repeat key points of emphasis as once is not nearly enough to cover everything. A conversational tone is also recommended as team members may tune out if they are being lectured at. Emphasize that this is being done to make their work lives easier.

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Stay up to speed on Florida’s new laws governing building inspection requirements. Any building that is at least three stories in height and 30 years old before July 1, 2022, must complete a milestone inspection by Dec. 31, 2024. That deadline becomes Dec. 31, 2025, if the building reaches 30 years old between July 1, 2022, and Dec. 31, 2024. Additionally, associations

must have a Crime Prevention Through Environmental Design (CPTED) study performed by a law enforcement agency or certified practitioner by Jan. 1, 2025. The on-site team should be completing its separate checklist for compliance with that specific requirement now.

Keep an up-to-date record of a community’s mandatory annual (and semi-annual) certifications. This will include life safety systems (fire extinguishers and alarms, smoke detectors, fire doors, etc.), generator, fuel tank, elevator, and pool inspection certifications.

These checklists have the added benefit of boosting morale among team members and helping retain good employees. The job can be stressful and exhausting, but these processes bring consistency and certainty that the team is prepared for any situation that occurs. Residents also appreciate that they can expect a similar experience each day and that measures are being taken to enhance the value of their community. n

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Unlocking Financial Success: Budgeting Tips for Board Members

BY SHAUNA FLEISCHBEIN

As we approach another budget season, Florida community associations gear up for what is often a rigorous financial planning exercise. However, with the right preparation and strategic approach, this season can transform from a daunting task into a well-executed financial plan for the upcoming year. Let’s explore essential tips and tricks to ensure a smooth and successful budget process for your association.

A critical first step in budget preparation is thoroughly understanding your contractual obligations. Begin by conducting a detailed audit of all existing service contracts. Ensure all contracts are well-documented, highlighting key terms, expiration dates, and escalation clauses.

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Engage in proactive discussions with vendors to anticipate cost increases and negotiate terms, which allows for more accurate budget projections.

Insurance has become a significant line item in community association budgets.

Insurance costs have been consistently rising, and securing policies has become increasingly challenging, particularly for communities with deferred maintenance or delayed 40-year certifications. Collaborating closely with your insurance agent to gain a comprehensive understanding of your policies and projected cost increments is essential. Early engagement with your insurance provider will help you effectively anticipate changes and integrate them into your budget.

SHAUNA FLEISCHBEIN, SENIOR BUSINESS DEVELOPMENT MANAGER, CASTLE GROUP

Shauna Fleischbein is a highly skilled senior business development manager who excels in networking and building relationships. She launched her career in 2007 in the property management industry and has since held various positions, including marketing and business development as well as managing luxury towers and large-scale HOAs. Shauna has been a part of the Castle family for nine and a half years, and since joining the business development team in 2016, she has achieved significant growth in the Tampa/Sarasota market. Outside of work Shauna enjoys spending quality time with her family, traveling, and cooking. To learn more about how Castle Group can serve your community, request a proposal at www.castlegroup.com/request-a-proposal

Reserves are critical to your association’s financial health, and recent legislative changes have tightened the regulations around them. It’s imperative, especially for condominiums and cooperatives, to ensure that your budget aligns with these new requirements, particularly concerning structural integrity reserves. Budgeting accurately for reserve funding is crucial to ensure compliance and maintain your association’s financial health.

The budgeting process is a collective effort, often involving property managers, board treasurers, and finance committees. After investing significant time and effort into creating the budget, the last thing any association wants is an error due to a simple oversight,

such as a formula mistake or an outdated hardcoded number. To avoid costly errors, establish a robust quality control process. Double check all figures and formulas and verify that any manual entries are correct. A single miscalculation can have a ripple effect, so it’s essential to review the budget meticulously before presenting it for final approval.

Timely communication with your community is vital. Delays in delivering statements or coupons can lead to frustration and late payments at the beginning of the new year. To avoid these issues, it is best to initiate budget preparations early, ideally after the June financials are available. Completing an early budget meeting allows for the timely distribution of statements/ coupons. Since only a handful

of companies produce these documents, providing data well in advance ensures efficient production and delivery.

In addition to the essential steps outlined, also consider these factors for a comprehensive budget:

1. Utility Trends—Monitor utility consumption and rate changes.

2. Legal Expenses—Legal fees can be unpredictable. Review past expenses and consult with your legal counsel to estimate potential costs for the upcoming year.

3. Community Projects—Plan for any significant community projects or enhancements. Gather bids early and include a contingency fund for unforeseen expenses.

4. Delinquency Rates—Analyze past delinquency rates to forecast potential shortfalls in collections. This will help maintain financial stability even when faced with revenue inconsistencies.

In summary, budget season doesn’t need to be a source of stress for Florida community associations. Your association can craft a robust budget by thoroughly reviewing contracts, diligently managing insurance, adhering to reserve fund regulations, enforcing quality control, and adhering to a strategic timeline. This proactive and systematic approach lays the groundwork for a financially secure and thriving community, allowing you to approach budget season confidently and clearly. n

Preventive Maintenance— No Longer Optional

BY JAMES BOURASSA

WHAT IS PREVENTIVE MAINTENANCE?

Preventive maintenance refers to the routine maintenance tasks performed on the association’s physical assets and mechanical equipment components. It is prudent to have preventive maintenance items on a recurring schedule. Preventive maintenance is performed to help extend the life of the different assets and equipment within the community’s property, decrease repair costs, limit liability, and prevent the likelihood of equipment failure and unplanned downtime. Examples of preventive maintenance include detailed inspections of the assets and equipment, cleaning equipment regularly to limit dirt and dust buildup, lubricating equipment to limit premature wearing, optimizing energy efficiency, and making repairs and

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replacing defective parts to prevent equipment failure.

WHY IS PREVENTIVE MAINTENANCE CRITICAL?

