community association PODCAST
Think you know what community association life is all about?
Think again. Residents must obey the rules, directors must follow the law, and managers must keep it all running smoothly. Take It to the Board explores the reality of life in a condominium, cooperative or homeowners’ association, what’s really involved in serving on its board, and how to maintain that ever-so-delicate balance of being legally compliant and community spirited. Leading community association attorney Donna DiMaggio Berger acknowledges the balancing act without losing her sense of humor as she talks with a variety of association leaders, experts, and vendors about the challenges and benefits of the community association lifestyle.
FEATURED EPISODE
The Do’s and Don’ts of Association Committees with Becker’s Ken Direktor
If you’ve got a question, Take It To The Board with Donna DiMaggio Berger – We Speak Condo & HOA!
Every community association will experience a significant property damage claim at some point during its lifespan. In addition to windstorms, fires and floods there are the everyday water leaks with which volunteer boards and managers must contend. While it is reasonable to believe that after years of dutifully paying your insurance premiums your damage claims will be paid quickly and in full, the reality is often quite different.
Episodes are available for subscription on iTunes, Amazon Music, Spotify, or listen through any podcast streaming app.
Time-strapped volunteer board members and managers are at a significant disadvantage while trying to shepherd an insurance claim on their own. And the insurance company’s adjuster is not there to help you maximize your claim-in fact, it is the opposite. The insurance company’s adjuster is there to minimize or even deny your claim if possible. Our team intimately knows your business and will fight hard to maximize your insurance payout.
Does your association have committees? Do you find them to be a helpful addition to association operations or a harmful “shadow board” with the potential to create liability for the association, its directors, and members? Host Donna DiMaggio Berger sits down with Ken Direktor, Chair of Becker’s Community Association practice, to peel back the curtain on the inner workings of committees: the good, the bad and the ugly. The following committees are discussed in this episode: Fining/Grievance; Architectural Control; Landscaping; Social/Entertainment; Document Rewrites; Budget; Neighborhood Watches and more. Find out which of these committees are vital to your community and which may be more problematic than they’re worth.
How Milestone Inspections and SIRS Are Changing Board Operations
Irrigation Red Flags
Rembaum's Association Roundup Do the 2024 Laws Apply to Our Association?
Navigating New Compliance: Key Changes to Florida Condominium Board Meeting Requirements
Best Practices for Community Associations Implementing Dues Increases
Obligations and Duty to Repair
FCAP Community CAM Matters—Betsy Barbieux RCA Spotlight
Legal and Management Directory Products and Services Directory Display Advertisers’ Index
Journal Notes
When I was around 20 years old and in college, my mother, Charlene Yarbrough, and her sister launched a publication called Cleaner Times. This magazine, which still serves the pressure washing industry across the United States today, marked the beginning of her publishing career. In 2000 she acquired Manager’s Report and later rebranded it to the current Florida Community Association Journal. By 2018 she was ready to fully retire, and my husband and I took over both magazines. Her perseverance and dedication have been a source of inspiration as we strive to continue educating our readership within their respective industries.
In the early 1990s both of these fields were predominantly male dominated. My mother often recounted how some men were initially hesitant to acknowledge her and her sister as industry leaders. I remember one particular story about a gentleman—a true Southern boy from Alabama—who remarked to his peers: “These women are here to help us get the word out about our products and services. You need to let these ladies in.” His words were a simple acknowledgment that it was time for women to play a more prominent role in the pressure washing industry.
I vividly recall the long hours and weekends she and her sister devoted to building a magazine that would benefit both readers and advertisers. Despite facing numerous challenges, my mother’s determination and perseverance earned her the respect of many within the industry. I consider her a trailblazer who paved the way for other women to succeed in roles that were traditionally held by men—roles that often carried more “prestigious” titles—while women were often relegated to positions like receptionist or secretary. A lot has changed since 1990.
Fast forward to 2024, and we now see many successful women holding the same positions and titles as men. This issue of the Florida Community Association Journal celebrates just a few of the women who have made significant contributions to the community association industry. From attorneys and business owners to community association managers (CAMs), women are now leading the field.
This is always one of my favorite issues as it provides an opportunity to showcase just a few of the remarkable women shaping the community association industry in Florida. I hope you enjoy this issue, and I look forward to what 2025 has in store. Thank you to our readers, and we wish everyone making important decisions for their community associations a Happy Thanksgiving!
Publisher
Publishers Richard Johns Dana Johns
Editor Michael Hamline
Art Director Nick Walker
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FCAP Coordinator Dana Johns Phone: (800) 443-3433
Email: djohns@fcapgroup.com
Florida Community Association Journal is published monthly by True Source Publishing LLC 1000 Nix Road
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Website: FCAPgroup.com
Copyrighted by Florida Community Association Journal. Reproductions of any part of this publication without written permission of the publisher are prohibited.
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The publisher and editor(s) of this magazine do not accept responsibility for the content of any advertisement, including statements made by advertisers herein, or for the opinions expressed by authors of by-lined articles. The publisher and editor(s) also reserve the right to reject any ad or article for objectionable content in verbiage or images. The intent of this publication is to provide general information only and is not intended to provide specific advice or recommendations. Appropriate legal, financial, or engineering advice or other expert assistance should always be sought from professionals.
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Editor’s Note: Welcome to FLCAJ’s ninth annual “Women Making a Difference” feature. The women represented in these pages have made an impact on the community association industry in Florida, and they have each made a difference in their respective fields. They are deserving of our congratulations and recognition.
Cindi Bass-Bell
Business Development Director
Florida Southern Roofing 6653 19th Street East Sarasota, FL 34243
941-954-8811
cindibass@floridasouthern.com www.FloridaRoofing.com
Cindi began her community association career with Florida Southern Roofing in 1999. From 2008 to 2013, Cindi joined the CAIWFL chapter’s team as their membership director. In 2015 she then returned to Florida Southern Roofing as their business development director.
Cindi currently serves on the board of directors of CAI West
Florida chapter while serving as liaison to the business partner committee and serving on the ambassador and registration committees. She is a member of CAI Suncoast chapter and a member of CAI South Gulf Coast chapter. She strongly believes that educating community associations will make their association a better place to live. Cindi is a member of the Johns Hopkins All Children’s Foundation Guild and spearheads the Florida Southern Roofing Roofs for Heroes projects.
Betsy Barbieux, CAM, CFCAM, CMCA
Owner
Florida CAM Schools LLC
2501 West Main Street #110 Leesburg, FL 34748
352-326-8365
betsy@floridacamschools.com www.floridacamschools.com
Betsy Barbieux has been a leading expert in condominium, cooperative, and HOA management since 1998. She has trained and consulted countless managers,
staff, and board members, contributing significantly to the industry.
Betsy is a renowned columnist for the Journal and served on the Regulatory Council for Community Association Managers, appointed by Governor Rick Scott in 2013. Her expertise is also sought as an expert witness.
To share her knowledge with a wider audience, Betsy hosts CAM Matters, a monthly YouTube show and podcast. This platform provides valuable insights into industry trends and features interviews with other experts.
Betsy is uniquely qualified as a certified advanced behavior specialist, image consultant, speaker, and author. Her combination of skills sets her apart as a leading authority in Florida community association management.
Jane F. Bolin, Esq. Partner
PeytonBolin, PL Offices in Fort Lauderdale, West Palm Beach, Orlando, and Tampa 877-739-8662 jane@peytonbolin.com peytonbolin.com
Jane is a partner and the visionary behind the PeytonBolin law firm. Prior to her legal career, Jane was a community association manager and founded
a management company. This unique perspective is why PeytonBolin always supports clients in mastering the business of their association. In today’s volatile world Jane focuses on conflict resolution and shifting the context from powerplays to servant leadership so that everyone can win. As the former mayor of Oakland Park, FL, Jane knows firsthand how to lead and continues to share her knowledge in the community association world.
