Leveraging Technology for Enhanced Association Operations: Benefits and Considerations
Discerning Counsel for Community Associations
How Florida’s Changing Insurance Landscape Impacts Your Community
The Premier Choice for Connectivity: The Unmatched Benefits of Fiber Internet
Data Connection Requirements for Your Emergency Response Properly Evaluating Security Risk, Reliability, and Encumbrances with Florida Elevator Code Updates
Complicated Construction Projects Need Oversight from an Owners’ Representative
New Faces
6 34 76 82 88 93 96
Journal Notes
FCAP Community CAM Matters—Betsy Barbieux
Readers' Choice Awards Spotlight
Financial Services, Legal Services, and Management Companies Directories
Products and Services Directory
Display Advertisers’ Index
Technology for Community Associations: Harnessing Intelligent Automation and Cybersecurity
It’s Always Better to Be Ready
HB 1203—Changes to the Homeowners’ Association Act
Rembaum's Association Roundup A Quick Glance at the 2024 Legislation Affecting Florida’s Community Associations
Stand Your Ground: When Can You Use Nonlethal Force to Protect Your Personal Property?
Journal Notes
Recently I was standing in line at an automotive repair shop waiting for it to open. The previous evening I had finished reading Jonathan Haidt’s new book, The Anxious Generation: How the Great Rewiring of Childhood Is Causing an Epidemic of Mental Illness, and I couldn’t help but surreptitiously look around at the other six folks in line and notice that five of them were fully engrossed in their smartphones. This device and its effects (especially on children 18 years and younger) are what Haidt is most focused on in his recent book. What was clear to me as I stood in that line is that smartphones command the attention not only of children but also of many adults as well. In America—and in many other countries in the world—electronic technology in the form of PCs, laptops, iPads, tablets, smartphones, and many more devices has become ubiquitous. There are many good uses for these devices, and it is clear they aren’t going away, so how do we harness them and use them wisely?
This July issue is focused on providing advice on how to use technology in a beneficial way in community association life. On page 8 Marcy Kravit with Hotwire Communications writes about the advantages technology provides with improved communication, enhanced security, and virtual meeting capabilities. She also highlights some potential pitfalls to consider in using technology in association operations.
Turn to page 22 to read the article by Jacky Ham with Blue Stream Fiber on why fiber-optic internet is the way to go to improve an association’s connectivity experience.
On page 40 Dania S. Fernandez with Dania S. Fernandez & Associates writes how community associations can use intelligent automation to streamline operations, refine decision-making processes, and boost resident satisfaction.
This issue also highlights some of the important legislation that was adopted earlier this year when the Florida legislature met.
Turn to page 54 to read the article by Yeline Goin of Becker on HB 1203 and the changes it provides to the HOA Act. It covers the following topics: websites, criminal penalties, board member education, amended rules for fining and suspension of right, and more.
Also stop at page 64 to read the article by Jeffrey Rembaum of Kaye Bender Rembaum that provides a summary of HB 1203 and HB 1021. The latter bill details the changes for condominium associations.
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Leveraging Technology for Enhanced Association Operations: Benefits and Considerations
BY MARCY KRAVIT CMCA, AMS, PCAM, CFCAM
In today’s digital era, technology is crucial for streamlining operations and enhancing efficiency for community associations. When it comes to the association’s operations, leveraging technological solutions can offer numerous benefits, but there are also certain limitations and pitfalls that need to be carefully navigated. Hotwire Communications, a leading technology provider, has been instrumental in helping associations
Photo courtesy of Hotwire Communications
overcome these obstacles and optimize their operations, understanding the unique challenges these organizations encounter, and offering tailored solutions to fit their specific needs.
ADVANTAGES OF UTILIZING TECHNOLOGY IN ASSOCIATION OPERATIONS
• Improved Communication— Robust communication solutions are offered, including highspeed internet, VoIP services, and video conferencing platforms. These tools facilitate seamless communication among association members, board members, and stakeholders, fostering collaboration and information sharing.
• You do not pay legal fees or costs unless we recover for you.
• Our team focuses exclusively on construction defects throughout the state of Florida.
MARCY KRAVIT, CMCA, AMS, PCAM, CFCAM DIRECTOR OF COMMUNITY ASSOCIATION RELATIONS, HOTWIRE COMMUNICATIONS
FCAP PROGRAM COORDINATOR
Marcy Kravit has 20-plus years’ experience managing community associations in South Florida. She has established a reputation as being passionate about service, driven by challenges, and undeterred by obstacles. Marcy is committed to providing five-star service and educating others in raising the level of professionalism in the industry. She works for Hotwire as director of community association relations. Marcy has earned every higher education credential offered by CAI and is recognized by Florida Community Association Professionals (FCAP) as a CFCAM. Marcy is a contributing writer to the Florida Community Association Journal (FLCAJ) and serves FCAP as their program coordinator. For more information, visit www.hotwirecommunications.com.
• Enhanced Security— With cybersecurity threats on the rise, cutting-edge security measures are provided to safeguard sensitive association data. Encrypted networks, firewalls, and proactive monitoring can help prevent data breaches and unauthorized access, ensuring data integrity and confidentiality.
• Virtual Meeting Capabilities— Fast internet speeds allow for video conferencing and virtual meeting platforms to empower associations to conduct virtual events, webinars, and board
Diana Sada Shareholder Attorney
Anya Pardy Attorney
Ryan Pardue Shareholder Attorney
Joe Smith Attorney
Little Attorney
Curt Sullan Attorney
Amber
meetings with ease. This not only
geographical barriers but also enhances member engagement and participation.
LIMITATIONS AND PITFALLS TO CONSIDER
• Dependence on Technology— Although technology provides many advantages, relying too heavily on it can present risks. Technical glitches, system downtime, or cyberattacks can disrupt association operations, emphasizing the need for robust contingency plans and backup solutions if redundancy is not provided by the company. Partnering with Hotwire Communications ensures redundancy.
• Data Privacy Concerns— As associations handle vast amounts of sensitive data, ensuring data privacy and compliance with regulations such as the General Data Protection regulation is crucial. Partnering with Hotwire Communications entails entrusting them with data, necessitating clear data protection agreements and stringent security measures.
• Training and Adoption Challenges—Introducing new technology solutions may require training for association staff and members to ensure successful adoption. Resistance to change and inadequate training can impede the effective implementation of technology initiatives. By partnering with Hotwire Communications, you gain access to the entire Fision education depart-
ment, which is dedicated to training your residents.
To summarize, incorporating technology solutions from Hotwire Communications can significantly improve association operations by boosting communication, security, efficiency, and engagement. However, associations must acknowledge the possible drawbacks of technology if they do not partner with a fullservice provider. By proactively addressing these challenges and leveraging technology strategically, associations can unlock the full potential of Hotwire Communications’ offerings to achieve operational excellence and enhance member satisfaction. n
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Discerning Counsel for Community Associations
GOOD MANAGEMENT SOFTWARE MAKES AN IMPACT
By John More
Good management software caters to associations of all sizes, offering integrated solutions that eliminate double entry and extra work.
Unit owners can boost efficiency by easily accessing their essential information, such as checking visitor and package history.
Good management software also provides dual notification systems for residents, visitors, management, and staff
to keep everyone informed without overloading them.
The software’s access control system, designed specifically for associations, includes delinquencysensitive doors. Facial ID security surpasses barcodes, instantly identifying visitors and informing the lobby for a professional flow.
Two apps are offered—one for residents and visitors and another for staff—plus a resident website, ensuring everyone has the necessary information and functionality. If a feature is missing, we will build it.
Management companies can manage all properties with one log-in, and owners can manage all units with one log-in, even in multiple associations. This approach ensures seamless and efficient operations.
For more information about Asterix Software, visit www.asterixsoftware.com.
Photo by iStockphoto.com/fizkes
NAVIGATING HURRICANE SEASON: ESSENTIAL STRATEGIES FOR COMMUNITY ASSOCIATION BOARDS AND PROPERTY MANAGERS IN FLORIDA
By David W. McMahon, MBA, AAI
As hurricane season looms over Florida, community associations face the imperative task of preparing for potential disasters. With the unpredictable nature of tropical storms, understanding insurance coverage and implementing proactive strategies is paramount for safeguarding residents and assets. Board members and property managers must navigate complexities such as insurance deductibles, the claims process, and compliance with local ordinances. Working closely with your insurance agent to fully understand policy coverages is crucial in developing an effective disaster preparedness plan. As part of this plan, communities should establish a volunteer emergency response team to coordinate efforts during and after a storm. Tailoring disaster preparedness
plans to communities’ specific needs helps mitigate risks and enhance resilience. Collaborating with local authorities and accessing region-specific resources play crucial roles in strengthening community readiness.
For comprehensive insurance solutions in Southwest Florida, contact Atlas Insurance at 941-552-4113 or visit www.atlasinsuranceagency.com. For communities outside Southwest Florida, please consult your local county’s resources.
LESS TIME TO NOTICE CONSTRUCTION DEFECTS
By Diana Sada
Legislative changes have reduced the time frame in which your community must bring construction defect claims. Your association now has three fewer years to notice construction defects and try to hold the responsible parties accountable. Before, you had up to 10 years from certain triggering events. This has been reduced to seven years, and the triggering events
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may begin even sooner. This is not a lot of time. Damages in new construction may not be caught right away. If your time lapses, your members may face massive special assessments for other parties’ bad work. This reduction applies to the “statute of repose,” not “statute of limitations,” which is a different legal clock. Generally speaking, the statute of limitations is four years from when you knew, or should have known, about the defect. Both statutes and their interplay with other laws and your specific facts require extensive analysis. Do not turn a blind eye to potential construction defects. Consult with construction defect lawyers early to inspect for them and preserve your rights.
Diana Sada is a shareholder attorney for Burg Simpson. For more information call 941-777-6776 or visit www.burgsimpson.com.