Associations often offer impressive amenities and services. Examples include recreational centers, buildings, clubhouses, fitness centers, swimming pools, rooftops, and other specialty facilities. Communities that do not invest in a proper plan run the risk of deteriorating at a faster rate, which can result in decreasing property values. Maintaining the value and aesthetics of the association amenities and having a comprehensive preventive maintenance program are key components to a successful partnership between the association and the management company.

STAYING AHEAD OF ISSUES

Traditionally, maintenance is more reactive than proactive. This is no longer sufficient to cope with the ongoing maintenance issues an association experiences. In January 2022 Florida

JAMES BOURASSA, VICE PRESIDENT OF PROPERTY MANAGEMENT, SEACREST SERVICES

James Bourassa is a seasoned and experienced professional. In 2009 he made the change to residential property management and joined the Seacrest family. Bourassa served as a community association manager, primarily handling gated HOA communities. He dedicated himself to providing the highest level of service to his community’s board of directors and residents. In May 2018 Bourassa was promoted to the position of regional director and brought his strong work ethic, professionalism, and customer service experience to his new role. As a regional director he continued his growth and knowledge of the industry as well as the art of negotiations, diplomacy, relationships, and leadership. In March 2022 he was named director of property management. In March 2023 Bourassa was promoted to vice president of property management. He is truly a “company man” and is a firm believer in Seacrest and its team. James is a native Floridian and lives in Tequesta with his wife Tara, son Taylor, and daughter Arielle.

lawmakers advanced Senate Bill 1702 stating that a mandatory structural inspection program for multi-family and residential buildings taller than three stories and larger than 3,500 square feet must be established. The Florida Division of Hotels and Restaurants also states that condominiums with elevators or escalators must be inspected yearly, and buildings with balconies must be inspected every three years.

Even if the association does not fall under these categories, it’s crucial to conduct regular inspections.

Inspections can spot any early issues in a building’s foundation, structural and electrical systems, and more. Spotting issues early on can often save hundreds of thousands of dollars and can also protect residents and visitors.

Unexpected repairs can be costly, cause unwarranted headaches, and skew the budget. Why wait? It is best to get ahead of problems as much

Effective planning includes proper budgeting. While some may wish to avoid maintenance issues as much as possible, emergencies can arise when least expected. Whether dealing with a ruptured water line, broken HVAC system, or a kitchen fire, it is crucial that the association has an emergency fund.

as possible. Boards are impressed with extensive and detailed planning. It becomes a feather in a property manager’s hat.

WHO EXECUTES A PREVENTIVE MAINTENANCE PLAN?

A combination of on-site staff and vendors perform the necessary tasks outlined in a schedule developed by management. A maintenance supervisor plays a vital role in making sure that the community buildings, facilities, and equipment are maintained properly. His/her responsibilities include developing HOA maintenance plans, overseeing repairs, managing maintenance staff, and ensuring compliance with safety regulations. In combination with the property manager, the supervisor also coordinates with outside contractors and vendors, manages the maintenance budget, and schedules regular inspections.

Examples of what the on-site staff can do include detailed inspections with documented results and the completion of minor repairs. Larger items such as HVAC maintenance, fire equipment maintenance, landscape hazards, roads, generator maintenance, and roof inspections require the expertise of a reputable vendor. An engineer may also have a role in the process. HOAs, condominiums, and high-rise condominiums all require preventive maintenance on different components.

The impact of a maintenance supervisor on the community is significant. By maintaining the functionality and safety of buildings and facilities, the supervisor helps to create a positive and secure environment for the community. It is critical that the supervisor and property manager effectively communicate and collaborate. Well-maintained facilities also contribute to the overall aesthetics of the community, enhancing its appeal to residents and visitors. Additionally, the supervisor’s role in confirming compliance with safety regulations and standards helps to protect the wellbeing of community members. Overall, the work of a maintenance supervisor directly impacts the community by providing a well-maintained and safe environment for all who live, work, and visit the area.

PUTTING TOGETHER A SOUND PLAN

The first step in putting together a plan is to identify all the components and assets that should be added to the list of items to be

maintained. Robust software options such as computerized maintenance management system (CMMS) are available to assist with the process of developing a plan. The system automates inspection work orders and preventive maintenance tasks and documents on-time completions. A CMMS also helps support regulatory compliance when it’s time for an audit.

The reserve study can be referenced as part of the process as it serves as a checklist. Vendors and manufacturers can be consulted to determine an inspection frequency. Age of the components is a significant factor. The determination of which items can be completed by on-site staff vs. an appropriate vendor should be made.

Establishing a system for recording and storing the data that comes as a result of the inspection and resulting maintenance is paramount. Accurate record-keeping is crucial. This is an area where the use of software can be effective.

Effective planning includes proper budgeting. While some may wish to avoid maintenance issues as much as possible, emergencies can arise when least expected. Whether dealing with a ruptured water line, broken HVAC system, or a kitchen fire, it is crucial that the association has an emergency fund.

Setting this healthy budget can prepare you to act quickly to resolve the problem and provide the safest experience for residents.

In conclusion, a successful preventive maintenance program requires preparation, planning, and proactive scheduling. A diligent management company can assist in creating a successful program customized to any association. A successful plan is one that provides peace of mind. n

How to Choose a Property Management Company

BY

No two communities are identical; each community has various factors which influence what type of management will most effectively help them accomplish their goals. Some of these factors include the availability of resources and the complexity of the community itself.

The following are factors which influence the type of management your community needs:

• Community size and complexity—Generally the larger the association and the more diverse the services it provides for its residents, the more sophisticated the management solutions and required skills that will be needed to manage it effectively.

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ASHLEY DIETZ GRAY

• Financial resources—The smaller the available funds in an association’s budget, the less complex the management solution needed.

• Availability of volunteers— The less the owners are willing or able to volunteer time to carry out administrative functions, the more contractual talent will be required of the management company.