Kathy Melikian Bramhall, CMCA, AMS
Executive Vice President of Sales & Retention
Condominium Associates (CA) Locations in St. Pete/Clearwater, Tampa, Lutz, Sarasota, and Ft. Myers/Naples
866-259-3983
kbramhall@condominiumassoci ates.com
www.condominiumassociates. com
I am originally from Indiana and started working in the association management industry over 30 years ago. In 2002 I moved to Florida and began working for CA. My background is in management, budgeting, contract negotiations, teaching, sales, and client retention. In my current position overseeing sales and transitions, I draft and negotiate all the management
agreements for our company. I love to teach and mentor internal staff and external clients, which includes hosting several webinars throughout the year covering everything from board certifications and legislative updates to insurance and reserves. In this current climate I find myself rethinking how we do business, focusing on cutting-edge technology to better serve our clients and save them money. I am customer-service driven, offering boutique services which I tailor to fit each client; this is what sets us apart from our competitors. I am an animal advocate and art enthusiast and enjoy public speaking.
Suzel
Broe
Chief Financial Officer—Financial Services
KW PROPERTY MANAGEMENT & CONSULTING
8200 NW 33 St., Suite 300
Miami, FL 33122
305-476-9188
sbroe@kwpmc.com www.kwpmc.com
Suzel Broe is chief financial officer— financial services at KW PROPERTY MANAGEMENT & CONSULTING, one of Florida’s largest residential property management companies, with over 2,650 employees and 100,000 units under management. A certified public accountant, Broe leverages 20-plus years of accounting experience for the benefit of KWPMC’s community association clients.
Broe’s passion for tackling complex problems is the driving force behind her distinguished career. This passion gave her an understanding of how accounting, data, systems, and IT work together to run a business. She’s also become closer to the operational side through her extensive accounting and data background. Broe’s ability to navigate intricate business operations and data-driven insights allow her to consistently deliver excellence, making her an essential part of KWPMC’s success.
CELEBRATING
Stefanie Nicholson, CMCA, AMS
Regional Vice President of Association Management - Central Florida HomeRiver Group
Stefanie Nicholson is the regional vice president for the Central Florida Region of HomeRiver Group, bringing nearly 20 years of experience in community association management. Known for her strategic thinking and strong communication skills, Stefanie excels at creating inclusive, collaborative work environments. She holds prestigious designations from the Community Associations Institute (CAI), including the Association Management Specialist (AMS) and Certified Manager of Community Associations (CMCA), and is currently pursuing her Professional Community Association Manager (PCAM) designation.
Stefanie is an active member of the CAI Central Florida Chapter, where she is serving her second year on the board of directors as its vice president, driven by her passion for promoting education and encouraging greater community involvement. Stefanie also serves on the advisory board for CAM University, a trusted source for quality education in association management led by industry professionals and supported by experienced business partners.
As regional vice president at HomeRiver Group, she has driven significant revenue growth and, during her time as regional director, she built an award-winning team. A dedicated mentor, she has developed numerous leaders throughout her career while championing diversity and inclusion, ensuring all voices are heard and valued.
Beyond her professional life, Stefanie holds a bachelor of science degree from Florida Southern College. In her free time, she enjoys scuba diving and spending cherished moments with her daughter, a student at the University of Central Florida (UCF), who shares her enthusiasm for diving. Stefanie’s leadership skills and commitment to empowering others continue to make a lasting impact in her industry and community.
Mary Chu
Senior Marketing Campaigns Specialist Yardi Systems
San Marcos, CA
Mary.Chu@yardi.com
www.yardibreeze.com
I call myself a tech evangelist. I love showcasing the impact technology has on small- and medium-sized real estate businesses and the communities they operate in. The most satisfying part of my job has been connecting hundreds of small real estate businesses with our affordable, gamechanging technology. Right now, I’m excited that we’re establishing a new customer feedback program that will enable us to deliver impactful tech even faster.
If this sounds like a lot, it is! It’s a skill to chill. I work hard but take time to step away, re-center, and enjoy what I do.
Lisa Elkan, EBP®
Vice President, South Florida Region Alliance Association Bank
561-212-2091 or 888-734-4567
lelkan@allianceassociationbank.com allianceassociationbank.com
After graduating from Iowa State University with a B.B.A. in finance degree, Lisa Elkan moved to South Florida. She joined Alliance Association Bank (AAB) in 2013, and her philosophy is to be an advocate for her clients. “Work hard and be kind, and amazing things will happen”—This quote from comedian Conan O’Brien resonates with Lisa as she looks back on her 11 years working for AAB. She follows through with what she promises in order to meet each client’s expectations. Her position at AAB allows Lisa to establish strong relationships with her clients by listening to them and proposing options that best fit their association banking needs.
Suly Encalada
Director of Business Development
SOCOTEC
110 East Broward Boulevard, Suite 950 Fort Lauderdale, FL 33301
305-903-8447
suly.encalada@socotec.us www.Socotec.Us
Suly, the director of business development at SOCOTEC, is a standout leader in Florida’s property management industry. Known for her networking prowess and event-planning expertise, she plays a pivotal role at SOCOTEC, a leading engineering firm offering comprehensive services across the project life cycle. With a background as a property manager, Suly brings invaluable
insight into the complexities of large construction projects. She is dedicated to providing transparent, cost-effective solutions that ease the workload for boards and property managers. Her integrity, hands-on experience, and vast network make her a respected and trusted figure in South Florida’s property management community.
Diana Evans, LCAM
Vice President, Century Village Division
Seacrest Services
West Palm Beach, FL 33409
561-697-4990
devans@seacrestservices.com
Diana is originally from Indiana and began working for Seacrest Services in 1992, overseeing both Century Village Divisions in West Palm Beach and Deerfield Beach, FL. With over 32 years’ experience in community association management, Diana runs two of the largest fifty-five and over communities in South Florida. When combined, these two communities have over 437 associations and 11,168 units.
As vice president of the CV operations, Diana continues her efforts in team building, including coaching and developing her team to provide consistent high-quality service. She facilitates training on the job site as well as offers continuing education for each department.
Diana’s best advice is, “Be the example you want others to follow.” Before joining Seacrest, Diana served in the United States Army and was an instructor for Vincennes University’s Adult Basic Education Program.
Dania S. Fernandez
Miami Real Estate Attorney
Dania S. Fernandez & Associates P.A. Offices in Miami & Coral Gables
305-254-4492
dania@dsfpa.com www.daniafernandez.com
Dania S. Fernandez leads Dania S. Fernandez & Associates PA, located in Miami-Dade County. Bringing 24 years of legal experience, Dania is fervent about educating her clients to enhance their proficiency as board directors, ensuring they make informed, community-centric decisions. A former special education teacher, she’s adept at delivering bilingual seminars in Spanish and English, emphasizing transparent and comprehensive communication to bridge linguistic divides. Dania is married with three children and ardently seeks to contribute positively to those around her, holding a steadfast belief that her journey has led her to her true purpose, making impactful differences in her field. You can reach her at 305-254-4492 or dania@dsfpa.com.
Kerry Geib
Customer Onboarding Manager Envera Systems Sarasota, Florida 855-380-1274
EnveraSystems.com
Kerry Geib leads the team responsible for interacting and teaching customers about the new security systems provided by Envera at communities. “We bring Envera’s systems to life; we give the heartbeat through education, training, and
demonstrating the ease of use,” Geib says. Security software and technology are the services she is supporting. In all interactions, Geib always applies her favorite advice: feedback is a gift, always accept the gift. Outside of her career, she celebrates her 32- (and counting) year marriage to her husband, spends time with their two children and families, and always makes sure there’s time for baking to relax and share with others.
Diana Goetz, LCAM
Executive Vice President of Property Management
Condominium Associates (CA)
Locations in St. Pete/Clearwater, Tampa, Lutz, Sarasota, and Ft. Myers/Naples
866-259-3983
www.condominiumassociates.com
As an executive vice president with a wealth of experience and knowledge, Diana is a true professional in the field of association management. Originally hailing from California, Diana began her professional journey as the spouse of an Army officer. After raising two amazing sons and spending 20 years in the military, she embarked on a successful career in real estate before finding her calling in association management. Her teaching skills and ability to lead by example have made her an invaluable member of the team. Beyond her professional accomplishments, Diana enjoys spending time with her family, including her five grandchildren.