* This is not legal advice, and each case is different. Do not draw conclusions from this article without consulting with lawyers who will assess your case individually.
EMPOWERING ASSOCIATIONS’ FINANCIAL SUCCESS IN DIFFICULT TIMES
By Hayley Bryant
Association management is complex and rapidly
changing. Given the added pressures to comply with updated condominium law, many associations are finding their reserves are not sufficient. Community associations are looking to financial partners for solutions to fund building improvements needed to meet milestone or SIRS inspection requirements.
As a banker focused on association needs, I’m often asked about the loan process to fund capital improvements. Every association or project differs in terms of its size, complexity, and financial position. Therefore, it is important for an association to consult with its board, legal counsel, and financial partner as early as possible to review all governing documentation, discuss financing options, and determine the documentation that will be required to apply for a loan.
The right financial partner typically can tailor a loan solution to the specific association and need. Let our expertise help ensure your association’s financial success and stability. Contact me today.
Hayley Bryant is an association banker, Emerald Coast Region for Capital City Bank. For more information, email Bryant. hayley@ccbg.com or call 850-708-6505.
Disclosure: Member FDIC Equal Housing Lender All loans are subject to credit approval and may be subject to property approval.
NAVIGATING THE COMPLEXITIES OF INSURANCE CLAIMS
By Travis Baldeo
In Florida CAMs face unique challenges. One of these is navigating the complexities of insurance claims following a hurricane or roof-related damage. Here, the role of a public adjuster, who advocates on behalf of the policyholder in appraising and negotiating an insurance claim, becomes crucial.
The insurance claims process can be intricate and time-consuming. Public adjusters alleviate this burden with expert knowledge of policy language, coverage nuances, and the intricate details of damage assessment. They make sure all damages are thoroughly documented and accurately valued, including those not immediately visible, like structural issues or hidden water damage.
Public adjusters understand the specific challenges faced by commercial properties, such as the need to minimize business interruption and maintain tenant relationships. They work diligently to expedite the claims process.
With roof-related claims, public adjusters bring a detailed understanding of roofing systems and potential damage that might be overlooked by an insurer’s adjuster. This ensures that all repair or replacement costs are adequately covered.
In business since 2006, Five Star Claims has handled several thousand commercial claims and has recovered more than a billion dollars.
For more information on Five Star Claims call 561-6779327, email travis@fsclaims.com, or visit onetapconnect.com/fivestarclaimsadjusting-travisbaldeo/.
ARE YOU READY FOR HURRICANE SEASON?
By David Karins
Here’s a quick checklist to get you started.
• Review your property with a structural engineer to identify vulnerabilities.
• Create a hurricane action plan, with pre- and post-storm tasks.
• Identify key personnel who are responsible for communication and response during and
after the storm.
• Verify emergency systems are functional and have adequate fuel.
• Identify and contract with vendors to assist with poststorm repairs.
• Review insurance coverage for correct contact information and coverage.
• Protect your tenants and property with this quick checklist and contact a structural engineer to ensure you’re prepared. For more information on Karins Engineering Group, call 941-927-8525 or visit www.karins.com.
THE IMPORTANCE OF HIRING AN OWNERS’ REPRESENTATIVE FOR SUCCESSFUL PROJECT OUTCOMES
By Suly Encalada
Hiring an owners’ representative, like SOCOTEC, is essential for associations aiming to ensure their projects are completed on time and within budget. As your owners’ representative, SOCOTEC brings invaluable expertise in project management, overseeing every detail from incep -
tion to completion with precision and care.
The importance of having an owners’ representative cannot be overstated. We start by defining clear project goals and developing comprehensive timelines that mitigate delays. Our rigorous cost management strategies involve detailed cost estimates and continuous oversight, allowing us to identify potential overruns early and implement corrective actions effectively.
An owners’ representative also ensures strong vendor relationships and skillful negotiation, securing favorable terms that help control costs. Our approach to transparent communication fosters ongoing dialogue between all stakeholders, keeping everyone informed and aligned. Regular progress reports and proactive problem-solving capabilities are crucial in addressing issues swiftly and maintaining project momentum.
By hiring SOCOTEC as your owners’ representative, associations can trust that their projects will be managed with the highest level of expertise,
ensuring a positive outcome that meets both time and budget expectations.
Suly Encalada is director of business development at SOCOTEC. For more information, call 305-985-3772, email Suly.Encalada@Socotec.us, or visit www.socotec.us
Meet Hayley.
EMPOWERING COMMUNITIES WITH FIBER INTERNET
By Darell Bright
More and more community associations are seizing the opportunity to enhance residents’ digital experiences by providing fiber internet. Unlike traditional internet services, fiber optics deliver unparalleled symmetrical speeds and reliability, ensuring seamless connectivity for all online activities. Fiber optic-based internet service not only boosts individual productivity and entertainment but also strengthens community bonds by enabling better virtual communication and smart home integration. By partnering with a fiber provider like Summit Broadband, associations can negotiate favorable terms, ensuring a cost-effective solution for all members. Investing in fiber internet is a forward-thinking move that future-proofs neighborhoods, making them more attractive to potential residents. Embrace the digital revolution— equip your community with the power of fiber internet for a smarter, more connected tomorrow.
Darell Bright is vice president of community solutions for Summit Broadband. For more information call 407-996-6238, email bulk@ summitbb.com, or visit summitbb.com/communities n
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Reliable Performance: Say goodbye to frustrating lag and buffering with our reliable fiber-optic technology, providing a consistently smooth online experience for every member of your community.
Enhanced Connectivity: Connect effortlessly to smart home devices, security systems, and entertainment platforms, empowering residents to stay connected and in control at all times.
Future-Proof Infrastructure: With fiber Internet, your community will be well-equipped to handle the demands of tomorrow, ensuring long-term value and satisfaction for all residents.
Fiber-Focused. Florida-Based: We are a Florida-based fiber-optic Internet provider with local employees, managing over 4,300 miles of fiber-optics across the state.
To schedule your fiber consultation call 407.996.6238 , email us at bulk@summitbb.com or chat with us online at summitbb.com/communities .
How Florida’s Changing Insurance Landscape Impacts Your Community
BY ROXANA DORIGO
Florida community associations and property managers likely accounted for annual insurance cost increases over 30 percent on average—and in some instances as high as 50–100 percent—when establishing their 2024 budgets. As 2025 budgets are in the works, associations and managers should take note of numerous broader insurance industry shifts and legislative
Photo by iStockphoto.com/NirutiStock
changes that could impact their communities.
Between 2008 and 2018, insurance rates in Florida dropped substantially because of the lack of damaging storms over the course of that decade. Since then the state has experienced a major named storm almost every year. That, coupled with the 2021 collapse of Champlain Towers South in Surfside, dramatically affected insurance requirements and premiums. The marketplace has become significantly tighter, with some insurers leaving Florida altogether and driving more policies to the state’s Citizens Property Insurance Corp. During this year’s Florida legislative session, a measure to help owners whose policies were
ROXANA DORIGO, EXECUTIVE DIRECTOR OF ASSOCIATION FINANCE, KW PROPERTY MANAGEMENT & CONSULTING
Roxana Dorigo is executive director of association finance 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.
transferred to Citizens from private insurers move back to other carriers was signed into law. In the long term, that could create more competition and lower rates. But that impact will not be felt immediately, as the problem developed over several years and will take time to produce positive results for policyholders.
However, here are some updates and tactics that could be helpful for 2025 association budgets:
More competition among surplus lines insurance carriers Surplus lines insurance covers specific risks that conventional carriers either cannot—or do not want to—cover. In the past, there would be fewer than 10 carriers in the surplus lines’ insurance
space. That has now expanded to between 20 and 30 carriers. That opens the possibility of a layered insurance program for a community.
Obtaining a fresh property appraisal
If insurance coverage is available for 100 percent of a community’s appraised value, an association board has a fiduciary responsibility to insure that full amount. If not, then coverage can be negotiated to a lower premium amount. Third-party insurance agents can hire their own property appraisers to conduct a new appraisal to confirm or reduce a community’s appraised value. That can give communities the ability to further reduce premiums.
Prior legislative changes translating to lower premiums
For instance, last year’s measure to cap attorney fees for personal injury cases is already having a chilling effect on the filing of certain
insurance claims. Historically, many insurers have shied away from Florida due to its litigious nature. By making it much harder to sue insurance companies, that ultimately equates to reduced premiums.
A new grant program to cover certain insurance mitigation expenses
As of July 1, there is $20 million in grants available for qualifying associations who undergo significant projects such as upgrading roofs. Individual communities can petition the state to qualify for a portion of the grant funds. While that does not sound like a lot of relief in a state with more than 5,500 communities, it creates another avenue for qualifying communities to offset some of these burdensome costs.
By October we should see a more visible positive change in premiums after Citizens unveils its annual program and releases more actionable data. This would be subject to change in the event of a damaging storm this season, of course. Now is the time when associations and managers should be formally engaging their insurance agents to get something in writing as 2025 budgets begin to take shape. Commence the budgeting process with a conservative approach to insurance, and follow the advice of your agent.
While immediate positive impacts may not be realized, the good news is there is light at the end of this tunnel when it comes to long-term insurance cost trends. n
The Premier Choice for Connectivity: The Unmatched Benefits of Fiber Internet
BY JACKY HAM
In the digital age, communities demand fast, reliable, and futureproof internet. While various options exist, fiber internet stands out as the superior choice, offering unparalleled benefits over 5G fixed wireless and coaxial cable. As a leading fiber company, we’re here to illuminate why fiber internet is the unequivocal solution for homeowners’ and condominium associations seeking to elevate their connectivity experience.