• Services and amenities—The greater the number, variety, and complexity of association services and amenities, the greater the administrative burden.

When the board understands what factors influence their community’s needs the most and have established an understanding of the current costs of operations, the process of

ASHLEY DIETZ GRAY, VP MARKETING, CAMPBELL PROPERTY MANAGEMENT

Ashley Dietz Gray has been handling the marketing at Campbell Property Management since 2013. She is a native Floridian who shines at building relationships and getting things done with a positive attitude. Ashley graduated summa cum laude from Florida Atlantic University with her bachelor’s in communications. She has always believed “knowledge is power” and has made it Campbell’s mission to offer free education through in-person events, webinars, and their blog, Florida Association News (FAN), to board members and property managers of condominiums and HOAs throughout Florida. Ashley has worked hard to spread the word about FAN, which currently has over 19,000 subscribers. To check out FAN and access all of Campbell’s past and upcoming webinars, visit ReadFAN.org. For more information, call 954-4278770, email contact@CampbellPropertyManagement.com, or visit www.campbellpropertymanagement.com

finding the right management company begins. Define your requirements and identify qualified management companies to ask for a bid. Make sure to define the criteria most important to you in the selection process. Selection criteria examples to consider include these following items:

• Reputation/feedback from references in the area—Can you trust this company to do what is best for your community? How long has

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Efficient visitor verification for gated communities is possible with the Virtual Gate Guard solution and automation options. By utilizing advanced technology to automate recognition of permitted guests, plus visitor pre-registration, gated communities can streamline the process of verifying and granting access to visitors. Enhance and expedite the verification process at your community entrance while also increasing convenience for residents and visitors alike.

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the company been in business? Does the company have nearby clients or references from similar communities?

• Contract flexibility—Will you be locked into an agreement that won’t allow changes? Does the company bait you into a long-term contract by offering an initial discount?

• Customization—The complexity of a community directly correlates with the level of experience needed by management and staff to help accomplish the community’s goals.

• Quality of the people—Look beyond the sales team to understand the quality of people in the company. How does the company hire, develop, and retain employees?

• Ongoing support—What type of support does the management company offer their property managers? Do they receive ongoing support and training? What systems does the management company have in place to help their property managers be successful at properties?

If you allow the community manager to manage, the time involvement from your board and/or their appointed committees is significantly reduced. Remember, as the board of directors, one of your main functions is to direct and advise your management company. The many hours per week involved in accomplishing property tasks will be the responsibility of your new management company and its staff. n

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A Comprehensive Guide to Maintenance Services: Addressing FAQs and Best Practices

BY TARA TALLAKSEN

Maintenance services play a critical role in ensuring the smooth operation and longevity of various systems, equipment, and facilities. Whether it’s for residential properties, commercial buildings, or industrial facilities, effective maintenance practices are essential for preventing breakdowns, reducing downtime, and optimizing performance. However, navigating the realm of maintenance services can raise numerous questions. In this article, we’ll address some frequently asked questions (FAQs) regarding maintenance services and provide insights into best practices for achieving optimal results.

WHAT ARE MAINTENANCE SERVICES?

Maintenance services encompass a range of activities aimed at preserving the condition and functionality of assets, equipment, and infrastructure. These activities can include routine inspections, repairs, replacements, and upgrades designed to prevent failures and ensure continuous operation. Maintenance services can be categorized into several types, including the following:

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• Preventive maintenance—

Planned maintenance tasks performed at regular intervals to preemptively address potential issues and extend the lifespan of equipment.

• Corrective maintenance— Reactive maintenance carried out in response to unexpected breakdowns or malfunctions to restore functionality.

• Predictive maintenance— Utilizing data and analytics to forecast equipment failures and schedule maintenance activities before problems occur.

• Proactive maintenance— Anticipatory actions taken to enhance reliability and performance, such as implementing improvements based on past maintenance experiences.

WHY ARE MAINTENANCE SERVICES IMPORTANT?

Effective maintenance services are essential for several of the following reasons:

• Cost savings—Regular maintenance helps identify and address minor issues before they escalate into costly repairs or replacements.

• Enhanced safety—Proper maintenance reduces the risk of accidents and injuries associated with malfunctioning equipment or infrastructure.

• Improved efficiency—Wellmaintained systems operate more efficiently, leading to lower energy consumption and higher productivity.

• Compliance—Many associations have regulatory requirements mandating regular maintenance to ensure safety, environmental protection, and legal compliance.

• Asset longevity—Routine maintenance prolongs the lifespan of assets, delaying the

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Covenant enforcement

Covenant amendments

Contract review/negotiation

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need for costly replacements and maximizing return on investment.

WHAT ARE THE BEST PRACTICES FOR MAINTENANCE SERVICES?

Implementing best practices is essential for maximizing the effectiveness of maintenance services.

• Develop a comprehensive maintenance plan—Create a detailed plan outlining the types of maintenance required, frequency of inspections, responsibilities of personnel, and allocation of resources.

• Prioritize preventive maintenance—Focus on proactive maintenance to prevent breakdowns and minimize unplanned downtime. Establish regular inspection schedules and adhere to them diligently.

• Embrace technology—Utilize maintenance management software, IoT sensors, and predictive analytics to monitor equipment health, detect anomalies, and schedule maintenance activities more efficiently.

• Train personnel—Ensure that maintenance staff are adequately trained in equipment operation, maintenance procedures, and safety protocols. Ongoing training and skill development are crucial for staying updated with evolving technologies and best practices.

• Document everything—Maintain comprehensive records of maintenance activities, including inspections, repairs, replacements, and any relevant data or observations. Documentation facilitates accountability, trend analysis, and regulatory compliance.

• Foster a culture of maintenance— Encourage a mindset that values proactive maintenance and emphasizes the importance of

everyone’s role in preserving assets and ensuring operational reliability.