Alejandra Gonzales
Associate
Attorney
Ansbacher Law
8818 Goodbys Executive Drive Jacksonville, FL 32217
904-737-4600 ext. 125
Alejandra.Gonzales@ansbacher.net www.ansbacher.net
Alejandra Gonzales is an associate attorney with Ansbacher Law. She assists condominium and homeowner associations with general matters, including covenant enforcement and restrictions, legal opinions, and advice.
Protecting peace of mind and convenience during the holidays
Don’t let security concerns overshadow upcoming holiday celebrations; trust in security software and technology to protect your community and residents. Envera’s secure, expedited access for approved friends and family is key to a safe and smooth season. With a visitor management app and website that syncs with the gate security system, residents can easily authorize their friends and family before they arrive.
Alejandra earned her law degree from the University of Miami School of Law. Prior to law school, Ms. Gonzales was awarded her bachelor of arts, cum laude, in political science and Spanish from the University of Florida.
Debbie Goss
Software Support Specialist/Trainer TEKWave Solutions LLC
Alpharetta, GA info@tekwavesolutions.com www.tekwavesolutions.com
Debbie has spent over three years helping clients with software support and training. With 19 years in travel agency accounting and 18 years in finance and property management, her organizational skills and passion for teaching shine in every project. Debbie finds satisfaction in empowering others and working with technology. Outside work, she enjoys her animals, the outdoors, and supporting her favorite hockey team. One of her proudest accomplishments is buying her 40-acre dream property, complete with a spacious barn and a tranquil creek that winds through the landscape, totally debt-free! What is her next big project? Retirement! Debbie is known for her dependability, honesty, and unwavering, positive attitude.
Martha Guerra-Kattou
Executive Vice President, Director of Sales & Marketing
U.S. Century Bank
Corporate Headquarters, Doral, Florida
305-715-5200 www.uscenturybank.com
Martha Guerra-Kattou is EVP, sales and marketing director for U.S. Century Bank, one of South Florida’s largest, fastest-growing community banks. With 35 years of banking experience spanning operations,
• HOMEOWNERS
• CONDO ASSOCIATIONS
• HOA ASSOCIATIONS
• TOWNHOMES
• SHOPPING CENTERS
• COMMERCIAL PROPERTY OWNERS
• PROPERTY MANAGERS
personal and business banking, and marketing, she is as passionate today about helping customers and colleagues reach their full potential as on day one.
Martha attributes many of her accomplishments—personal and professional—to having strong mentors that challenge her to continue growing and stay focused on balancing work and family. She takes every opportunity to share this advice and her knowledge by mentoring younger bankers. She is also proud to serve on the board of directors of the SebastianStrong Foundation, dedicated to fighting pediatric cancer.
Diane Hanke
Human Resources Director
Campbell Property Management 1215 East Hillsboro Boulevard Deerfield Beach, FL 33441
954-427-8770
dhanke@campbellproperty.com
www.campbellpropertymanagement.com
Diane has been the human resources director at Campbell Property Management since 2013. During her 11-year tenure, she has seen the company’s extensive growth from 400 employees to over 1,000 employees today. Diane prides herself on matching property managers with right-fit communities to create a rewarding work environment.
A graduate of Florida Atlantic University, her career started in retail as an HR manager. Diane would later become the VP of human resources at Hollywood Federal Savings and Loan before taking time off to raise her two sons. In 2013 she jumped back into action at Campbell taking a hands-on approach to recruiting, vetting, and selecting the right property managers and employees for the 450-plus community associations Campbell manages.
In her free time Diane enjoys golfing, fishing, and spending time with her family.
Dana Harden, LCAM, PCAM
Regional General Manager/District Manager
Vesta District Services
250 International Parkway #208 Lake Mary, FL 32746
321-263-0132
www.VestaDistrictServices.com
Dana is a mother of four and a USAR (Army Reserve) veteran who has been with Vesta for five years. Her diverse portfolio includes serving as RGM for Vesta Amenities and district manager for Vesta District Services serving community development districts (CDD’s).
She earned her PCAM designation in 2023 and was awarded the NEFL CAM of the Year. In addition to continuing to manage a small
HOA/COA portfolio, she assisted Vesta in becoming a course provider for the DBPR to help CAMs earn CEUs. Her motto is, “A good leader looks for potential in others and helps them develop that potential. It’s all about encouragement.”
Kerstin Henze, Esq. Firm Member
Kaye Bender Rembaum 1211 N. Westshore Boulevard, Suite 409
Tampa, FL 33607
800-974-0680
KHenze@KBRLegal.com www.KBRLegal.com
Kerstin Henze is a firm member and managing attorney of Kaye Bender Rembuam’s Tampa, Florida, office. As general counsel to community associations, Ms. Henze assists board members with their day-to-day operations, including, without limitation, budgets/reserves, corporate governance, drafting and amending governing documents, revising and negotiating contracts (including complex, multi-million-dollar construction contracts), enforcement of association covenants, management issues, and other association-related matters. Ms. Henze is a frequent lecturer on community association law and leads seminars on an array of topics of interest to boards and CAMs.
Star Herbig, CRM, CIC, CRCMP, CASP, BSF
President Florida Community Association Insurance
813 E. A1A
New Smyrna Beach, FL 32169
407-920-1116
star@callFCA.com www.callfca.com
Star’s entire professional career has been dedicated to the insurance field. With a bachelor of science degree in business finance and a lifetime in the insurance arena, Star is recognized as a highly ethical professional with unmatched experience and skill at customizing insurance plans for inland and coastal associations. Her concentration on insuring associations has made her an expert in the complexities
of insuring condominium and homeowner associations. She has earned the prestigious Certified Risk Manager (CRM) and (CIC) Certified Insurance Councilor designations, which few obtain. In addition, she has earned the professional certification of Community Association Service Provider (CASP) and is a state-certified community association manager (CAM) continuing education trainer. Star loves educating boards, property managers, and residents and helping them understand their insurance needs and solve the “Who Covers What” puzzle.
Julie A. Jaram, MBA
Partner since 2006
Devin & Associates Inc.
Certified Public Accounting Firm
St. Petersburg, FL 727-290-2578
jjaram@devinandco.com www.devinandco.com
I have worked with community associations in some capacity for over 20 years. I truly enjoy building relationships with my clients and navigating the industry challenges, which is what has kept me coming back year after year. There have been many changes the past two decades as technology, laws, and knowledge have evolved. In an effort to give back, I’ve served on the board of directors for various chapters of CAI (Community Associations Institute) throughout my career. In my personal time I enjoy traveling internationally and domestically to explore new places and take in new experiences. I have an adventuresome side, which often comes as a surprise to others!
Pratiksha (Pattie) Jay
Office Manager
J.R. Frazer Inc.
125 S. State Road 7, Suite 104-197 Wellington, FL 33414
561-488-3012
pattie@jrfrazer.com www.jrfrazer.com
Pratiksha (Pattie) Jay is the office manager for J.R. Frazer Inc., a company specializing in SIRS and reserve studies proposals for HOAs and condominiums. She dedicates 50–60 hours a week to her role, aiming to expand the business, streamline operations, and implement automation for greater efficiency. After immigrating from India in 1992 with only basic English skills, including “hello” and “thank you,” Pratiksha has since mastered the language and built a diverse career. Her experience includes working for Disney, processing mortgage loan files, succeeding as a real estate professional, and managing two laundromat businesses. Pratiksha is an inspiration to her company and her family.
Aixanne Jimenez
District Manager
Kent Services
786-239-1101
ajimenez@kentservices.com www.kentservices.com
Aixanne Jimenez began her career in property management around 2007 before joining the Kent Services team in 2014. With a strong commitment to her team and organization, she strives to deliver exceptional service to her clients. Aixanne attributes her motivation to her father, who has been her greatest influence and role model. Outside of work she enjoys spending quality time with family and friends as well as engaging in outdoor activities. Her dedication and passion for her profession, combined with her appreciation for customer service and community, make her a valued asset in her field.