UNRIVALED SPEED AND BANDWIDTH
Fiber-optic technology delivers the fastest available internet speeds, reaching up to 10 gbps. Unlike coaxial cable and even the emerging 5G fixed
Photo by iStockphoto.com/Alibray
wireless, fiber offers symmetrical upload and download speeds, ensuring seamless streaming, gaming, and video conferencing for every resident without compromise.
CONSISTENT PERFORMANCE
Fiber internet’s capability to handle simultaneous high-demand applications stands unmatched. Where coaxial cable and 5G fixed wireless might falter under heavy usage, fiber maintains high performance, ensuring every resident’s connectivity needs are met, even during peak times.
SUPREME RELIABILITY
Fiber-optic cables are impervious to the types of interference that can plague coaxial cable and wireless connections. With its resilience to weather conditions and electrical interference, fiber provides an incredibly reliable internet service, minimizing down-
JACKY HAM, VICE PRESIDENT OF BUSINESS DEVELOPMENT, BLUE STREAM FIBER
Jacky serves as the vice president of business development at Blue Stream Fiber. With 20-plus years of experience in the telecommunications industry, what Jacky loves most about her current position are the opportunities to meet new people every day, teach them about technology, and help them find solutions that will enrich their lives and make a difference in their communities. She can be reached at jham@bluestreamfiber.com
Blue Stream Fiber works with board members and property managers to help simplify the process of bringing world-class fiber-to-the-home solutions to their community. To learn more about Blue Stream Fiber, our fiber infrastructure, and whether your community qualifies to have fiber built at our cost, please call 954-372-2113 or visit www.bluestreamfiber.com/partner.
time and ensuring your community stays connected when it matters most.
FUTURE-PROOF INFRASTRUCTURE
Investing in fiber internet is an investment in the future. As digital demands continue escalating, fiber’s scalability means it can handle increased bandwidth needs without needing costly and disruptive infrastructure upgrades. This is a stark contrast to coaxial cable, which is
limited by its aging infrastructure, and 5G fixed wireless, which may require additional equipment or upgrades as technology advances.
LOW LATENCY FOR REAL-TIME APPLICATIONS
Fiber internet significantly reduces latency compared to both 5G fixed wireless and coaxial cable. This means smoother real-time interactions for applications such as online gaming, video conferencing, and telemedicine services—a crucial consideration for communities prioritizing modern communication and entertainment solutions.
ECONOMICAL LONG-TERM INVESTMENT
While the initial setup for fiber internet might appear higher than
continuing with existing coaxial infrastructure or adopting 5G fixed wireless, the long-term benefits and cost savings are substantial. Fiber’s durability and minimal maintenance requirements reduce ongoing costs, while its ability to accommodate future technology ensures your community won’t need an overhaul as digital demands evolve. Most service providers will also install the entire network at their cost with a community agreement. As another added benefit, the value of homes with fiber internet available is, on average, three to five percent higher than homes without fiber broadband services available.
ENVIRONMENTAL AND AESTHETIC ADVANTAGES
Fiber cables are much thinner and lighter than coaxial cables, requiring less raw material and energy to produce and install. Additionally, fiber infrastructure can often be integrated with existing utilities, minimizing the visual impact on your community compared to the more obtrusive equipment needed for 5G fixed wireless.
MAKING THE CLEAR CHOICE
As we navigate the everevolving digital landscape, the superiority of fiber internet against 5G fixed wireless and coaxial cable is evident. It’s not just about meeting the current needs of homeowners and condominium associations; it’s about anticipating the needs of tomorrow and ensuring that our communities remain vibrant, connected, and technologically ahead. Choosing fiber is choosing a future where every resident enjoys the best of the digital world without compromise. n
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.
Data Connection Requirements for Your Emergency Response
Properly Evaluating Security Risk, Reliability, and Encumbrances with Florida Elevator Code Updates
BY DAVE MANN
Building codes are designed to protect the general health and welfare of others, but they are always changing. That’s not a bad thing. For example, when abiding by ASME 2019 elevator code (adopted by Florida in January 2024), if someone is entrapped in an elevator, the operator will not only be able to communicate audibly but will also have text messaging capabilities and the ability to see a video image of the elevator floor to determine the best course of action.
Photo courtesy Kings III
The issue lies with how to support these new requirements. We are quickly moving away from the simple 1 phone + 1 analog phone line = connection. Those lines are being replaced by cellular or voice over internet protocol (VoIP), and the new messaging and video components will require data. Using VoIP for emergency communications comes with its own set of code-related issues and may require third-party access to your network. So, the question becomes, whose data do you use, and which connection is both viable as well as reliable?
There’s a lot to consider when thinking about the new code requirements and how to deliver data to your elevator. Security and prioritizing the connection to the elevator are paramount.
DAVE MANN, VP OF TECHNOLOGY, KINGS III
There are few projects or organizational efforts Dave hasn’t successfully led and evolved with his extensive experience with proprietary centrals, agile full-service centrals, and comprehensive third-party centrals. As part of the executive leadership team, he currently runs the Technology Group at Kings III, which includes IT, software development, and product design and engineering. While his focus today may be tech, his experience is putting people together with the right tools and vision to advance the entire enterprise. For more information, visit go.kingsiii.com/asme-FL or call 833-830-7773.
VIDEO MESSAGING IN ELEVATORS: DATA CONNECTION RECOMMENDATIONS
See our best practice suggestions in this helpful video:
Granting a third-party vendor access to your network is an option, but unfortunately even privileged account access has risks and needs to be under the direct and careful supervision of your IT department. Deciding to use your own network also creates a long checklist and more work for you. This is hard enough when you have the infrastructure in place, but even more difficult when you don’t. If using your own network is the path you choose, there are a few things to consider.
First, let’s define terms.
DATA CONNECTION TERMS TO KNOW
LAN—Local area network connects several devices as a small network in a specific location and can be wired, wireless, or both.
WAN—Wide area network is similar to a LAN but is not limited to a single location. It can also consist of several LANs which are interconnected. If you have an internet connection, you are connected to a WAN.
VLAN—Virtual LAN is created when devices are grouped together from one or more LANs, typically based on geographic location.
Router—Quite simply, this is a device that routes data from a LAN to another network connection such as the internet.
QoS—Quality of Service is a technology that manages traffic on your network to ensure performance is optimized. This includes packet loss, latency, and
APPLYING THE TERMS TO A SOLUTION
With our solution, we provide the emergency phone, and you can choose to supply access to an existing standard phone line or opt for our cellular service. For the messaging and video components, you would need to provide a WAN connection to the internet.
The simplest solution is to let Kings III take care of everything. We provide the elevator phone, cellular connection, and the data. Our turnkey service includes the phone equipment and installation and lifetime maintenance as well as 24/7/365 professional emergency monitoring.
A best practice is to make sure nothing auxiliary goes onto your network, and that includes your elevator. We recommend you provide a separate network or at least a VLAN to isolate the elevator from the general network and configure QoS to prioritize elevator datacoms over other network traffic. The general
network remains protected since it cannot interact (and vice versa) as well as safeguards all parties.
CODE IS KING
Remember, we are talking about elevators; so in addition to network security issues, all the other rules (ASME/IBC/ADA) still apply as well. Code specifies that elevators maintain four hours of talk time if there is a power outage. Those rules apply to the video messaging system as well. With many of these systems, no power equals no connection, resulting in a communication—not to mention code—failure.
The bottom line is, this is what we do. It’s all we do. We’ve been in the emergency communications business for over 30 years and understand the individual needs of our customers and provide code-compliant solutions to meet those needs. This in turn allows you to cross one more thing off your list, giving you one less thing to worry about and providing peace of mind. Learn more about our video and two-way messaging solution for elevators at https://go.kingsiii.com/florida-codesolution n
Complicated Construction Projects Need Oversight from an Owners’ Representative
BY DAVID ATKISSON
An owners’ representative is the key component to every project’s success. An owners’ representative is a role that is quickly becoming popular for its usefulness and effectiveness. If you do not know if you need one or do not know exactly what they do, your thoughts will be completely altered.
An owners’ representative represents the owner’s interest throughout the entirety of a project. They function
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as an advocate for the owner or, in an association’s circumstance, a board. Their purpose is to execute goals in a timely manner with economic efficiency in mind, all with the main goal of achieving the best work. Each project is unique with all different scopes of work, and the project is most efficient if the owner is knowledgeable in construction and all it requires. That is why having an owners’ representative who is well seasoned in the field can help successfully execute a project. Projects are becoming much more complex and demanding. Having an owners’ representative lowers the risks that come along with a big, complicated job, from the reconstruction/ restoration of older buildings to interesting approaches to new ones. Condominium boards are under much more stress and
DAVID ATKISSON, PRESIDENT, CCRS LLC CONSULTANTS
David Atkisson is president of CCRS LLC Consultants, which serves as an owners’ representative providing services for commercial construction, unsafe buildings, and restoration for condominium associations and private owners. For more information, email info@coastalconstructionind.com, call 954-320-9665, or visit www.coastalconstructionind.com
Photo courtesy CCRS LLC Consultants
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scrutiny with the mandated 10-year inspections; and depending on the age of the building, a milestone inspection must be completed by “December 31, 2024.” An owner of a building already has a surplus of responsibilities outside of the ongoing project, so hiring a third party relieves stress and ensures that someone’s sole goal is the success of your building and or project.
One might ask, “What does an owners’ representative guide you in?” The answer is, every aspect of the work from start to finish. They can efficiently guide you through the zoning and planning phase (permitting/code compliance), the design, bidding, construction, and occupancy/ safety phases to make sure that you are in the best position possible and following all codes accordingly. An industry expert makes the project go by much more smoothly compared to trying to figure out the ins and outs of the project on a whim.