• Continuously improve— Regularly review maintenance processes, analyze performance metrics, and analyze feedback to identify areas for improvement. Implementing continuous improvement initiatives ensures that maintenance practices remain effective and aligned with organizational goals.

HOW DO I CHOOSE THE RIGHT MAINTENANCE SERVICE PROVIDER?

Selecting the right maintenance service provider is crucial for achieving optimal results. Consider the following factors when evaluating potential providers:

• Experience and expertise—Look for providers with a proven track record of delivering high-quality maintenance services to other community associations. Verify their experience, qualifications, and certifications relevant to the services you require.

• Resources and capabilities— Assess the provider’s resources, including personnel, equipment, and technology to ensure they can effectively meet your maintenance needs.

• Reputation and references— Research the provider’s reputation by seeking references from past clients, reading reviews, and checking industry ratings or certifications.

• Customization and flexibility— Choose a provider that can tailor their services to your specific requirements and accommodate changes or fluctuations in demand.

• Communication and transparency—Prioritize providers who communicate openly, provide regular updates on maintenance activities, and are transparent

TARA TALLAKSEN, MARKETING & SALES ASSISTANT, VESTA PROPERTY SERVICES

Tara Tallaksen is the marketing and sales assistant of Vesta Property Services. She started working for Vesta in amenities as a lifeguard supervisor for about a year before transitioning into her corporate office position. Tara graduated from the University of Florida with her bachelor’s degree. She enjoys exercising and is a certified personal trainer. She plans on continuing her career in marketing and is always willing to learn more about the field. Vesta’s great career opportunities, team support, and diverse trainings can help Tara achieve her professional and personal goals. To learn more about Vesta Property Services and our services, please visit www.VestaPropertyServices.com or call 904-355–1831. We look forward to hearing from you!

about their processes, pricing, and performance.

• Cost and value—While cost is an important consideration, prioritize value over price alone. Evaluate the provider’s offerings in terms of the quality of service, reliability, and long-term benefits they offer.

Maintenance services are integral to the efficient and reliable operation of various assets and infrastructure. Whether it’s preventive maintenance, corrective actions, or leveraging advanced technologies, investing in maintenance services yields significant returns in terms of safety, efficiency, and sustainability. In fact, Vesta Property Services offers a maintenance division filled with a team of highly skilled professionals, cutting-edge technology, and a commitment to proactive and dedicated maintenance practices. n

Knowledge Is Power

The

Changing

Landscape of Association Responsibility—New Crimes and Penalties

BY BRYONY G. SWIFT

When the Florida legislature met in the first part of this year, they focused on community association reform to address unsavory allegations of association corruption which made headlines last year. As a result, this session resulted in significant new legislation on a broad range of topics impacting community association managers, condominiums, cooperatives, and homeowners’ associations. New legislation focuses

Photo by iStockphoto.com/baramee2554

on increased education requirements for board members, increased transparency in board operations, and the deterrence of corruption. This article addresses new crimes and penalties created by the legislature in House Bill 1021, the omnibus condominium bill, as well as this year’s homeowners’ association reform bill, House Bill 1203.

I. Managers

House Bill 1021, also known as “Condo 3.0,” begins by adding to the community association manager

Professional Practice Standards , Florida Statute 468.4334. Florida Statute 468.4334 will require a manager or management company to return association records to the association within 20 business days after termination of a management agreement, or after receipt of a

BRYONY G. SWIFT, SHAREHOLDER, BECKER

Bryony (Brian-ee) Swift is a shareholder in the firm’s community association practice group. She focuses her practice in the areas of general representation and dispute resolution for condominium and homeowner associations. With a focus in community association general counsel work, Bryony assists her clients in navigating corporate governance issues, regulatory compliance issues, owner compliance issues, governing document revisions, and day-to-day operations. As a former litigator, she has significant practical experience with the legal process from intake to post-trial motions and has experience in handling class action litigation. Her courtroom experience helps her respond to violations within a community with practical solutions while also helping her guide her clients to the best possible outcomes. For more information, call 941-957-2991, email bswift@beckerlawyers.com, or visit www.beckerlawyers.com.

written request for return of association records, whichever occurs first. The new paragraph also requires any notice of termination of the management contract to be provided by certified mail or as otherwise provided in the management contract.

Penalties for failure to provide association records in a timely manner are steep. A community association manager or management company that fails to timely return association records within 20 business days is subject to suspension of its license and a civil penalty of $1,000

per day for up to ten business days, beginning on the 21st business day after the termination of management agreement or a written request for return of records. Moreover, failure to return association records within the 20 business days creates a rebuttable presumption that the management company willfully failed to comply. This willful failure to comply may lead to criminal penalties addressed below.

Additionally, HB 1021 will create a new Conflict of Interest statute, §468.4335, establishing a new process for disclosure of any activity that may be reasonably construed as a conflict of interest for a manager or manage-

ment company. This statute will create a rebuttable presumption of a conflict of interest for a manager’s failure to disclose any potential conflict in writing to the board. If the board finds that the manager has failed to properly disclose a potential conflict, their condominium community

Photo by iStockphoto.com/DigtialStorm

may cancel the management contract. Failure to disclose a conflict of interest will also be added to the statute governing community association manager Disciplinary Proceedings, Florida Statute 468.436.

II. Condominiums

House Bill 1021 adds kickback prohibitions to Florida Statute 718.111(1)(a) and makes the acceptance of a kickback by any officer, director, or manager a third-degree felony. It also creates records of access crimes, voting crimes, and voting conspiracy crimes. It provides that any board member charged with a crime set forth within the Condominium Act shall be removed from office and a replacement named by the board. A director removed from office may not have access to

association records without a court order while such charges are pending. HB 1021 also grants the Division of Condominiums, Timeshares and Mobile Homes broad jurisdiction to investigate association actions, levy fines and other penalties, and also make referrals to law enforcement.