Linda Johnson Owner
LJ Services Group
12000 Biscayne Blvd #406
Miami, FL 33181
305-864-2790
ljohnson@ljservicesgroup.com www.ljservicesgroup.com
Linda started the company over 20 years ago as an advocate for the community association management industry. With 20 years of management experience, she improves properties and streamlines operations for efficiency. Linda is hardworking and
resourceful, with a friendly and professional demeanor. She is a skilled community manager with a deep understanding of residents’ preferences and business operations requirements and has a successful history of meeting occupancy and payment goals while improving community satisfaction.
Linda is knowledgeable about payment collections, maintenance, and documentation. Linda is a hands-on community manager known for excellent public relations and marketing coordination; she is a highly trained professional with a passion for working with and for people. She also holds an MBA and has experience with project management, including a project that exceeded two million dollars. Linda was awarded the 2021 Property Manager of the Year by CAI-SEFL and is honored to serve as chapter president in 2023.
Manjola “Lola” Kavaric Executive Vice President of Finance
Condominium Associates (CA) & Precedent Hospitality (PH)
Locations in St. Pete/Clearwater, Tampa, Lutz, Sarasota, and Ft. Myers/Naples
866-259-3983
condominiumassociates.com
Lola is a financial management professional with 33 years of experience and is an integral part of CA and PH, responsible for overseeing all financial aspects company-wide. Lola’s areas of
Continued on page 26
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“By failing to prepare, you are preparing to fail.” — Benjamin Franklin
“By failing to prepare, you are preparing to fail.” — Benjamin Franklin
Continued from page 23
expertise include financial analysis, profit improvement, project management, auditing, training, acquisitions, and strategic planning. Lola holds a double bachelor’s degree in finance and BA and double master’s degrees and is also a certified fraud examiner (CFE). She has been elected to the board of directors of the Tampa Bay Chapter of ACFE (Association Certified Fraud Examiners), serving a three-year term. She has been certified from FL State department teaching CAMs and board members about preventing fraud in condominium/HOA and budget preparation. Her diverse background includes industries ranging from banking to non-profit to insurance and real estate/HOA management fields.
Marcy Kravit Director of Community Association Relations
Hotwire Communications
FCAP Education Program Director
Marcy.kravit@hotwiremail.com
Marcy Kravit has dedicated nearly 25 years to South Florida’s community association industry, earning every higher education credential available through the Community Associations Institute (CAI). Marcy is recognized by the Florida Community Association Professionals (FCAP) as a certified Florida community association manager (CFCAM) and has become
a certified scrum master. Since 2004 Marcy has been a contributing writer for the Florida Community Association Journal, where she authored the series “The CAM Employment Process.” She currently serves as the education program director for FCAP and is an adjunct professor at Palm Beach State College, where she teaches the CAM course.
Marcy’s passion, drive, and dedication have been recognized with multiple accolades, including the 2014 National On-Site Manager of the Year, and she was honored as the 2021–2022 Mentor of the Year by Women Empowering Women. She is also the author of Common Sense Community Management: A Guide from a Florida Condo/HOA Manager, Board Member, and Business Partner, which is available on Amazon.
30 years of Community
Fearless WOMEN MAKING A DIFFERENCE
Becker celebrates the women attorneys who comprise our robust Community Association practice. Our team provides the entire spectrum of legal services needed by condominium, cooperative, timeshare, and homeowners associations throughout Florida. Contact us today to see how we can help your association achieve its goals.
Casey Amaya Miami
Donna DiMaggio Berger Ft. Lauderdale
Kathleen “Katie” O. Berkey Ft. Myers | Naples | Sarasota
Jennifer L. Biletnikoff Naples
Rosa M. de la Camara Miami
Jamie B. Dokovna West Palm Beach
Lilliana M. Farinas-Sabogal Miami
Allison L. Hertz West Palm Beach
Michelle H. Kaiser Naples
Carolyn C. Meadows Tampa
Elizabeth A. Lanham-Patrie Orlando
Marty Platts West Palm Beach
Florence King Orlando
Mary R. Hawk Bradenton | Sarasota
Jane L. Cornett Stuart
Yeline Goin Orlando
Karyan San Martano Ft. Lauderdale
K. Joy Mattingly Ft. Lauderdale
Robyn Severs Orlando
Bryony G. Swift Bradenton | Sarasota
Lindsey Thurswell Lehr
Shareholder
Siegfried Rivera
Offices in Miami-Dade, Broward, and Palm Beach Counties
800-737-1390
www.SiegfriedRivera.com
www.SiegfriedRivera.com/blog
Lindsey Thurswell Lehr is a shareholder with the South Florida law firm of Siegfried Rivera who focuses on community association and construction law from the firm’s Coral Gables and Palm Beach offices.
Lehr is one of the firm’s regular contributors for its “Real Estate Counselor” column, which appears every two weeks in the Miami Herald, as well as for its Newsroom blog. The blog serves as one of the state’s leading resources on association matters, thanks in part to her insights and contributions. She has also played an integral role in developing and shaping the firm’s community association practice into one of the largest in Florida. In addition, Ms. Lehr secured one of the largest construction defect jury verdicts ($40.6M) in Florida.
Lehr received her bachelor’s degree in economics from the University of Michigan in 2007 and her juris doctorate from the University of Miami School of Law in 2010.
Gina
Lissia
Systems Engineer
Hands Free Security 6063 Janes Lane Naples, FL 34109 239-351-2871
info@handsfreellc.com www.handsfreellc.com
Gina Lissia is a highly skilled systems engineer at Hands Free Security LLC, where she leverages her extensive background in both sales and marketing to enhance her technical expertise. Over the past three years, she has focused on collaborating closely with community association managers (CAMs), helping them identify and implement innovative access control and surveillance solutions. Gina’s passion for integrating cutting-edge technology with security has driven her to create safer, more efficient communities. Her dedication to delivering customized, high-quality solutions tailored to the specific needs of each client makes her a trusted and valued partner in the industry.
Maria Lizarraburu Executive Assistant
The ERRO Group 786-767-2111
marliz@theerrogroup.com www.theerrogroup.com
As an executive assistant at The ERRO Group, I enjoy contributing to the financial management of various communities. With over 15 years in customer service, I appreciate the opportunity to support both residents and my colleagues in ensuring smooth operations. My role involves assisting with the preparation of financial reports and supporting new community onboarding, ensuring a seamless transition for our new clients. The diversity of tasks and the collaborative atmosphere make each day rewarding. It’s gratifying to know that my efforts contribute to the financial health and overall wellbeing of the communities we serve.
Reini Marsh Chapter Executive Director
Community Associations Institute, Central Florida Chapter PO Box 941125 Maitland, FL 32794
exdir@caicf.org www.caicf.org 407-913-3777
Reini began her career in the community association industry in 2015 after relocating back to her home in Orlando. She was selected to be the first full-time employee of the chapter due to her
extensive experience in hosting group events of all types. What she loves the most about her position is “my members, of course! Many have become great friends. They support me, and I support them. Many times I pray for them when they are going through a tough life event.” Under her leadership the chapter has grown significantly and has been able to add new events so that the members have plenty of opportunities to network and grow their businesses. The chapter supports several charities through various programs backed by the chapter and their members, including the House of Hope Orlando, saving families and their kids.
Jackie Guerry Maybeck
Vice President of Sales & Marketing
Comcast Florida 1100 Northpoint Parkway West Palm Beach, FL 33407 florida.comcast.com/
Jackie Guerry Maybeck serves Comcast Florida as vice president of sales & marketing. Maybeck’s team leads growth, go-to-market sales, and marketing strategies throughout the region, focusing on network expansions that will bring fast, reliable internet to new and underserved areas of Florida and parts of Alabama and Georgia. Maybeck oversees the Florida region’s direct sales department, marketing event team, Xfinity retail stores, and the Xfinity Communities account representatives that serve and support customers living in our Florida communities. Jackie has
been with Comcast since 2013, serving in sales and marketing leadership positions in regions across the country.
Erica Maynor
Vice President of Client Services
HomeRiver Group Tampa, FL 813-600-5090 www.homeriver.com
Erica Maynor is the vice president of client services at HomeRiver Group in Tampa, FL,
bringing a wealth of experience in human resources and office management. Known for her expertise in client relations, talent acquisition, and forecasting organizational needs, Erica excels at hiring top-tier professionals and anticipating the future demands of the industry. Her ability to create innovative solutions ensures consistently outstanding service for clients. Combining people-oriented service with heart-centered leadership, Erica’s approach sets her apart as a standout leader.