Sometimes projects need someone who is willing to fight for their project and what they want. Often it takes too much back and forth to get approval for a multitude of things; for example, an unapproved permit or code-related issue will sit and go unnoticed until it is too late, and the project time ends up prolonging or fines from the municipality accrue. An owners’
representative is the face of your project and makes sure everything keeps moving along, no matter what. Also, a common setback in most projects is decision-making in a timely manner. An owners’ representative already has the experience in making quick choices with complex issues. They can advise you on matters that may be outside of an owner’s knowledge to avoid unneeded confusion.
Typically an owners’ representative will schedule weekly or bi-weekly meetings to get everyone together and talk about the work that has been completed and what is on the attack list to keep things moving seamlessly. They are the glue to everyone involved, setting apart time for communication and collaboration to best suit the owner. An owners’ representative serves as a liaison for the owner/ board to give the oversight needed to design professionals such as engineers and architects.
Also, they oversee all vendors, contractors, subcontractors, and municipal authorities throughout the project(s). Workers feel much better and perform well when involved in an encouraging atmosphere that is created by an owners’ representative. Establishing clear lines of communication and protocol is the key to a successful outcome.
Overall, if you would like someone to function as your eyes and ears, be fully immersed in your project, and be financially in your best interest, then you may want to hire an owners’ representative. The best thing is, it does not matter if it is at the start of a project or late in the game—an owners’ representative can come on at any point and help in all sorts of situations that may arise. n
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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/ .
THE IMPORTANCE OF A ROOF MAINTENANCE INSPECTION AGREEMENT FOR
CONDOMINIUM AND HOA ASSOCIATIONS
By Marcy Kravit, CMCA, AMS, PCAM, CFCAM, CSM Director of Community Association Relations
Hotwire Communications FCAP Education Program Coordinator
Marcy L. Kravit
Condominium and homeowners’ association managers and boards need to ensure the maintenance and longevity of the property. Among the various components that require regular attention, the association’s roofs stand out as one of the most critical.
To safeguard the investment and protect residents, it’s essential to establish a maintenance inspection agreement specifically for the association’s roofs. Let’s explore the reasons why such an agreement is vital and the benefits it offers.
IDENTIFY AND ADDRESS ISSUES EARLY
Regular roof inspections conducted through a maintenance inspection agreement allow for proactive detection of potential problems. By identifying issues in their early stages, associations can address them promptly, preventing them from escalating into more costly repairs or replacements. Timely intervention can save the condominium or HOA considerable amounts of money and minimize inconvenience for residents.
EXTEND ROOF LIFESPAN
Roofs are exposed to various weather conditions, including rain, sun, wind, and hail. Over time, these elements can cause wear and tear, leading to leaks, structural damage, or deterioration. Through scheduled maintenance inspections, associations can identify areas of concern and undertake necessary repairs or maintenance tasks to extend the lifespan of the roof. By investing in regular inspections, condominium and HOA associations can protect their roofs and avoid premature replacements.
ENSURE COMPLIANCE WITH REGULATIONS AND INSURANCE REQUIREMENTS
Many condominium and HOA associations are subject to local regulations and insurance requirements. Some jurisdictions mandate regular inspections for certain types of properties including condominiums. By adhering to these regulations and obtaining the necessary documentation through the maintenance inspection agreement, associations can demonstrate compliance. Moreover, insurance companies often require proof of regular roof maintenance and inspections to provide coverage. Having an inspection agreement in place ensures that associations meet these requirements, mitigating potential coverage issues.
ENHANCE RESIDENT SAFETY AND SATISFACTION
The safety and satisfaction of residents are paramount concerns for condominium and HOA associations. A well-maintained roof provides protection not only against weather elements but also against potential hazards such as leaks, mold growth, or structural compromises. By conducting regular inspections and promptly addressing any issues, associations can ensure the safety and wellbeing of residents. This proactive approach also contributes to resident satisfaction as they witness the association’s commitment to maintaining the property.
BUDGETING AND FINANCIAL PLANNING
A maintenance inspection agreement for roofs aids in budgeting and financial planning for condominium and HOA associations. By conducting regular inspections, associations can identify repair or maintenance needs in advance, allowing them to allocate funds accordingly. This proactive approach enables associations to plan for future expenses, avoiding unexpected financial burdens and ensuring the availability of resources when needed. Extending the life of your roof and implementing a budgeting strategy are both essential for condominium and HOA associations.
A maintenance inspection agreement specifically tailored for roofs serves as a valuable tool in achieving these goals. By conducting regular inspections, associations can proactively identify and address any issues that may arise, preventing them from escalating into more significant problems.
This proactive approach ultimately extends the lifespan of the roofs, saving the association money on premature replacements and repairs. In addition, a maintenance inspection agreement helps associations comply with regulations and insurance requirements. Regular inspections ensure that the roofs meet safety standards and mitigate potential liabilities.
By staying on top of maintenance and repairs, associations create a safer living environment for residents, enhancing their overall satisfaction and wellbeing. Budgeting and financial planning are also facilitated by a maintenance inspection agreement. By identifying and addressing roofing issues early on, associations can accurately estimate the costs associated with repairs and replacements and set aside the proper amount outlined in their reserve study in their reserves.
This allows for better financial planning, ensuring that sufficient funds are allocated for roof maintenance in the association’s budget. By avoiding unexpected and costly repairs, associations can effectively manage their finances and prevent financial strain on residents. These steps send a message that the association values the safety and satisfaction of its residents and is dedicated to maintaining the property in good condition for the long term.
Making roof maintenance a priority through a maintenance inspection agreement brings numerous benefits to condominium and HOA associations. It extends the life of the roof, ensures compliance with regulations, enhances resident safety and satisfaction, facilitates budgeting and financial planning, and protects the association’s investment for many years to come.
BECAUSE YOU ASKED
By Betsy Barbieux, CAM, CFCAM, CMCA
- Joan Joan,
Betsy, I’ve been asked by my board to post a draft of the meeting minutes before they are approved. I could not find anything in Chapter 718 that requires this. Is it a typical practice to post a draft before the meeting minutes are approved?
My understanding of Section 718.111(12)(18) is that once minutes are in written form, they are official records that owners may access. I see no problem posting drafts of minutes. They are not a secret.
Other than the statute saying minutes are an official record, there is no other direction related to drafts, whether they are signed or not, and how they are approved. Most boards use Robert’s Rules of Order as a guide for writing and approving minutes, but there is no law.
- Betsy
Betsy,
Our HOA board members hold meetings via Zoom and vote by raising their hands. Is this legal? How do you verify the votes? Is this considered electronic voting?
- Evelyn
Evelyn,
The statute permits board members to meet in person or via electronic videoconferencing (Zoom) or speaker telephone. Board members may vote as if physically present. The statute requires a vote for each board member present must be noted in the minutes. This would be true whether they voted in person, by Zoom, or on speaker telephone.
The statute does not address membership meetings via electronic videoconferencing. However, except to approve the previous meeting minutes or to adjourn, members should vote using a limited proxy (written vote of owner) whether they are there in person or absent, so there is a record of their written vote. They should use a written document called a ballot when voting for board members.
Electronic voting is provided by an approved provider that must meet strict statutory requirements for password protected voting. There is a fee to pay for electronic voting services.
Betsy Barbieux
Voting by email is not permitted at all, and neither email or Zoom is considered electronic voting.
There is a "CAM Matters" show on YouTube that might help explain the issues.
- Betsy
Betsy, I’m double checking with you. Can a board have an emergency board meeting on personnel issues and not post a 48-hour notice? Our attorney said “emergency” is something like a hurricane or other disaster.
- Geri
Geri,
The board members can have an emergency meeting, but the statute doesn’t define emergency. Most CAMs say “fire, blood, water, and a dead body” constitute emergencies.
Section 719.106(1)(c) says if a board does have an emergency meeting without giving a full 48-hour notice, whatever they vote on must pass with a majority vote plus one more board member, and that action must be ratified in the minutes at the next board meeting.
In any event, all personnel meetings are closed, and minutes are not open for inspection.
The statute your attorney referred to is likely Section 719.128 that defines the board’s emergency powers in case of a natural disaster, etc.
- Betsy
Betsy, Can a management company charge a percentage for supervision of a major project? One of our vendors said the state set a maximum of 15 percent. Do you know which statute or state regulation contains the specifics of this?
- Pat
Pat,
I don’t know of a law setting a percentage a CAM or CAB can charge
for project management. Most CAMs and firms agree that managing a project is above and beyond the usual scope of work for a CAM, so an additional charge could be justified. I would think the charge or percent would be a contractual agreement between the parties. However, most CAMs are not qualified to oversee construction or restoration projects. An engineer should probably be engaged to do so.
- Betsy
Betsy,
We have been experiencing a lot of undelivered and/or lost mail through the USPS. Even certified mail has been lost. Does the condominium statute allow us to use bill pay and online banking?
- Sandra
Sandra,
The mail system is a challenge! I know of no law on how to pay bills. That decision would be made by management and the board members.
I pay all bills online either with the association’s bill pay or by setting up auto draft or ACH. All owners’ payments are made directly to the bank and downloaded into my QB program. I set up QB memorized owners’ invoices and some payments that are the same each month. Auto recurring transfers are set up for operating to reserves each month as are the GL entries. I rarely write checks and do as little manual posting as possible!
-
Betsy
FCAP SERVICE PROVIDER SPOTLIGHT
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For more information on Cardinal Management Group, Inc., call 239-7740723 or visit us at www.cmgflorida.com. n
Technology for Community Associations: Harnessing Intelligent Automation and Cybersecurity
BY DANIA S. FERNANDEZ, ESQ.
F
or community association vendors, managers, and board members, integrating advanced technological solutions and comprehensive cybersecurity measures is crucial for addressing contemporary challenges and meeting modern residents’ expectations. Strategic technology integration can enhance operational efficiency, improve security, and cultivate a proactive, resident-focused community culture.