House Bill 1021 makes any knowing, willful, and repeated failure to provide access to association records a second-degree misdemeanor and requires the offender be removed from office. A second-degree misdemeanor is punishable by up to 60 days in jail and a fine of up to $500. Knowingly or intentionally defacing or destroying accounting records, or knowingly or intentionally failing to create or maintain accounting reports, will be a firstdegree misdemeanor. A first-degree misdemeanor is punishable by up to a year in jail and a fine of up to $1,000. A person who refuses to grant access to records to avoid detection of a crime or to help another avoid detection of a crime commits a third-degree felony. A third-degree felony is punishable by up to five years in prison and a fine of up to $5,000.

HB 1021 covers fraudulent voting activities related to association elections in Florida Statute 718.112(2)(r)(1)(a)-(f), with each new voting crime a first-degree misdemeanor. Fraudulent voting crimes include the following:

a. Willfully and falsely swearing to or affirming an oath or affirmation, or willfully procuring another person to falsely swear to or affirm an oath or affirmation, in connection with or arising out of voting activities.

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b. Perpetrating or attempting to perpetrate, or aiding in the perpetration of, fraud in connection with a vote cast, to be cast, or attempted to be cast.

c. Preventing a member from voting or preventing a member from voting as he or she intended by fraudulently changing or attempting to change a ballot, ballot envelope, vote, or voting certificate of the member.

d. Menacing, threatening, or using bribery or any other corruption to attempt, directly or indirectly, to influence, deceive, or deter a member when the member is voting.

e. Giving or promising, directly or indirectly, anything of value to another member with the intent to buy the vote of that member or another member or to corruptly influence that member or another member in casting his or her vote. This sub-subparagraph does not apply to any food served which is to be consumed at an election rally or a meeting or to any item of nominal value which is used as an election advertisement including a campaign message designed to be worn by a member.

f. Using or threatening to use, directly or indirectly, force, violence, or intimidation or any tactic of coercion or intimidation to induce or compel a member to vote or refrain from voting in an election or on a particular ballot measure.

Additionally, HB 1021 adds conspiracy-type voting crimes to

the statute. Aiding and abetting a voting crime, and conspiring to commit a voting crime, will also be first-degree misdemeanors. Having knowledge of a fraudulent voting action and assisting the offender to avoid detection will also be a firstdegree misdemeanor.

III. Homeowners’ Associations

Similarly, House Bill 1203 also contains a kickback prohibition, records-access crimes, and voting-conspiracy crimes. A board member or manager who knowingly, willfully, and repeatedly fails to retain or provide access to association records with the intent to cause harm to the association or its members commits a second-degree misdemeanor. Additionally, anyone who knowingly and intentionally defaces or destroys an

accounting record, or who knowingly or intentionally fails to prepare a record, with the intent to cause harm to the association or one of its members, commits a first-degree misdemeanor. Any person who knowingly and intentionally refuses to release or otherwise produce an association record with the intention to avoid detection for the commission of a crime, or to assist another person with such avoidance or escape, commits a felony of the third degree.

Under HB 1203, a homeowners’ association must respond to any law enforcement subpoena within five days, or as directed by the subpoena, and the association must assist the law enforcement agency in its investigation to the extent permissible by law. A director is removed from office and a vacancy declared if charged with any crime set forth in Chapter 720 of the Florida Statutes, as well as for any forgery of a ballot envelope or voting certificate, embezzlement or theft of association funds, or destruction of, or refusal to allow access to, association records in furtherance of a crime.

IV. Conclusion

Those of us who work regularly with community associations know most volunteer board members and managers genuinely want to help their community thrive in accordance with the law and governing documents. However, recent headlines have shown that is not always the case. These two bills should help associations remove board members or managers seeking to wrongfully enrich themselves at the expense of a community. n

REMBAUM'S ASSOCIATION ROUNDUP

Why Is This Special Assessment Different from All Others and the Need for a Legislative Fix

BY JEFFREY A. REMBAUM, ESQ.

Not too long ago a condominium association foreclosed its assessment lien against a deceased unit owner and the sole heir. With the statutory prerequisites completed, including the recordation of the lien, the association commenced its foreclosure lawsuit. Ultimately, due to the failure of the defendants to

Photo courtesy of Kaye Bender Rembaum

respond, a final summary judgment in favor of the association was ordered, This judgment also included two special assessments that were properly levied by the association and remained unpaid. Here is where things begin to get interesting.

The special assessments were levied by the association after the lien was recorded and after the association commenced its foreclosure lawsuit. Therefore, the special assessments were not specifically referenced in the lien or in the foreclosure complaint because they were adopted after the lien was recorded and after the foreclosure action commenced. It is important to note that Section 718.116 (5)(b), Fla. Stat., provides the following, in pertinent part:

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.

…The claim of lien secures all unpaid assessments that are due and that may accrue after the claim of lien is recorded and through the entry of a final judgment, as well as interest, administrative late fees, and all reasonable costs and attorney fees incurred by the association incident to the collection process…(emphasis added)

Therefore, one might logically conclude that the special

IN ORFANOS THE APPELLATE COURT HELD THAT IN ORDER FOR THE SPECIAL ASSESSMENTS TO HAVE BEEN INCLUDED IN THE FINAL SUMMARY JUDGMENT, THE ASSOCIATION SHOULD HAVE EITHER AMENDED ITS COMPLAINT AND/OR THE LIEN.

assessments, even though adopted after the claim of lien was recorded, were properly included in the final summary judgment. However, ultimately, the heir appealed the final summary judgment which had included the two special assessments, arguing that it was improper for the trial court to have included such amounts in the final judgment. In its decision in Orfanos v. 45 Ocean Condominium Association, Inc. 368 So.3d 995 (4th DCA, August, 2023), the 4th DCA concluded that a special assessment that was adopted after all of the pleadings were filed could not be included because they are not the “assessments that accrued” under the above-referenced statutory provision. The appellate court concluded that their decision was supported by a prior 4th DCA decision in Losner v. Australian of Palm Beach Condominium Ass’n , 139 So. 3d 986 (Fla. 4th DCA 2014). (Probably not coincidentally, two of the judges on the Losner appellate panel were also on the Orfanos appellate panel.) It was the Losner decision that provided the following:

…However, the word “accrue” references assessment already made before a claim of lien is filed, but coming due afterwards, but it does not refer to additional assessments for other purposes, such as separate assessments that are assessed against an owner after the time the complaint to foreclose on a claim of lien is filed…

In Orfanos the appellate court held that in order for the special assessments to have been included in the final summary judgment, the association should have either amended its complaint and/or the lien.