A strong believer in promoting growth within her staff, Erica encourages and mentors those working under her to advance into roles in accounting and to become licensed community association managers.
Outside of her professional achievements, Erica has been married for 22 years, is the proud mother of one daughter, and is an avid hunter.
Wendy Murray, CAM, CMCA
Executive Vice President of Business Development—Southwest Region
Precedent Hospitality and Property Management
Locations in Ft. Myers/Naples, St. Pete/ Clearwater, Tampa, Lutz, and Sarasota 239-989-7600
wmurray@precedentmgt.com www.precedentmgt.com
Wendy Murray has been in the HOA industry since 1997 and has served as president of her HOA board of directors for more than a decade. Before coming to Precedent Hospitality and Condominium Associates, where she has been for five years, she served as an executive for two national management companies. Wendy is a FL-licensed community association manager and holds the Certified Manager of Community Associations, CMCA, designation. She has overseen community management firms throughout the southeastern region of the US. Currently she is executive vice president of Precedent Hospitality and Property Management and leads business development, education, sales, and retention.
Darlene Oliver
National Customer Service Manager
HQ in Brunswick, ME, with local thermographers supporting all of Florida o. 800-221-0163 and m. 720-938-5616
doliver@monroeinfrared.com www.monroeinfrared.com
Darlene Oliver: Leading the Way in Infrared Inspection
Darlene Oliver has become a key figure in the infrared inspection and property management industries through her tenure at Monroe Infrared. Her commitment to business growth and client satisfaction has expanded Monroe Infrared’s Florida presence, building lasting client relationships and delivering exceptional service. With a focus on safety and compliance, Darlene ensures clients benefit from cost-effective, long-term solutions. Her ability to bridge
advanced technology with customer needs continues to make her a standout professional in the industry.
Joanna Ribner President/Owner
Southern
Chute
Fort Lauderdale, FL joanna@southernchute.com 954-475-9191 ext. 103 www.southernchute.com
My career started in catering with hotels and country clubs. When the weekends and late nights wore me down, I jumped at the chance to try something new! At Southern Chute, I love dealing with our employees, getting to know their families and their lives. Outside of work I volunteer with Dachshund Rescue South Florida, planning fundraisers and helping to save more than 200 dogs annually. One of the people who influenced me most in my working life was a general manager (GM) at Embassy Suites. He taught me how to say, “no,” so that the customer felt like they had won the negotiation!
THANKS FOR LEADING WITH GRACE AND RESILIENCE.
Ana Sanchez Rivero President and Business Development Coordinator
Allied Property Group
12350 SW 132 Court, Suite 114
Miami, FL 33186
305-232-1579
arivero@alliedpropertygroup.net
www.alliedpropertygroup.net
Ana Sanchez Rivero has been managing communities for more than 30 years. Her experience and knowledge in this field make her one of the most well-informed individuals in property management. She hosts the podcast Community Association Matters , dedicated to educating association board members with the latest information in property management.
She is also a licensed real estate broker and has received the Certified Property Manager (CPM) designation from IREM (International Real Estate Management); less than 9,000 people hold this designation worldwide. As president of Allied Property Group, she currently supervises more than 100 employees and more than 130 associations throughout South Florida. Ana is a mom to two wonderful children and is an avid reader. She is constantly growing as an individual and professional.
Michelle Rowe Partner
The Law Offices of Lobeck & Rowe 941-955-5622 lobeckhanson.flywheelsites.com
Michelle Rowe recently rose to named partner in The Law Offices of Lobeck & Rowe, after 17 years with the Sarasota firm, excelling in condominium and homeowners’ association law (as well as other fields). She is an honors program graduate of Stetson Law, where she studied while clerking for a firm and
Travis
interning with federal Judge Elizabeth Kovachevich. Prior to law school, Michelle was a certified paralegal and marketing manager. She earned her BA as a top student and award-winner at Marist College, in programs for paralegals and (now benefitting her practice for condominium associations and HOA’s) integrative psychology. Admitted in state and federal courts, Michelle enjoys spending time with her husband, two children, and dogs.
Gina Serrano
Regional Vice President of Association
Management—Southwest Florida HomeRiver Group 941-487-1538 www.homeriver.com
Gina Serrano is the regional vice president of Southwest Florida with HomeRiver Group, bringing over a decade of experience as a licensed real estate broker and licensed community association manager (LCAM). Gina leads the Southwest Florida office, where she has been praised for her collaborative approach and ability to build strong relationships. She treats every board member and homeowner as family, fostering deep, lasting connections that contribute to her success. Her hands-on leadership style has earned her the respect of homeowners, boards, and clients alike as well as the admiration of her team, who operate as a strong, well-oiled machine while having fun!
Outside of work, she has been married for 10 years and is the proud mother of
one son. She enjoys spending time golfing with her family and soaking up the Florida sunshine.
Traci Smith
SVP, Director of Treasury Sales and Strategic Partnerships
Cogent Bank 420 S. Orange Avenue, Suite 150 Orlando, FL 32801 tsmith@cogentbank.net cogentbank.com/
Traci Smith has been integral to Cogent Bank’s team for more than
six years and currently serves as senior vice president, director of treasury sales and strategic partnerships.
Traci plays a crucial role in Cogent Bank’s association banking division, providing integrated banking services tailored for property management companies. Her efforts offer top-notch services to homeowners and condominium associations, enhancing community satisfaction and operational efficiency.
Beyond Cogent Bank Traci invests her time and talent to help shape the female leaders of tomorrow through her work with ATHENA NextGen, a nonprofit Traci cofounded, promoting women’s business initiatives and leadership skills.
Katy Stafford
EVP of Strategic Initiatives & Chief of Staff
Blue Stream Fiber
South Florida
Kstafford@BlueStreamFiber.com www.bluestreamfiber.com/bulk
With 30 years of telecommunications experience, Katy brings a wealth of knowledge to Blue Stream Fiber. Throughout her time with the company, Katy has led the product, consumer sales, and account management teams while working closely with executives to drive strategies for growth and operational efficiencies. What Katy loves most about her current role is collaborating with a passionate team focused on connecting customers to what matters most to them through innovative technology and services.
Shannon Stephan
Senior Director of Emerging Markets—Account and Revenue Management
Hotwire Communications
Shannon.stephan@hotwiremail.com
Providing national leadership throughout Hotwire Communications’ emerging markets is a key aspect of Shannon Stephan’s professional journey, where fostering strong client relationships and driving new business form the foundation of her approach. Her team’s commitment to excellence has led to significant renewal sales and market penetration, demonstrating a deep understanding of customer needs and expectations.
As senior director, Shannon has focused on mentoring, problemsolving, and managing strategic partnerships, overseeing operations across more than 200 properties. Throughout her career Shannon has refined her skills in account and revenue management, contributing to her continued growth and success in the telecommunications industry.
Tree Tietsort
President & Owner
LCM Engineering PLLC 5294 Summerlin Commons Way, Suite 1201
Fort Myers, FL 33907
239-590-0263
Tree@LCM.com www.LCM.com
LCM has been providing consulting engineering services to Southwest Florida for many years. Projects range from multilevel, multi-building condominiums and commercial and residential structures to churches, schools, marinas, and hotels. LCM has grown stronger and increased our services to include milestone surveys and private provider services. LCM continues to dispense structural engineering services for new construction, inspections, drawings, specifications, condition surveys, master plans, evaluations, repair, and renovation services. LCM has extensive experience analyzing stormdamaged buildings and their components. LCM formulates safe, code-compliant repairs in a time-sensitive manner and takes pride in its personal client service, integrity, commitment to excellence, quality, and successful completion of every project. A huge “thank you” to the loyal clients that have supported LCM through the changes. As president, Tree runs
CURRENT COMMUNITY
ASSOCIATION CLIENTS $300M+
RECOVERED IN CONSTRUCTION DISPUTES SINCE 2018
COMMUNITY ASSOCIATION LAW SERVICES:
Covenant enforcement
Covenant amendments
Contract review/negotiation
Collection of assessments
Meeting package preparation
Attendance at meetings
OF SERVICE
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
5 board certified attorneys in construction law
Recognized by Chambers & Partners, Super Lawyers, Best Lawyers
*Information for results/recognitions referenced can be provided upon request
a successful business with an excellent team. Tree and the staff are active in the surrounding communities and are members of several organizations, including the Above Board Chamber, Fort Myers Beach Chamber of Commerce, FGCU Concrete Expo, My Autism Connection, ICRI, and CAI, to name just a few.