Photo by iStockphoto.com/Nattakorn Maneerat
LEVERAGING INTELLIGENT AUTOMATION IN COMMUNITY ASSOCIATIONS
Intelligent automation provides numerous benefits that streamline operations, refine decision-making processes, and boost resident satisfaction. Here’s how intelligent systems are making a significant impact in community associations:
1. Streamlined Operations— Intelligent automation excels in handling routine tasks such as dues collection, maintenance requests, and compliance tracking. This reduces human error and frees up time for managers and board members to focus on strategic decisions. It also extends to financial management tasks like budgeting and financial
DANIA S. FERNANDEZ, ATTORNEY AT LAW, DANIA S. FERNANDEZ & ASSOCIATES
For those seeking expert legal guidance tailored to community associations, Dania S. Fernandez & Associates PA offers profound insights and support. Our expertise ensures that your technological implementations are effective and compliant with relevant regulations. Dania S. Fernandez is a seasoned attorney with 24 years of experience in community association law. She provides comprehensive legal counsel and educational programs to the board of directors, helping them navigate the complexities of community management and governance. Dania offers guidance on a wide range of issues, from collections and day-to-day operational matters to complex litigation. Known for her dedication to client education and proactive legal strategies, Dania is a trusted advisor in her field. To discover how we can assist your community association, visit www.daniafernandez.com, send an email to dania@dsfpa.com, or call 305-254-4492.
reporting, offering insights into financial trends, and improving accuracy.
2. Physical Security Enhancements—Smart security solutions powered by advanced algorithms, including intelligent cameras and anomaly detection systems, provide real-time information, drastically improving responses to potential threats. Systems using biometric or facial recognition technologies ensure that only authorized individ-
uals can access sensitive areas, thus bolstering both physical and communal security.
3. Predictive Maintenance—Intelligent systems can anticipate potential infrastructure failures before they occur, allowing for preventive maintenance. This proactive approach saves resources and avoids the inconvenience of unexpected breakdowns. Additionally, these systems optimize energy management in community facilities by adjusting HVAC systems based on predictive data for weather and occupancy.
4. Customized Resident Communication—Intelligent systems have the capacity to analyze interaction patterns to tailor communications to different target demographic groups within the community, better ensuring messages are engaging and effectively received. This technology also efficiently manages and organizes large volumes of documents, ensuring compliance and enhancing communication effectiveness.
5. Facility Usage Analytics—Intelligent tools analyze usage patterns of community facilities like gyms, pools, and clubhouses, providing data that helps optimize maintenance schedules, adjusts staffing needs, and tailors operational hours to maximize usage and satisfaction.
6. Enhanced Governance—Intelligent automation supports community boards in their decision-making processes by offering data-driven insights and forecasts. This aids in strategic planning and resource allocation, ensuring that policies and initiatives align with the residents’ needs and the community’s long-term goals.
FORTIFYING CYBERSECURITY IN COMMUNITY ASSOCIATIONS
As community operations become increasingly digitized, protecting sensi-
tive information and ensuring privacy are paramount. Effective cybersecurity strategies are essential.
1. Robust Data Protection— Community associations store vast amounts of personal information. Advanced cybersecurity measures such as encryption and multi-factor authentication protect this data from unauthorized access.
2. Secure Communication Platforms—Encrypting all digital communications safeguards against cyber threats, protecting emails, online transactions, and other digital interactions.
3. Comprehensive Security Audits—Regular security audits identify vulnerabilities in the digital infrastructure. Coupled with ongoing cybersecurity education, these audits strengthen defenses against cyberattacks.
4. Incident Response Preparedness—An effective
incident response strategy minimizes the impact of data breaches or cyberattacks. This plan should outline immediate actions, assessment procedures, and clear communication guidelines.
IMPLEMENTING AN ACTION PLAN FOR ADVANCED TECHNOLOGY AND CYBERSECURITY
Implementing an action plan for the integration of advanced technology and cybersecurity in community associations involves several crucial steps that require careful planning and execution. Here’s how community association managers and boards can effectively embrace these technologies:
1. Technology Audit and Needs
Assessment—Start with a comprehensive evaluation of existing technologies to identify inefficiencies, security risks, and potential areas for improvement. This audit should cover the following:
• Analysis of current hardware and software solutions
• Assessment of the security posture of digital networks and systems
• Identification of outdated technologies that need upgrades or replacements
• Gathering input from staff and residents to understand their needs and expectations
2. Strategic Planning and Goal
Setting—Set clear, actionable goals for technology and a timeline for implementation to include the following:
• Define specific, measurable objectives that align with the broader goals of the community.
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• Establish a timeline for the rollout of new technologies.
• Prioritize projects based on their potential impact on operational efficiency, cost, and the security they will enhance.
• Create a comparison budget that reflects the costs associated with these technological upgrades.
3.
Policy Development
and Implementation—Develop comprehensive policies that regulate the use and security of new technologies. Key aspects follow:
• Establish guidelines for data privacy and security that comply with legal standards.
• Define user protocols for new systems to ensure consistent and safe usage.
• Implement standards for ongoing monitoring and maintenance of new technologies.
• Integrate these policies into the community’s overall governance framework.
4. Staff
Training
and Resident Education—Ensure that everyone in the community understands how to use the new technologies and the benefits they bring. This involves the following:
• Organize workshops and training sessions for community staff, focusing on operational changes and security practices.
• Host informational sessions for residents to explain new technologies and how they enhance community living.
• Develop educational materials such as manuals,
5. Phased Technology Rollout— Introduce new technologies gradually to manage the transition effectively and mitigate risks. This should include the following:
• Start with pilot programs in less critical areas to test new systems.
• Analyze the results of pilot programs and adjust before wider implementation.
• Stagger the deployment of more complex systems to ensure that support structures are in place.
6. Regular Review and Updates—Establish a systematic approach to continually assess and enhance technological and cybersecurity measures. This process should include the following:
• Regularly scheduled reviews to evaluate the effectiveness of new technologies.
• Updating systems and policies in response to new threats and technological advances.
• Soliciting ongoing feedback from users and residents to ensure the technology meets their needs and is fully understood.
7. Vendor Collaboration and Support—Build strong partnerships with technology providers to ensure that the solutions delivered are optimal for the specific needs of the community. Strategies include the following:
• Select vendors with robust support systems and a strong track record in similar projects.
• Work closely with vendors during the setup and customization of technologies.
• Ensure that vendors provide adequate training and resources as part of their service and/or contract.
8. Feedback Mechanisms and Continuous Improvement—
Implement robust feedback mechanisms to ensure that the technology continues to meet the needs of the community. This involves the following:
• Setting up feedback channels such as surveys, focus groups, and online forums.
• Regularly reviewing feedback to identify areas for improvement.
• Adapting an ongoing strategy based on resident and staff input
to continually refine the technology implementation(s).
Adopting advanced technologies and robust cybersecurity measures is vital for community associations to thrive in both a digital and vulnerable era. These technologies enhance operational efficiencies, improve security, and promote a dynamic, secure community environment. n
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It’s Always Better to Be Ready
BY MARNIE DALE RAGAN, ESQ.
Cat 5, the eye, cone of uncertainty, and hurricane party.
These phrases can have varying effects, instilling fear or the misguided belief that a storm is a reason to celebrate. No matter the type of Floridian that you are, these words are familiar, and it is that time of year once again. From June 1 through November 30, Florida will once again experience hurricane
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season—the time of year that we believe weather reporters love the most, with unlimited airtime and a fine line drawn between forecasting and inciting fear.
Regardless of whether you are the type to stock up with groceries and batteries or hope for a few days off work, there are some things that all owners—especially those owners in community associations—should make sure were addressed prior to June 1 and throughout the season.
Preparation in a community association is the responsibility of all, but many of the tasks will fall to management and the board of directors.
If you are a member of the board of directors or are in management, an important part of your job is to safeguard the association’s property. This can
MARNIE DALE RAGAN, SENIOR PARTNER, HABER LAW
Marnie Dale Ragan is a senior partner with Haber Law and is board certified in condominium and planned development law. Admitted to the bar in April 2001, she has practiced in the area of community association law for over 20 years. Her focus includes general association operations, drafting and amending governing documents, planning and writing documents for new developments from inception to recording, revising and restating documents for existing associations, writing opinion letters on various issues, undertaking complex research for issues of first impression in communities in anticipation of litigation, reviewing and creating contracts for various association needs, undertaking covenant enforcement, and attending and running board of director and membership meetings. For more information, email mragan@ haber.law or visit www.haber.law.
be completed by creating a clear and concise policy and strategy to address year-round preparation as well as imminent storm safeguards and post-storm action plans. On an annual basis, contract with vendors and ensure that there are storm provisions included while understanding the limitations of their resources and that it may take time for them to reach your property. Account for storm preparation in contracts and identify any additional costs that may be incurred for such preparation and stoppage of work.
With respect to general operations, the board and management should ensure that all contact information for residents, not just owners, is up to date, including names, addresses, and phone numbers or email addresses. Make sure that all of the association’s records, and most importantly insurance information, is stored safely and in watertight containers; and it is recommended that they also be maintained virtually if at all possible.
Before the storm have management and the board obtain a short list of contacts, including insurance adjusters, utilities information, attorneys, and landscapers for debris removal. Make sure these contacts are available to all board members and management to allow for a quick poststorm implementation of the cleanup plan. The board and management should review the insurance policy of the property to understand what may or may not be covered as a result of storm damage as well as to understand the deductible amount.
An annual inventory of the property, with video and photographs, should be taken prior to hurricane season in order for the association to have demonstrative evidence of the condition of the property. This will be helpful when addressing insurance claims. This evidence should also be stored in a safe and dry location.