While this author and many experienced association lawyers may disagree, that is of little consequence, as the appellate court has spoken. To resolve these problems, a change to 718.116(5)(b) should be considered. Suggested proposed language could read as follows:

…The claim of lien secures all unpaid assessments, including, but not limited to special assessments, that are due and that may accrue and/or be adopted after the claim of lien is recorded and through the entry of a final judgment, as well as interest, administrative late fees, and all reasonable costs and attorney fees incurred by the association incident to the collection process…

Failure of the Florida legislature to pass such legislation, and similar legislation as may be needed for homeowner and cooperative associations, not only leads to waste of judicial economy due to the need for additional legal proceedings but also leads to unnecessary expenditure on association legal fees. Under current legislations the association will need to either amend the existing complaint and/or lien, thereby causing additional pleading and hearings, or require a whole new collection action to be filed beginning with the statutory required collection letters.

Therefore, without a legislative fix, additional court hearings will likely be necessary, causing the association to incur additional legal fees. The association will ultimately force the debtor to pay for those additional fees if the association successfully concludes its collection/ foreclosure action. All of this could be avoided by the Florida legislature undertaking the simple fix suggested above. n

S e a c r e s t S o u t h w e s t b r i n g s o v e r 4 0 y e a r s o f

s e r v i c e i n S W F L , e s t a b l i s h i n g u s a s t h e i d e a l

p a r t n e r f o r o v e r s e e i n g y o u r a s s o c i a t i o n a l o n g s i d e i t s u p s c a l e a m e n i t i e s , i n c l u d i n g

r e s t a u r a n t s , t e n n i s c o u r t s , a n d g o l f c o u r s e s .

B y c a p i t a l i z i n g o n o u r u n m a t c h e d p r o f i c i e n c y a n d s t r e a m l i n e d p r o c e s s e s , y o u r a s s o c i a t i o n

c a n e n s u r e r e s i d e n t s e n j o y a n u n m a t c h e d l i v i n g

e x p e r i e n c e w h i l e w e m a n a g e t h e d e t a i l s w i t h c o

CAM Basics

BY BETSY BARBIEUX, CAM, CFCAM, CMCA

You spend most of your day on the telephone answering emails; walking the property to check on maintenance, irrigation leaks, roofing repairs, cracks in sidewalks, elevator issues, and fire inspections; reviewing insurance proposals; dealing with complaints about the unsatisfactory mowing and tree-trimming; and serving walk-ins wanting copies made or a paper notarized. None of these tasks have anything to do with CAM work, which means you may have forgotten the real CAM tasks you learned in the prelicensing class.

Photo by iStockphoto.com/Muhamad Chabib alwi

Here are some of the CAM basics you need to remember.

¾ Section 469.431(2), Florida Statutes, requires a CAM license if you are performing among other duties any one of these tasks, and if the association(s) served contains more than 10 units or if the association(s) budget is more than $100,000.

• controlling or disbursing funds

• preparing budgets or other financial documents

• assisting in the noticing or conduct of meetings

• determining the number of days for notices

• determining amounts due

• collecting amounts due

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.

• calculating the votes required for a quorum or to approve an amendment

• completing forms created by statute or by state agency

• drafting meeting notices and agendas

• calculating and preparing certificates of assessment or estoppels

• responding to requests for certificates of assessment or estoppels

• coordinating or performing maintenance

¾ Section 468.432(2), Florida Statutes, requires management

companies to have a CAB license in addition to the CAM license.

¾ When an association terminates your management or employment agreement, Rule 61E14-2.001(3), F.A.C., requires you to return the official records within 10 business days.

¾ The $4 fee per unit charged to every condominium and cooperative association must be a line item on the budget per sections 718.501(2)(a) and 719.501(2) (a), Florida Statutes.

¾ Remember the terms “big vote” and “little vote” for membership voting? The key concept to look for is language that indicates “people present” equals little vote, or language that indicates “total, all, entire membership” equals big vote.

¾ Membership meeting notices with detailed agendas must be mailed, hand delivered (signature required), or electronically transmitted to all members 14 days prior to the meeting AND posted on the property. The delivery and posting of the notices are verified by the affidavit of mailing, which is kept with the minutes of that membership meeting.

¾ A quorum is the minimum number of people who must be present in person or by proxy to call the meeting to order. This number may not be the same as the number of people in person or proxy who are attending the meeting.

¾ Limited proxy is a confusing title for this document. It is very misleading and should have been titled “written vote of owner.” Using this form to vote is required for certain agenda items in a condominium and cooperative membership meeting, and it must be dated and signed by the owner with the unit number noted. These forms/votes are not secret and can be processed before the meeting to save time.

¾ Condominium and cooperative elections are required to happen at the same time as the annual membership meeting but are two entirely different processes. They are not dependent on each other. Elections can go forward even if there is no quorum at the annual membership meeting.

¾ These elections must follow the statutory timeframes, so don’t forget your 60-, 40-, 35-, and 14-day deadlines. Election ballots are secret and use a two-envelope system. The affidavit of mailing is not required.

¾ Be sure your new board members have certified within 90 days of election by either taking an approved class or self-certifying.