Stacy Titleman, LCAM, CMCA®
Executive Vice President of RealManage’s GrandManors division
RealManage
855-947-2636 www.grandmanors.com
Stacy Titleman leads a national team that provides premier on-site management services for RealManage LLC. Since she took the helm less than five years ago, GrandManors has tripled revenue to $35M with over 400 employees, serving over 50 communities and 76,000 homes in seven states. With over 25 years of experience, Stacy excels in driving strategic growth, optimizing operations, and building customer loyalty. She is especially known for her expertise in empowering talent and team building and has a proven track record of fueling revenue growth and enhancing business performance. Her professional and results-driven
approach defines her leadership style. “I’m a mission-driven executive focused on achieving results, understanding that success depends on the teams we build and our ability to effectively support them in delivering excellent service and a stellar experience to our communities,” she said, reflecting her commitment to excellence.
Lauren Waite, CMCA, AMS
Director of CAM Development
Leland Management
6972 Lake Gloria Boulevard Orlando, FL 32809
407-982-3119
Lwaite@lelandmanagement.com www.LelandManagement.com
Lauren started her career in community management in 2010 and has learned the industry from the ground up. She joined the Leland team in 2013 and was promoted to director of CAM development in 2021. Realizing the impact that education and training have for both employees and clients, she wanted to focus on that in her position. Company systems, processes, and expectations are reviewed in training sessions Lauren holds for each new manager. She arranges monthly continuing education for all managers, keeping them updated on legislative changes, new technology and best practices. Lauren also coordinates Leland’s state-certified education courses for clients to promote transparency and confidence within our industry. n
AT THE HEART OF OUR INDUSTRY'S SUCCESS STORY ARE LEADERS LIKE YOU, WHOSE UNWAVERING COMMITMENT TO EXCELLENCE HAS SET NEW BENCHMARKS.
How Milestone Inspections and SIRS Are Changing Board Operations
BY EMMA HARRAH
f you live in a condominium or a homeowners’ association, you may have heard about milestone inspections and structural integrity reserve studies (SIRS) and wondered how they affect your board of directors. These regulations are all about keeping buildings safe, but they come with their own set of challenges for boards. Let us break down what’s going on, especially in terms of how boards are talking to residents and handling the costs that come with these new rules.
Photo by iStockphoto.com/Nuthawut Somsuk
WHAT ARE MILESTONE INSPECTIONS AND SIRS?
First things first; let’s clarify what we’re dealing with here. Milestone inspections are like check-ups for your building. They happen at set intervals, usually every 40 or 50 years, depending on where you live. Inspectors closely examine crucial parts of the building, like the foundation and roof, to ensure everything is still in good shape. Currently singlefamily, two-family, and threefamily dwellings are exempt from the milestone inspection requirement.
SIRS, on the other hand, are more in-depth. They are detailed studies that assess the condition of your building’s infrastructure and help boards plan for future repairs. It’s all about making sure there’s enough money set aside for upkeep and avoiding any unexpected issues down the road. The SIRS
EMMA HARRAH, MARKETING COORDINATOR, VESTA PROPERTY SERVICES
Emma Harrah plays a pivotal role in both online and traditional marketing efforts at Vesta while also offering indispensable support to the company’s Business Development Department. Her contributions span various strategic and operational functions, ensuring the seamless execution of marketing initiatives across diverse platforms.
In her previous position within Vesta’s Amenity Management Division, Ms. Harrah demonstrated exceptional versatility, excelling in roles that included event planning, social media management, and newsletter development. Her hands-on experience in these areas allowed her to hone her creative and organizational skills, making her an invaluable asset in driving engagement and brand visibility.
For more information email eharrah@vestapropertyservices.com, call 877-9883782, or visit VestaPropertyServices.com.
report applies to condominiums and cooperatives. Owners must be notified within 45 days of the SIRS’ completion that it is available for their inspection. In addition, the DBPR must be notified within 45 days of completion.
Lea Stokes, LCAM and senior vice president for Vesta Property Services, deals with these situations often. When asked about her opinion of milestone inspections and SIRS, she states, “These statutory changes and requirements have made an unanticipated financial impact on many associations. These reports are over and above reserve studies that have been done in the past and in many cases are not in the budget. This can create a budgetary deficit or
the need for a special assessment. In addition to the expense of the inspections and the structural integrity reports, the associations will need to adjust their reserve funding accordingly. The financial fallout remains to be seen.”
HOW ARE BOARDS COMMUNICATING WITH RESIDENTS?
With all this new responsibility, boards are stepping up their communication game. The following ways are how they’re making sure everyone’s on the same page:
Clear and Open Communication—
Boards are making a big effort to be transparent. They are holding informational meetings and workshops to explain why these inspections and studies are so important. They’re not just throwing around technical language; they’re breaking things down so that everyone understands what’s happening and why.
Frequent Updates—
These inspections and studies can take time, so boards are keeping residents in the loop with regular updates. Whether it’s through newsletters, emails, or community meetings, they’re sharing progress reports and answering any questions that come up. This helps keep everyone informed and reduces any confusion or anxiety.
Detailed Reports—
When inspections reveal needed repairs, boards aren’t just sending out vague notices. They provide detailed reports that outline what needs fixing, why it’s necessary, and how much it’s going to cost. This helps residents understand the scope of the work and the financial implications.
Encouraging Feedback—Boards are also setting up ways for residents to give their input. This might be through surveys or community forums where people can share their concerns and preferences about repairs and costs. It’s all about making sure everyone feels heard and involved.
TACKLING INCREASED COSTS
Managing the financial side of these inspections and studies is a big task. The following steps are how boards are handling the extra costs:
Smart Budget Planning—Boards are adjusting their budgets to align with what’s recommended in the SIRS. They’re making sure there’s enough money set aside for future repairs, which helps avoid sudden financial hits and keeps things manageable.
Special Assessments and Financing—Sometimes the costs are too high to be covered just by the reserve fund, so boards might need to implement special assessments. This is a one-time fee residents pay to cover urgent repairs. Boards are also looking into loans or lines of credit to spread out the cost over time, making it easier on everyone’s wallet.
Cost-Benefit Analysis—Before jumping into repairs, boards are doing their homework. They’re weighing the costs and benefits of different options to make sure they’re spending money wisely. This way they’re prioritizing repairs that are most needed and getting the best value for their expenditures.
Competitive Bidding—To keep costs in check, boards are getting bids from multiple contractors. This competitive process helps ensure they get the best deal. Plus, boards are negotiating contracts to get the most favorable terms, which can save money.
Long-Term Planning—Finally, boards are using SIRS to plan for the long haul. By developing a comprehensive maintenance plan, they’re
addressing both immediate needs and future repairs. This proactive approach helps spread out costs and avoid any big surprises.
LOOKING AHEAD
As regulations continue to evolve, boards will need to stay on top of changes and adapt their strategies. Keeping communication lines open with residents and being smart about financial management are key to navigating these challenges effectively. It’s all about balancing immediate needs with long-term goals and ensuring that the community remains safe and well-maintained.
In summary, milestone inspections and SIRS are leading to an evolution in how boards operate. By focusing on clear communication and careful financial planning, boards are managing these changes and helping to keep their communities in top shape. So, if you’re a resident, rest assured that your board is working hard to ensure everything runs smoothly and safely! n
Community Community
PREPARE TO MEET THE NEW SIRS REQUIREMENTS
By Marcy Kravit, CMCA, AMS, PCAM, CFCAM, CSM Director of Community Association Relations
Hotwire Communications
FCAP Education Program Coordinator
With the December 31, 2024, deadline on the horizon, Florida’s condominium and cooperative associations are preparing to meet the requirements of the new condominium reserve law. This law calls for a complete structural integrity reserve study (SIRS) to ensure the structural health of buildings, which is essential for the safety of residents and the protection of their investments.