The association should undertake pre-storm mainte -
nance seriously, engaging landscapers to keep trees trimmed and healthy as well as reviewing all drainage avenues to make sure that there are no obstructions that would inhibit water from flowing away from the property as quickly as possible. Any generators on the property should be routinely tested. Residents should be encouraged to take similar actions to safeguard information and property and should be sure to have necessary supplies available, especially medical supplies if applicable, in the event of an evacuation or loss of power.
When a storm is imminent, the emergency plan should be implemented. All outdoor furniture should be secured as well as any other items that could become flying projectiles. Shutters should be utilized if they are maintained at the property. Make sure supplies are accounted for, especially those that are utilized when there is no electricity. Residents should be advised of the association’s plan for the storm, and residents should be directed to heed local authority dictates, including the requirement to evacuate. Evacuation orders apply to residents and staff, and residents should understand that if they do not heed evacuation orders, staff will not be on the property during the storm and will only return once the authorities permit access.
Once the storm has passed and the property can be accessed—or remotely if necessary—the board of directors can meet on an emergency basis to begin implementing post-storm plans and contacting vendors as needed, whether for debris removal or other necessary repairs. Insurance agents and other professionals can be contacted as needed. Once the property can be accessed safely, any damage should be documented in order to support claims. The association can utilize its contact list or website to provide updates to residents and owners, advising of the condition of the property as well as the activities of the association to restore the property.
While many of the tasks are intended for the association, owners should follow suit. Personal insurance for the contents of your unit should be maintained, and those documents should be in a secure place as well as the cloud. Have sufficient goods stocked, including medicine, batteries, flashlights, and food that will not spoil in the event of a power outage. Do not forget about your animals; they will also have needs. Have a plan in place as to where you may go in the event of an evacuation, and make sure to do your research in the event you have pets. Take stock of the contents of your unit, document its condition prior to and after a storm to support an insurance claim, and heed the guidance of the association and local authorities, especially with respect to evacuation orders.
In the end, it is the hope that all of the preparation is not ever put into action, but it is always better to be ready. As always, an association should consult their legal counsel for more tips and specific recommendations for the property. n
HB 1203—Changes to the Homeowners’ Association Act
BY YELINE GOIN, ESQ.
It seems that every year we can count on the Florida legislature making additional changes to the Homeowners’ Association Act (“HOA Act”), and the 2024 legislative session was no different. One of the HOA bills adopted by the legislature is HB 1203. The bill was formally sent to the governor on May 21, 2024. As of May 31, the governor approved the bill.
The bill became law, and the vast majority of the changes took effect on July 1, 2024.
The following is a summary of the more significant changes to the HOA Act. There are some additional changes to Chapter 468, regulating community association managers and community association manage-
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ment firms, that are not included in this article.
HOA WEBSITES
By January 1, 2025, an association that has 100 or more parcels must post certain documents on a website or make the documents available through an application that can be downloaded on a mobile device. The documents that must be posted and the deadlines for posting are specified in the new statute.
The website or application must include a passwordprotected section for owner and association employee access only, and certain information must be redacted before posting.
The HOA must adopt written rules governing records retention.
CRIMINAL PENALTIES
There are new criminal penalties for the following:
YELINE GOIN, SENIOR ATTORNEY, BECKER
Yeline Goin concentrates her practice on the law of community associations, primarily representing condominium, cooperative, and homeowners’ associations. She is one of only 190 attorneys statewide who is a boardcertified specialist in condominium and planned development law.
Ms. Goin previously served as the Executive Director of our Community Association Leadership Lobby, or CALL, which represents the interests of the firm’s 4,000-plus community association clients by monitoring and responding to legislation emerging from Tallahassee, which can significantly impact common ownership housing communities.
For more information, call 407-875-0955, email ygoin@beckerlawyers.com, or visit www.beckerlawyers.com.
• Knowingly, willfully, and repeatedly (two or more violations within 12 months) failing to retain or provide access to association records, with the intent to cause harm to the association or its members
• Knowingly and intentionally defacing or destroying an accounting record; knowingly or intentionally failing to create or maintain accounting records with intent to cause harm
• Willfully and knowingly refusing to release or otherwise produce association records with the intention to avoid detection for the
commission of a crime or to assist another person with such avoidance or escape
• Accepting kickbacks
• Committing certain fraudulent voting activities.
An association must respond to any law enforcement subpoena for records 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 the HOA Act.
FINANCIAL
• An association with 1000 or more parcels must prepare audited financial statements, notwithstanding the association’s total annual revenues.
• An association may not vote to prepare a lesser financial statement for consecutive fiscal years.
• Debit cards are prohibited, and using a debit card issued or billed to the association for any expense that is not a lawful obligation of the association is a theft.
• An owner may request a detailed accounting of any amounts owed to the association, and the board must provide the information within 15 business days. An owner may not make another request for a detailed accounting for at least 90 calendar days. Failure of the association to reply within 15 business days may constitute a waiver of any outstanding fines.
BOARD MEMBER EDUCATION
A “signed certification” is no longer required. Instead, all association board members must comply with new educational requirements.
• Within 90 days after being elected or appointed to the board of directors, the director must complete a new director education curriculum.
• The certificate of completion is valid for up to four years.
• Additionally, directors must complete at least four hours of continuing
education annually UNLESS the association has 2500 parcels or more, in which case they must complete eight hours of education annually.
ARCHITECTURAL CONTROL
• The association must reasonably and equitably apply and enforce architectural control standards.
• The association may not enforce or adopt a covenant or rule that limits or places requirements on interior changes that are not visible from the parcel’s frontage or an adjacent parcel, common area, or community golf course.
• The association may not require a review of plans and specifications for air conditioning systems or similar systems that are not visible from the parcel’s frontage or an adjacent parcel, common area, or community golf course and are substantially similar to systems that have been approved by the association. If the association denies a parcel owner’s request or
Continued on page 58
CURRENT COMMUNITY
ASSOCIATION CLIENTS $300M+ RECOVERED IN CONSTRUCTION DISPUTES SINCE 2018
OF SERVICE
COMMUNITY ASSOCIATION LAW SERVICES:
Covenant enforcement
Covenant amendments
Contract review/negotiation
Collection of assessments
Meeting package preparation
Attendance at meetings
Legal counsel on all day-to-day operational decisions
Review and negotiation of loan/line of credit documents
General litigation
And more!
TURNOVER & CONSTRUCTION DEFECT SERVICES:
Turnover meetings
Review of turnover documents
Assisting in the selection and hiring of turnover auditors, engineers and other consultants
Chapter 558 inspections and procedures
Negotiating repair protocols
All aspects of state/federal litigation for construction warranty claims, from settlement negotiations through trial
7 board certified attorneys in condominium & planned development law
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Continued from page 56
application, they must provide written notice stating with specificity the rule or covenant the committee relied on when denying the request, AND the specific aspect of the proposal that does not conform to such rule or covenant.
STORAGE OF ITEMS
Section 720.3045 is amended to state that an association may not restrict the installation, display, or storing of items which are not visible from the parcel’s frontage, adjacent parcel, adjacent common area, or a community golf course. The types of things that cannot be regulated include, but are not limited to, artificial turf, boats, flags, vegetable gardens, clotheslines, and RVs (if not visible as provided in the statute).
FINING/SUSPENSIONS
Section 720.305 regarding fining and suspensions is amended, including the following:
• The committee hearing must be held within 90 days after issuance of the notice of hearing.
• The committee may hold the hearing by telephone or other electronic means.
• The committee’s findings must be provided in a written notice within seven days after the hearing.
• If a violation has been cured before the hearing, a fine or suspension may not be imposed.
• If violation has not been cured, the committee must set a date by which the fine must be paid, which must be at least 30 days after delivery of the notice.
Continued on page 60
PLATINUM PLATINUM
PLATINUM PLATINUM
TThank Thank hankyou! you! you!
Continued from page 58
• Attorneys’ fees and costs may not be awarded against the parcel owner based on actions taken by the board before the due date of the fine.
• Fines are prohibited for the following:
◦ Leaving garbage receptacles at the curb or end of the driveway within 24 hours before or after the designated garbage collection day or time.
◦ Leaving holiday decorations or lights on a parcel longer than indicated in governing documents, unless such decorations or lights are left up for longer than one week after the association provides written notice of the violation to the parcel owner.
PROHIBITED CLAUSES RELATED TO VEHICLES
Section 720.3075 is amended to state that associations are prohibited from enforcing the following types of restrictions:
• Parking a “personal vehicle” in the driveway or anywhere else a person has the right to park under municipal, county, and state law, including a “pickup truck.”
• Parking a work vehicle with insignia or visible designation, except if it is a “commercial motor vehicle” defined in Section 320.01(25), F.S., as follows:
◦ “Commercial motor vehicle” means any vehicle not owned or
operated by the government with three or more axles or weighing more than 26,001 lbs. and using a special motor fuel on the public highway.
• Requiring owners to use a preferred vendor list or restricting property access solely because a contractor or worker does not have a professional or occupational license.
LIENS
Section 720.3085, Florida Statutes, is amended to prohibit compound interest.
ELECTRONIC VOTING
An owner may consent electronically to voting electronically. n
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A Quick Glance at the 2024 Legislation Affecting Florida’s Community Associations
BY JEFFREY A. REMBAUM, ESQ.