¾ Board meetings must have a 48-hour posted notice with an agenda that specifically identifies the discussion items. Board meetings are open to the owners, and they may make comments or statements (but not Q&A). The meeting is a business meeting, not an informational meeting for the owners.

¾ Board budget meetings require a 14-day written notice be sent to all owners, and it must be posted. Be sure to include the reserve schedule with all its calculations. The same meeting notice is true if the board is meeting to change rules that would affect the use of the owners’ units, change the insurance deductible, or impose nonemergency special assessments. HOA board members must provide a 14-day notice and agenda to members when addressing a petitioned item forced onto the board’s agenda.

¾ Drafts of minutes and approved minutes are official records and available to owners.

¾ Board meetings to discuss personnel (not vendors) are not open to the owners. Neither are meetings with the attorney. Minutes are not available to owners.

¾ Official records must be made available to owners within 10 business days of a request. Access does not mean you must provide copies or email them to the owners.

¾ Condominium and cooperative budgets must be approved at least 14 days prior to the start of the fiscal year.

¾ Owners must receive written notice of any changes in delivery

methods for assessment invoices at least 30 days before such a change. The owner must affirmatively acknowledge the change. This affirmation will become part of the official records.

¾ An association may not collect attorney fees related to a past due assessment unless a written 30-day notice of late assessment to the unit owner is sent using the statutory form. The sending of this notice is verified by an affidavit of mailing.

¾ Within 120 days after the fiscal year end, deliver to the owners a copy of the yearend financials or send an email or postcard that they are available at no charge.

¾ Sections 718.116, 719.108, and 720.30851, Florida Statutes, provide statutory estoppel forms and have detailed requirements for delivery timeframes and fees.

¾ According to sections 718.3026, 719.3026, and 720.3055, Florida Statutes, there is no minimum number of bids required, and there is no requirement that the association must accept the lowest bid. If the first bid you receive is over five percent of the association’s annual budget including reserves (10 percent for an HOA), then you need a second bid. There are certain services that do not require bids, and bids are not required in case of an emergency or if there is only one vendor in your county.

¾ There are specific exemptions for regulation of flags, clotheslines, solar panels, religious objects, and electric charging or natural gas fueling stations.

¾ Use the statutory process for imposing fines and suspensions and the appointment of a fine/appeals committee in sections 718.303(3), 719.303(3), and 720.305(2).

With recent legislative changes, there will be even more to know; but hopefully, this refresher on CAM basics has been helpful to you. 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/

Access Management

Diamond Level Winner—Management Companies (Winner 2024 and three previous RCA wins)

Access Management is honored to receive the Diamond Level Readers’ Choice Award from FLCAJ! As a recognized leader in the property management industry, Access Management specializes in fullservice community association management and has proudly served premier communities throughout Florida since 2008.

At Access, “Hospitality Is Our Foundation, Your Happiness Is Our Focus,” is not just our slogan but our way of life. Our experienced and dedicated team of industry professionals are centered on demonstrating the awardwinning “Access Difference” by providing unsurpassed service to our valued communities and boards through effective communication, strong attention to detailed financials

and recordkeeping, and a proactive management approach.

Coupled with the utilization of industry-leading technology, our foundation in the hospitality industry allows us to administer a friendly, customer service-centric approach to association management. We believe it is important to be involved within the community and active in organizations that provide valuable resources in this rapidly changing industry. This involvement provides our team with practical knowledge and insights from leaders in this field, best practices, research, and tools we use every day.

Access Management serves community associations throughout the state of Florida, with convenient office locations in Celebration, Naples, Tampa, Sarasota, and South Carolina.

We are also excited to announce that Access will soon expand into Georgia in 2024! Contact us today and feel the Access Difference in community management.

For more information on Access Management, call 888-813-3435, email info@accessdifference.com, or visit www.accessdifference.com

ADT Community Association Program

Diamond Level Winner—Safety and Security (Winner 2024 and ten previous RCA wins)

ADT Community Association Program is the first choice in security for community associations and is the nation’s premier provider of security system monitoring, services, and smart home technology, providing world-class customer care and service to communities through customized bulk agreements. This includes 24/7 monitoring by our own state-of-the-art monitoring centers and “concierge-level” customer care and service provided by our exclusive community associ-

ation service center. Our employee technicians are highly trained and vetted security professionals.

The ADT brand is among the most well-known and trusted brands in the security industry today. With 149 years of experience, ADT is a leading provider of security, automation, and smart home solutions serving consumer and business customers through 200 locations, nine monitoring centers, and the largest network of security professionals in the United States.

For more information on ADT, visit www.adt.com/ community-associations

Becker

Diamond Level Winner—Legal Services (Winner 2024 and nine previous RCA wins)

For the tenth consecutive year Becker has earned your vote as a Diamond Level Readers’ Choice Award winner. We are very grateful to the readers, clients, and industry friends who have placed their trust in us to educate, protect, and advance the interests of shared ownership communities of all types, sizes, and locations throughout Florida.

GET RID OF ALGAE AND WEEDS WITH EXPERT AQUATIC SOLUTIONS

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We are proud to have the largest number of Florida community association lawyers under one roof who are recognized for excellence in the community association industry by virtue of their membership in the prestigious College of Community Association Lawyers (CCAL). Today, Becker has more Florida Bar board-certified attorneys in condominium and planned development law than any other firm in the state of Florida.

For more information about Becker, visit www.beckerlawyers.com.

Cogent Bank

Diamond Level Winner—Financial Services

(Winner 2024 and two previous RCA wins)

Cogent Bank is proud to be recognized as a Diamond winner of the 2024 FLCAJ Readers’ Choice Awards! With our robust suite of products and services, we are here to serve the loan, deposit, and payment processing needs of both property manage-

ment companies and community associations. Cogent’s team of financial specialists has extensive industry experience and has served the needs of community associations and property management companies throughout the state of Florida for many years.