THE SIRS CHECKLIST: SAFEGUARDING YOUR BUILDING
The SIRS is a detailed evaluation that includes the following key components:
1. Roof: acts as your building’s protective shield
2. Structural Systems: the essential support for the building’s stability
3. Fireproofing & Fire Safety: safeguards in place to counter fire hazards
4. Exterior Painting & Waterproofing: critical for both appearance and protection against weather
5. Plumbing: the building’s water management system
6. Electrical Systems: the key to safe and efficient power distribution and longevity of the electrical infrastructure and compliance with codes for a building or structure is critical. Key to safe and efficient power distribution.
7. Windows & Exterior Doors: the interface with the outside environment, offering security and resilience.
8. Other Costly Elements: any additional elements costing over $10,000 that are crucial to the building’s structural integrity.
STRATEGIC PLANNING WITH SIRS
The SIRS report identifies common areas that are the association’s responsibility, focusing on the life expectancy of each element. This assessment is based on historical wear and tear, climate effects, and previous maintenance. Accurate life expectancy estimates allow for effective planning and budgeting for future upkeep.
FLEXIBLE FUNDING FOR SIRS
While funds for SIRS must be dedicated to structural maintenance, the law allows associations the flexibility to manage these through pooled reserves. This can ease the financial burden and contribute to a more stable financial future for the association.
BROADER SCOPE FOR SIRS
Legislation has expanded the list of systems included under SIRS, ensuring that no critical element is overlooked. This comprehensive approach is vital for the maintenance and safety of the building.
THE IMPORTANCE OF SIRS
SIRS is more than a legal mandate; it is a proactive blueprint for property maintenance and financial planning. It enables associations to address maintenance needs early on, preventing emergencies and unexpected expenses.
WHO NEEDS SIRS?
All three-story (or higher) condominiums and cooperatives in Florida must complete their first SIRS by the end of 2024 and then every 10 years thereafter. This applies to all such buildings that existed before July 1, 2022. Developers are also required to perform a SIRS before transitioning property control.
SIRS AND SENATE BILL 4-D
Senate Bill 4-D emphasizes the importance of SIRS in Florida. It introduces milestone inspections for buildings, with a focus on structural assessments. SIRS helps property owners and associations meet these new regulations, ensuring safety and compliance.
In conclusion, Florida’s condominium and cooperative associations need to gear up for the SIRS deadline, which will mark a new chapter in building safety and management. By complying with the new regulations, associations can ensure a higher standard of living and peace of mind for their communities.
Marcy L. Kravit
BECAUSE YOU ASKED
By Betsy Barbieux, CAM, CFCAM, CMCA
Betsy, If an owner asks to have a copy of the recorded meeting, am I supposed to give it to the owner? The new rules don’t mention recorded meetings. I know owners need to have access to documents, etc.
- Lori Lori,
First, I would not record meetings. There is no need to do so. I’ve heard attorneys tell you not to do so because of slanderous language that might be picked up on the recording. If you have been recording the meetings and saving them, I’d ask the board to vote to stop that policy and make available to the owners only the written minutes, whether approved or in draft form. But to the immediate question, I’d respond by sending the written minutes.
- Betsy
Betsy,
At the last board meeting the owner who sends me volumes of emails attended with her husband. Her husband is not listed on the warranty deed as an owner. He was very aggressive and rude to the board. So, the board wants to know if they can prohibit him from attending the board meetings?
- Leslie
Leslie,
Technically, you could prohibit him from attending the meeting; but practically, there is no way to keep him out of the room. There is no law that says he can’t be there. All the law says is “owners” may make comments on agenda items.
However, keeping nonowners out will be a huge issue. You’ll need to create some sort of sign-in/show ID process in another room before permitting entry into the board room. And be prepared to call 911.
If he is disruptive, warn him about his behavior, remind him that he is not an owner and you are being polite to permit him to be there, and if he interrupts one more time then you will tell him to leave. Should he refuse, call 911. Tell 911 you have “a disruptive person at your meeting and he has been told to leave but he refuses. You are afraid he will become violent.”
The alternative is to not respond to any questions and tell him only owners may make comments during the meeting. Then do not look at him or give him any attention.
- Betsy Betsy,
We prepared a draft of our 2025 budget and provided a copy to the owners before the board meeting. An owner is demanding to know why the income from the 2024 assessments and special assessment aren’t shown on
the budget. He wants to know where all the money went. Did I do something wrong on the budget?
This man also claims the board members aren’t legitimate since they weren’t “elected.” He can’t seem to understand there were no candidates, so the previous board rolled over with a subsequent resignation and one appointment. I can’t make him understand this is a legitimate board. In fact, they have had no candidates for board seats since before Covid.
He is threatening legal action.
- Betsy Leslie,
A budget is a projection of the income and expenses for the next year. Income received in the past would never be shown on a budget. It is shown on a year-end profit and loss statement, and bank balances are reflected on a balance sheet. Obviously, he doesn’t understand the basics of accounting.
As for his comments about the board, the statutes allow board members to be elected or appointed, so either creates a legitimate board. Normal processes and procedures were interrupted during Covid, but I understand this current board is working on getting back to normal routines and meetings.
- Betsy Betsy,
The new board certification course that went into effect on July 1, 2024, satisfies the educational requirements of the new legislation for condominiums and HOAs, but what about co-ops?
Betsy Barbieux
A BUDGET IS A PROJECTION OF THE INCOME AND EXPENSES FOR THE NEXT YEAR. INCOME RECEIVED IN THE PAST WOULD NEVER BE SHOWN ON A BUDGET. IT IS SHOWN ON A YEAR-END PROFIT AND LOSS STATEMENT, AND BANK BALANCES ARE REFLECTED ON A BALANCE SHEET. OBVIOUSLY, HE DOESN’T UNDERSTAND THE BASICS OF ACCOUNTING.
Do the new board educational requirements apply to co-ops or not? Does my co-op board need to take this new course?
- Patti
Patti, There were no new board certification requirements for cooperative boards in any of the new laws.
Some DBPR-sponsored board classes are available on the Division website, but they don’t apply to co-ops.
I have been approved for the past 10 years to present a four-hour board certification course for condominiums, co-ops, and HOAs. I was recently reapproved by the DBPR to continue with my four-hour courses for all three types of communities.
- Betsy n
Irrigation Red Flags
BY JOHN DOUGHERTY
I
n the realm of community management, the health and appearance of a community’s landscape plays a pivotal role in maintaining property values and ensuring the well-being of residents. However, managing these landscapes, especially the irrigation systems that sustain them, can pose significant challenges. At Leland Management we’ve observed an increasing number of communities facing issues with their irrigation systems, from skyrocketing repair costs to the ineffective operation of these systems. This brief article aims to shed light on common irrigation red flags, steps boards can take to address these issues, and the critical role of an irrigation consultant in ensuring the efficiency and longevity of your irrigation system.
Photo by iStockphoto.com/Ljupco
IDENTIFYING IRRIGATION SYSTEM RED FLAGS
Several of the following signs indicate your community’s irrigation system or contractor may be underperforming:
• Skyrocketing Irrigation Repairs—An abrupt or even gradual increase in repair costs suggests systemic issues.
• Ineffective Repairs—Repairs that fail to address underlying problems often lead to repeated issues.
• Stressed Turf & Plant Areas—This can indicate insufficient water supply or poor distribution.
• Excessive Weeds in Turf— Weeds are often a sign of overwatering or uneven water distribution.
• Poor Turf Color—Color can indicate overwatering,
JOHN DOUGHERTY, SPECIAL PROJECT MANAGER, LELAND MANAGEMENT
John Dougherty is the special projects manager at Leland Management, with over 25 years of experience in the green industry, covering landscape maintenance, design, installation, and more. He develops and teaches CEU courses for community association managers, leveraging his deep understanding of client concerns, including those of commercial property managers and HOA boards. Working with one of Florida’s leading community association management companies has given him unique insights into their decision-making processes. John holds multiple certifications, including Florida licensed community association manager and certified arborist, enhancing his expertise in addressing complex client needs. For more information visit www.LelandManagement.com
underwatering, or nutrient deficiencies.