The legislative bills affecting Florida’s community associations are in play and expected to become law; but at the time of writing this column, it is unknown whether the governor of the State of Florida will sign all of them into law or perhaps veto one or more of them. The House Bills (HB) at issue are:
• HB 1203, affects homeowners’ associations (signed by the governor and effective July 1, 2024)
• HB 59, affects homeowners’ associations (signed by the governor and effective as of July 1, 2024)
Photo courtesy of Kaye Bender Rembaum
REMBAUM'S ASSOCIATION ROUNDUP
• HB 293, affects homeowners’ associations (signed by the governor and effective immediately)
• HB 1029, affects condominium associations (signed by the governor and effective as of July 1, 2024)
• HB 1021, affects condominium associations (expected to become law, effective July, 1, 2024, but as of writing this article, not signed by the governor)
Due to their length, it is impossible to provide a meaningful summary of each of these bills in the space provided. With that in mind, anyone who would like a complete 2024 legislative summary can download it from Kaye Bender Rembaum, P.L.’s website at www.kbrlegal.com
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
HB 1203 (affecting HOAs) and HB 1021 (affecting condominiums) both provide for new community association manager requirements as amended in Chapter 468, Florida Statutes, including such items as posting of the manager’s duties and available hours of the manager, along with a plethora of new financial interest disclosures which if not strictly adhered to can lead to possible cancellation of the management contract. In the outline provided on our website as referred to above, all of these new requirements are together in one place (which, in our view, is how the legislature should have presented these new requirements).
A few of the new provisions affecting homeowner associations, follow:
• An HOA with 100 or more parcels must have a website, and the new law provides for which documents must be posted on that website.
• Membership meeting posting requirements now include the necessity that any document to be considered by the members by way of a vote must also be posted.
• The HOA must adopt written rules governing the method by which official records are to be retained and periods that such records must be retained. The law clarifies that most
official records must be retained for at least seven years.
• Owners have the right to request a financial accounting, which must be provided within 15 business days of the written request, and failure to provide it can lead to the extinguishment of a fine.
• It appears all board members must be certified by taking a fourhour class, and such certifications remain valid for only four years. In addition, if there are fewer than 2500 parcels, then the HOA board members must complete four hours of continuing education annually, and if greater than 2500 parcels the HOA board members must complete eight hours of continuing education annually.
• New criminal penalties are associated with forging of a ballot envelope or voting certificate along with refusal to allow inspection or copying of official records in furtherance of any crime.
• Before October 1, 2024, all HOAs must provide a physical or digital copy of the association’s covenants and rules to every member of the association.
• All HOAs must adopt hurricane protection specifications for each structure or other improvement on a parcel governed by the association.
Continued on page 68
Continued from page 66
Regarding whether the following legislative changes will applicable to existing HOAs will be have to be determined later, but suffice it to say, it is this author’s opinion that new laws affecting existing substantive contract rights cannot be applied retroactively, absent Kaufman language in the declaration) because to do so impairs such existing substantive contract rights. In other words, there are constitutional protections against governmental impairment in existing contracts. Therefore, absent clear intent expressed within a governing document for changes in the law to be effective against various covenants, it is unlikely that this type of legislation can be applied retrospectively, but only time will tell.
• The HOA, including its architectural committees, may not enforce or adopt a covenant rule or guideline that limits or places requirements on the interior of a structure that is not visible from the parcel’s frontage or adjacent parcel or adjacent common area or community golf course.
• Similarly, the HOA cannot require a review and approval of plans regarding central air conditioning, refrigeration, heating, or a ventilating system if such a system is not visible from the parcel’s frontage, an adjacent parcel, an adjacent common area, or community golf course and is similar to a system that is approved or recommended by the association.
• Regardless of any covenant restriction, bylaw, or rule, the HOA may not restrict parcel owners from installing, displaying, or storing any items on a parcel which are not visible from the parcel’s frontage, adjacent parcel, adjacent common area, or community golf course including but not limited to artificial turf, boats, flags, vegetable gardens, clothes lines, and recreational vehicles.
• Pickup trucks cannot be prohibited from being parked in the owner’s driveway or any other area where the owner or their guest or invitee has the right to park.
Continued on page 70
• Work vehicles regardless of any insignia or visible designation on the vehicle cannot be prohibited from being parked anywhere the owner, guest, or invitee may park, so long as it is not a “commercial motor vehicle” as defined in the Florida Statutes.
• Contractors may not be prohibited from entering the community solely because the contractor is not on a preferred vendor list.
• Homeowner association documents may not preclude a property owner from hiring a contractor solely because the contractor does not have a professional or occupational license.
• The HOA may not require a contractor or worker to present an occupational license to be allowed entry into the HOA.
If passed into law, here are a few of the new laws affecting condominium associations.
• The “My Safe Florida Condominium Pilot Program” is created in Chapter 215, Florida Statutes, and provides procedures to apply for inspections and grants for certain mitigation projects. There are requirements for both board and membership approval to apply for the grants. The DBPR must promulgate grant forms and such prior to the program being in a position to provide any funding. Grants must be matched on the basis of one dollar provided by the association for every two dollars provided by the state. The association may receive grant funds for both roof-related and opening protection-related projects, but the maximum total grant award may not exceed $175,000 per association. Once the money allocated to the grant program, which we understand is a total of $30 million, runs out, the money is gone. This means that if each condominium association receives the maximum amount, only 171 condominium associations will benefit.
• Board members must be certified by taking a board certification class that is at least four hours long and provides instruction on a variety of required subjects. The certification is valid for seven years so long as a board member serves without interruption. Each condominium association board member is required to take one hour of continuing education per year. Board members elected or appointed before July 1, 2024, must comply with the new written certification and educational certificate requirements by June 30, 2025.
• An additional exception from the milestone requirements is provided for family dwellings with three or fewer habitable stories above ground.
• Official records must be maintained in an organized manner that facilitates inspections of the records by a unit owner.
• The association may fulfill its obligations by providing official records to requesting members by directing such a member to the association website.
• In response to an official records request, a checklist of all records made available must be provided to the requesting member as well as identification of those records which were not made available.
• When posting a board meeting agenda, if there is an item relating to the approval of a contract for goods or services, then a copy of the contract must be provided with the meeting notice.
• A residential condominium with more than 10 units must have a board meeting at least once each quarter where the agenda includes an opportunity for members to ask questions of the board. Such right of the members includes the right to ask questions related to reports on the status of construction or repair projects, status of revenues and expenditures, and other issues affecting the condominium.
• At least 90 days before an election, any member whose voting rights are going to be suspended must be provided notice that their voting rates are going to be suspended due to nonpayment of a fee or other monetary obligation.
• The term “hurricane shutter” in Chapter 718 is now replaced with the term “hurricane protection.” All condominium associations are required to adopt hurricane protection specifications.
• The Statute of Repose (i.e., the absolute last date a builder/construction professional can be sued) now begins to run at the turnover of the association from the developer to the unit owners rather than from the date of the temporary certificate of occupancy. This is an extremely important change to protect the rights of the unit owners to be able to bring construction defects lawsuits when necessary under the circumstances.
• It is unlawful for the association to engage in retaliatory conduct against a unit owner who, in good faith, complained to a governmental agency, filed a complaint against the association, alleged violations of chapter 718, or made public statements critical of the operation or management of the association, etc. This is an expansion of the prohibition against “SLAPP” lawsuits (i.e., “strategic lawsuits against public participation”).
As you have already read, this year’s proposed legislation is extensive. For a more detailed analysis please go to www.kbrlegal.com to download your comprehensive digest of these new laws. n
Stand Your Ground: When Can You Use Nonlethal Force to Protect Your Personal Property?
BY MICHAEL J. GELFAND, ESQ.
W
herever you stand, you cannot contest that “Stand Your Ground” laws have proliferated, especially in Florida. These “SYG” laws are often in the news following the use of force, especially to defend against a prosecution.
While the application of SYG laws in Florida community association governance have been a concern for quite some time, that concern has been abstract or theoretical until now.
The abstract question has been, what happens when a Florida property manager or community association volunteer accesses
Photo by iStockphoto.com/AndreyPopov
your property without the occupant’s consent? What type of force is permitted to prevent their access? Is more than slamming a door permitted?
As happens frequently, the abstract or theoretical has collided with reality. A recent Florida appellate court decision concerning a condominium association, which could have easily involved a homeowners’ association or a cooperative association, reminds all Florida community associations of the dangers that lurk when managers or volunteers enter a residence.
A Florida appellate court recently ruled that a condominium unit owner may use a certain amount of force to prevent unlawful interference with her personal property. The facts in Paese v. State of Florida , 49 Fla. L. Weekly D 472 (Fla. 4th DCA, February 28, 2024), reflect that Paese was a resident of a high-rise condominium. One of the elevators opened into her unit with a key fob that provided her exclusive access.
One day four men—the
MICHAEL J. GELFAND, ESQ., SENIOR PARTNER, GELFAND & ARPE, P.A.
Michael J. Gelfand, Esq., the senior partner of Gelfand & Arpe, P.A., emphasizes a community association law practice, counseling associations and owners how to set legitimate goals and effectively achieve those goals. Gelfand is a dual Florida Bar board-certified lawyer in condominium and planned development law and in real estate law, a certified circuit and county civil court mediator, a homeowners’ association mediator, an arbitrator, and parliamentarian. He is a past chair of the Real Property Division of the Florida Bar’s Real Property, Probate & Trust Law Section, and a Fellow of the American College of Real Estate Lawyers. Contact him at ga@gelfandarpe.com or 561-655-6224.
property manager, a local code inspector, and two other men—used a master key fob to ride the elevator to Paese’s unit. The elevator opened into the owner’s elevator foyer, considered to be a common element. The door that was supposed to be in between the foyer and the rest of Paese’s unit was missing because of renovations. As a result, the four men could see directly into Paese’s unit.
When the door opened, Paese threw duct tape at the four men. And when the code inspector started taking pictures, Paese hit the phone out of the code inspector’s hand. Paese was charged with felony battery on a code inspector. Paese moved to dismiss on the grounds that Florida’s Stand Your Ground law gave her the right to use non-deadly force against the code inspector because the four men were wrongfully interfering with her personal property by intruding into her condominium unit. The trial court denied the motion to dismiss.