We provide treasury management solutions, multiple payment channels, and consultative advice to improve your operating efficiencies. Our suite of treasury management and HOA payment systems are designed to lower costs, improve efficiency, and enhance cash flow while providing effective control of your funds. We offer the following:

• Multiple payment channels including credit cards, eCheck, automated clearinghouse (ACH), and U.S. mail

• Secure online access to view checks, payments, and remittance information

• Web-based lockbox enabling data search by check number, date, dollar amount, or unit number

• Custom accounting software interface providing the payment file information needed to update your accounting software

• Streamlined account setup At Cogent, we pride ourselves on Moving You and Your Association Forward.

For more information, please call us at 407-545-2662 or visit cogentbank.com n

INSURANCE

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.

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Florida Financial Services by Zone

Cogent Bank

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Rick Carroll Insurance

2160 NE Dixie Highway

Jensen Beach, Florida 34958

800-290-3181 or 772-334-3181

www.rickcarroll.com

The Turner Insurance Advisor Group

2121 NE Coachman Road Clearwater, Florida 33765

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INSURANCE VALUATIONS

Expert Reserve Services Inc. 433 Silver Beach Ave., Suite 104 Daytona Beach, FL 32118 866-480-8236

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Covering Florida's Insurance Valuation Needs

PUBLIC INSURANCE ADJUSTERS

Hunter Claims LLC

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RESERVE ANALYSIS

Frazer, Inc.

SIRS, RESERVES AND INSURANCE VALUATIONS

Sundeep Jay, RS, PRA 561.488.3012

800.298.0683 • jrfrazerent@aol.com

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J.R. Frazer, Inc.

Popular Association Banking

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Rick

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Townsend Appraisals

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U.S. Century Bank

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Brian W. Pariser, P.A.

9155 S Dadeland Boulevard, Penthouse 1-Suite 1718

Miami, Florida 33156 305-670-7730

fax 305-670-6203

Condo and HOA Law & Mediation.

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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

Siegfried Rivera 201 Alhambra Circle, 11th Floor Coral Gables, Florida 33134 800-737-1390

www.siegfriedrivera.com

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www.trippscott.com

For over 50 years, Tripp Scott has served our community.

Experience Personalized Professionalism. Tripp Scott Law Firm 110 SE 6 Street Fort Lauderdale, Florida 33301 954-525-7500

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ACCESS CONTROL, SECURITY AND CUSTOM

GATE AUTOMATION

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

BALCONY INSPECTIONS

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

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CLEANING/JANITORIAL SERVICES

ASI American Service Industries: 305-821-3169; asiflorida.com; 50 Years of Professional Janitorial Services!

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COMMUNITY SECURITY

CONCRETE RESTORATION

ELEVATOR SERVICE/REPAIRS

Connections Elevator: Elevator maintenance agreements, repairs and modernizations; 954-7921234; www.ConnectionsElevator. com.

ELEVATOR/POOL EMERGENCY COMMUNICATIONS

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

CONCRETE RESTORATION

PROJECT MANAGEMENT

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

EDUCATION

ELECTRIC

Hypower Electrical & Utility Contractor

888-978-9300; www. hypowerinc.com

Kings III Emergency Communications: 844-357-3849; www.kingsiii.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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NV5: 954-495-2112; nv5.com

Osborn Engineering: 321-7845811; osborn-eng.com

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

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

FENCING AND GATES

FIRE ALARM SYSTEMS

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

GENERAL CONTRACTORS

Hartman & Sons Construction, Inc.: 407-699-4549; fax: 407-6990919; Serving Central FL.

GENERATORS

A&A Power Generators: 833245-0075; www.aapower.com

INTERNET/TELEVISION/ VOICE SERVICES

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

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JANITORIAL SUPPLIES

www.fcapgroup.com

LAKE AND WETLAND MANAGEMENT

SOLitude Lake Managment: 888-480-LAKE (5253); info@solitudelake.com solitudelakemanagement.com; Restoring Balance. Enhancing Beauty. MANAGEMENT SOFTWARE

Yardi Systems: 1-800-866-1144; www.yardi.com

PAINTING

PAINTING AND WATERPROOFING

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

Florida Patio Furniture: 866557-2846; floridapatio.net.

PATIO FURNITURE RESTORATION

PAVEMENT PRESERVATION

PEST/ANIMAL CONTROL

ROOF MANAGEMENT & CONSULTING

ROOFING

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

SEALANT

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

SECURITY

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

SUBMETERING/ WATER BILLING

Think Utility Services: 888696-3837; www.thinkutility services.com.

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SWIMMING POOLS

TRASH CHUTE CLEANING AND REPAIR

TRASH CHUTE ODOR CONTROL

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

TRASH CHUTE LINING

US ChuteLining: 800-504-6108; www.uschutelining.com.

WATER, SEWER AND DRAINAGE—INSPECTION AND REPAIRS

Hinterland Group: 561-6403503; hinterlandgroup.com

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WATERPROOFING

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YOU'VE FINALLY COMPLETED DLM REQUIREMENTS IN YOUR ELEVATORS (HOPEFULLY). BUT WAIT, THERE'S MORE!

NEW YEAR, NEW CODE:

AS OF JANUARY 2 0 2 4 , FLORIDA HAS ADOPTED ASME 2 0 1 9*

ELEVATOR COMMUNICATIONS MUST NOW INCLUDE:

 Two-way messaging for hearing and/or speech imparied

 Video capability

 Display message to indicate help is onsite

*Enforced upon new construction or modernization

WE’RE HERE TO HELP

When it comes to elevator code, you’ve been through enough lately. We’re here to help navigate this next set of requirements, making it as seamless and hassle-free as possible.

Kings III works with elevator companies across the country in states that have already been enforcing this code since its inception. We have installers across the state of Florida, and our CabView monitoring solution works across multiple manufacturers of fixture hardware, so no matter the new panel installed, we can accommodate.