The Florida appellate court disagreed with the decision, ordering the trial court to dismiss the case against Paese. The court found that Paese was entitled to immunity from prosecution when she used non-deadly
force to prevent or terminate the tortious interference with her personal property after the four men used a master key fob to overrider Paese’s exclusive access and intrude on her private home taking pictures of its interior. The court explained that Section 776.031(1), Fla. Stat. (2020), Florida’s Stand Your Ground law, provides the following:
A person is justified in using or threatening to use force, except deadly force, against another when and to the extent that the person reasonably believes that such conduct is necessary to prevent or terminate the other’s trespass on, or other tortious or criminal interference with, either real property other than a dwelling or personal property, lawfully in his or her possession.
The court continued, noting that had Paese used deadly force, that would not have been justified since the four men were not committing a felony.
The court further noted that under the Declaration of Condominium, the association could not enter Paese’s unit without her consent or proper notice to enter at “reasonable hours.” As the court stated, “It was only after the four men in the elevator disregarded Paese’s multiple verbal requests to desist from tortiously interfering with her personal property, and depart from the private entry to her home, that she used a proportionate amount of force to prevent or terminate their unprivileged actions.”
With due caution, Florida community associations should be cognizant of the risks associated with sending a manager or a volunteer into a zone of danger. The lesson to be learned is not to enter a member’s property without the member’s consent. Occasionally there is such an emergency that immediate action is recommended, but consider calling the police or other authority first. n
Photo by iStockphoto.com/Davizro
BY BETSY BARBIEUX, CAM, CFCAM, CMCA
I Strategies for Dealing with Difficult People
f you gather a group of managers together, they most likely will be talking about the projects they have in progress and the obstacles to completing them. There will usually be two obstacles to those projects—time and people. Florida CAMs manage not only the projects, facilities, buildings, and grounds, but also the whole social aspect of community association living, which includes dealing with people. Then add to all that the business of operating a multi-million-dollar corporation and its meetings, budgets and financial reporting, collections, lien foreclosures, mortgage foreclosures, and keeping up with the ever-changing laws.
Photo by iStockphoto.com/AntonioGuillem
While stalled projects and missed deadlines are a nuisance and eat up time, managers report there is a five percent deviant group of people in each community that causes 99 percent of their headaches. It’s that five percent that takes up an enormous amount of their workday!
Managers report some of the following strategies have worked for them:
ANGRY PERSON SCREAMING AT YOU IN YOUR OFFICE
Listen to them. While they are angry, don’t try to explain, justify, or defend yourself. Now is not the time to rationalize with them. Take notes to let them know you are serious about resolving their complaint.
Some managers report a high tolerance for loud, obnoxious, and abusive residents. Others have no tolerance and set guidelines for the angry resident about the way they speak. Once those boundaries are set, if the angry resident crosses them, the conversation is over. Promise him you will listen after he calms down and if he is able to talk without cursing.
Place a large mirror behind your desk. That way the angry resident has to look at himself while he is yelling at you.
Women managers report more verbal abuse and feel threatened physically more than men managers. Ladies, if you have no staff and manage alone, be sure to have a direct line to the police or sheriff’s department. Many ladies install panic buttons under their desks. Do not be afraid to ask security to walk you to your car in the evenings.
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.
ANGRY PERSON SCREAMING AT YOUR STAFF
Create a plan for your staff so that when the conversation of an angry resident escalates, other staff members “appear.” In most instances, the more people who witness the blowup, the more intimidated the angry resident gets. On rare occasions, the presence of additional staff gives the angry resident an audience and the “plan” backfires on you.
As the manager, part of your job is to protect your staff. Your appearance often turns the angry resident into a different person! They become so congenial. You must not let them abuse your staff. Residents who cannot be civil to you or your staff should not be allowed to communicate with you except in writing. A letter from your board or attorney or a restraining order may be needed.
Escort the angry resident to your office so your staff can continue their work.
THE LONELY WIDOWER WHO SHOWS UP AT YOUR OFFICE EVERY DAY AND NEVER SEEMS TO LEAVE
Rarely dangerous, you can escort these folks out. Tell them you have to work now, and they have to go home. Basically, you have to treat them like children.
Schedule a regular appointment with them. Refuse to meet with them except on that day and time.
This person has few social skills and does not pick up on social cues. When you keep looking at your watch or you’ve cleaned off your desk and turned out the light, they don’t get it. They don’t notice they are interrupting you or that you apparently have to go someplace. Don’t be afraid to tell them. You can’t hurt their feelings for long. They will return another day!
DISRUPTIVE RESIDENT AT A BOARD MEETING
Coach your chairperson to stand when he or she senses the resident is becoming disruptive. Indicate to the resident that their position is clear to the board. Ask them to sit down by saying, “Mr. X, I am going to sit down, and I invite you to sit down too.” The peer pressure imposed with this statement usually gets the desired result.
J.R. Frazer, Inc.
Make sure the members on your board know they can move for a recess or to adjourn when a meeting gets out of control. Once recessed or adjourned, the whole board must leave the room, thereby removing the “audience” for the angry resident. Be sure your board has a plan for who will make the motion and who will make the second!
Have your board adopt meeting guidelines and rules as to resident participation at board meetings and membership meetings. Guidelines should include the formality with which the board is addressed, the place from which the resident speaks, the amount of time each resident may speak, that there will be no cross talk, and that they may address no one except through the chair.
Videotape the meeting. Most people behave better if they know they are on tape!
Hire off-duty police officers to be present at your meeting. Pay your attorney to be present.
DISRUPTIVE RESIDENT WHO IS INTOXICATED
Change the meeting time to the morning or to a time before cocktail hour.
Move the meeting off campus, several miles away (but within 45 miles), after dinnertime. Hopefully, the intoxicated resident will have enough sense not to drink and drive.
For those managers who face these challenges on a regular basis, know that you are not alone. For those managers who rarely encounter a difficult person, be grateful and consider yourself extremely blessed! n
Thursday and Friday, August 15-16, 2024
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Court Leesburg, FL 34748
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Our public adjusters are industry experts, certified and trained to handle a wide range of claims, including residential, commercial, and industrial properties. We specialize in claims related to hurricanes, water damage, fire, mold, and more. Our deep understanding of South Florida’s unique challenges allows us to provide tailored solutions that address the specific needs of CAMs and their communities.
From the moment you contact Five Star Claims Adjusting, you can expect a five-star experience. Our process begins with a comprehensive assessment of your property damage, followed by meticulous documenta-
tion and submission of your claim. We handle all negotiations with the insurance company on your behalf, ensuring that every aspect of your claim is thoroughly addressed.
Our primary goal is to secure the maximum settlement for our clients. We work diligently to uncover all possible avenues for compensation, leveraging our expertise to challenge underpaid or denied claims. With Five Star Claims Adjusting, you can be confident that no stone will be left unturned in the pursuit of a fair and just settlement.
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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/
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. 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.
Campbell Property Management
Diamond Level Winner—Management Companies (Winner 2024 and ten previous RCA wins)
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
Florida’sMostTrustedEngineeringFirm!
Headquarters
25 N Brevard Ave, Suite 101 Cocoa Beach, FL 32931 Daytona Beach Branch 434 N Halifax Ave, Suite 3 Daytona Beach, FL 32118
Ph: 321.454.7300 Email:
With 20 years in business and over 150 years combined experience, our team of Engineers and Project Managers are well equipped to consult and manage your Structural Restoration and Roofing projects. We proudly service Florida’s East Coast including Brevard, Duval, Flagler, Indian River, Orange, Osceola, Seminole, St. Johns, St. Lucie, and Volusia counties!
- Assessment for Repair/Rehabilitation and Milestone Inspection
• Phase 1 — Roof Condition Inspection Report
- Assessment for Repair/Replacement
• Phase 2 — Scope of Work and Bid Process
- Preparation of Scope of Work and Competitive Bid Process with well-vetted contractors
- Daytona Beach Office & Roofing Division
- Cocoa Beach Office & Roofing Division
- Roofing Division only
• Phase 3 — Project/Construction Management
- Preparation of Signed & Sealed project documents for permitting purposes
- Oversight of work in-progress and contractor payment requests for accuracy
• Consulting Services
- Create drawings and specifications, review the work of other engineers, write recommendations for future building maintenance needs, costs, and cycles
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, lifestyle director, gate access, human resources development, community website, 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 longstanding 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
Vesta Property Services
Diamond Level Winner—Management Companies (Winner 2024 and six previous RCA wins)
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 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.
WeatherTight Systems
Gold Level Winner—Roofing (Winner 2024 and two previous RCA wins)
WeatherTight Systems is a national commercial roofing company with headquarters in New Jersey and Florida. We have over 50 years of experience and specialize in commercial, condominium, HOA, and industrial roofing applications. We have completed over 50,000 projects with 100 percent client satisfaction.
WeatherTight offers spray foam roofing and insulation, modified bitumen roofing, TPO roofing, EPMD roofing, metal roofing, built-up roofing, and waterproofing. Roofing systems without fasteners, insulation joints, or membrane seams can be truly waterproof with no leaks EVER. Our energy-saving roofing systems significantly reduce heating and AC loss in commercial buildings. It’s commercial roofing that pays for itself!
WeatherTight offers free, no-obligation quotes with a comprehensive estimate from our roofing consultants. Our products and service are why we are one of the best commercial roofing contractors in the USA.
For more information about WeatherTight Systems, call 877-893-9200 or visit www.weathertightfl.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.
fcapgroup.com/nl-sd
Landex Resorts
25 Homestead Road N., Suite 41
Lehigh Acres, Florida 33936
239-369-5848
www.landexresorts.com
fcapgroup.com/flcaj/advertise
Oldsmar, Florida 34677
813-433-2000
www.mgmt-assoc.com
MAY Management Services, Inc. 5455 A1A South St. Augustine, Florida 32080 904-461-9708
www.maymgt.com
Over 20 years in Northeast Florida!
Qualified Property Management 5901 US Highway 19, Suite 7 New Port Richey, Florida 34652 877-869-9700