• Broken Valve Boxes—Physical damage can lead to systems not functioning properly and potential hazards.
• Lack of Reporting—Without regular reports, it is challenging to monitor system performance and identify issues.
• Billing Fluctuations—Significant changes in irrigation billing over months or years can signal system decline or system mismanagement.
PROACTIVE STEPS FOR BOARDS
To mitigate these issues, boards should perform the following:
• Request Regular Irrigation Reports—These include detailed accounts of system performance and repairs.
• Request Decoder Fault Reports—Many controllers now have the ability to produce reports, and a quick review of the decoder fault report can help you quickly identify and address communication issues within the system.
• Examine Old Parts— Request to see replaced components, such as decoders and valves, to assess the nature and frequency of failures.
• Insist on Comprehensive
Inspections—It is vital that inspections be performed from the controller to ensure the communication paths are working properly. Performing inspections manually from the valve can lead to communication issues going unnoticed and remaining unresolved, affecting the automatic watering of the landscape areas.
• Schedule Major Repair Inspections—This will help to ensure the quality and necessity of the work performed.
• Demand Damage Reports—Ask for a detailed report on damaged valve boxes and the proposed repair costs for board review.
• Engage an Irrigation Consultant—If issues persist, engage with a third-party irrigation consultant to assess if your irrigation system performs adequately.
THE ROLE OF AN IRRIGATION CONSULTANT
An experienced irrigation consultant can be invaluable in diagnosing problems, identifying inefficiencies, and recommending solutions. Here’s how they can assist.
• System Overview—Providing an expert evaluation of the system’s overall functionality and identifying critical issues
• Field System Inspections—Examining pumps, controllers, master valves, and other essential system components
• Controller Evaluation—Assessing the operation and efficiency of all system controllers
• Cost Management—Minimizing unnecessary expenditures on
major system components by identifying preventable repairs
• Preventive Maintenance Plans—Developing comprehensive maintenance strategies for key components, including wells
• GIS Mapping—Creating detailed maps of decoder and valve locations to simplify maintenance and repairs
• Operational Recommendations— Advising on optimal operational schedules, water management strategies, and potential system upgrades
• Direct Procurement Assistance—Helping communities acquire necessary components like controllers at optimal costs
• Monitoring and Water Management—Providing ongoing services that ensure efficient water use and system operation, especially critical when controllers are internet-enabled.
Addressing irrigation system issues promptly and effectively requires a comprehensive understanding of the system’s components, a proactive approach to maintenance and repairs, and, when necessary, the insight of an irrigation consultant. By recognizing the red flags outlined above and taking decisive action, community association boards can significantly improve the efficiency, reliability, and cost-effectiveness of their irrigation systems. At Leland Management, whether it’s irrigation, budget planning, or any of the many other things involved in successful community management, we are committed to guiding and supporting our communities! n
Do the 2024 Laws Apply to Our Association?
BY JEFFREY A. REMBAUM, ESQ.
Of late there is significant confusion regarding application of the 2024 legislation. While the information below could equally be applied to condominium and homeowners’ associations, this article will specifically address the application of certain 2024 legislation to homeowners’ associations.
By way of oversimplification, absent “Kaufman language” (discussed below), the substantive provisions of the 2024 legislation do not override preexisting substantive provisions set out in the declara-
Photo courtesy of Kaye Bender Rembaum REMBAUM'S ASSOCIATION ROUNDUP
tion of covenants as well as the rules and regulations unless and until a court of competent jurisdiction says otherwise. The reason why is because when a contract is executed, the law in existence at the time is the law that is applied to the life of the contract as to all substantive provisions. In addition, there are constitutional protections against governmental interference in existing contracts, at least as to as to the substantive provisions of the contract.
By way of explanation, the declaration of covenants is a contract. It is a contract between the owners and the association. As there are constitutional protections against governmental interference in the substantive provisions of existing contracts, the government cannot impair or otherwise
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
negatively affect existing substantive provisions set out in a contract by passing new laws that did not exist at the time the contract (the declaration) came into existence.
In this instance, for example, if the existing declaration already contains a prohibition on RVs being parked on an owner’s lot, a new law that restricts the association from prohibiting RVs from being parked on lots would be a substantive impairment on the existing contract right. The same would be true about roofs. For example, if the declaration provides that no metal roofs are allowed, legislation that is subsequently passed into
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law cannot overrule that provision set out in the declaration. The same is not true as to procedural matters such as how rules must be enforced. For example, if the legislature came out with a new process regarding fines and requiring a 22-day notice to an owner before the fining committee could meet, then that would likely apply to all associations because it does not substantively prohibit fining, but rather changes the process of how a fine is levied.
However, if a declaration has what is referred to as “Kaufman language,” then all new laws would be applicable. Kaufman language stands for the proposition that as the laws change, they are morphed into the declaration as if those were the laws in place at the time the contract was executed. For example, in the declaration if there is a sentence that provides “this declaration is subject to chapter 720, Florida Statutes ‘as it is amended from time to time,’” then all changes in the legislation would be applicable regardless of whether they are substantive or procedural. At times, a declaration will have Kaufman language specific to only certain provisions such as fining and the foreclosure processes. In that instance the new laws would apply only to those sections of the declaration.
Likely, it won’t be long until somewhere in Florida an upset member sues an association over these matters, which may then result in this challenging legal issue being more specifically interpreted by an appellate court. What I have explained above is typically the direction the courts have ruled in similar
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matters in the past. The biggest challenge is determining whether changes in the law are considered substantive or procedural in nature. Ultimately, the final decision on how or whether to enforce certain covenants rests with the board of directors. The above information can be used as a backdrop for consideration of its decisions as to how the new laws apply, but it is strongly recommended that you seek further advice from experienced community association legal counsel with regard to your specific fact pattern before a business decision is made at your association.
A list of 2024 HOA legislation which we believe would act as impairments to substantive contract rights, and would therefore not be applicable to an HOA absent Kaufman language in the declaration, include (but are not necessarily limited to) the following:
J.R. Frazer, Inc.
SECTION 720.3045, FLORIDA STATUTES
Regardless of any covenant, restriction, bylaw, rule, or requirement of an association, and unless prohibited by general law or local ordinance, an association may not restrict parcel owners or their tenants from installing, displaying, or storing any items on a parcel which are not visible from the parcel’s frontage or an adjacent parcel, an adjacent common area, or a community golf course, including, but not limited to, artificial turf, boats, flags, vegetable gardens, clotheslines, and recreational vehicles.
SECTION 720.3035, FLORIDA STATUTES
An association or any architectural, construction improvement, or similar committee of an association must reasonably and equitably apply and enforce on all parcel owners the architectural and construction improvement standards authorized by the declaration of covenants or other published guidelines and standards authorized by the declaration of covenants. An association or any architectural, construction improvement, or other such similar committee of an association 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 an adjacent parcel, an adjacent common area, or a community golf course. Requires the review and approval of plans and specifications for a central air-conditioning, refrigeration, heating, or ventilating system by the association or any architectural, construction improvement, or other such similar committee of
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association, if such system is not visible from the parcel’s frontage, an adjacent parcel, an adjacent common area, or a community golf course and is substantially similar to a system that is approved or recommended by the association or a committee thereof.
SECTION 720.3075, FLORIDA STATUTES
Pickup trucks. The governing documents may not prohibit a property owner or a tenant, a guest, or an invitee of the property owner from parking his or her personal vehicle, including a pickup truck, in the property owner’s driveway, or in any other area at which the property owner or the property owner’s tenant, guest, or invitee has a right to park as governed by state, county, and municipal regulations.
Work Vehicle. Regardless of any official insignia or visible designation on the vehicle, the governing documents, including the declarations of covenants, articles of incorporation, or bylaws, may not prohibit a property owner or a tenant, a guest, or an invitee of the property owner from parking his or her work vehicle, which is not a “commercial motor vehicle” as defined in Section 320.01(25), Florida Statutes, in the property owner’s driveway.
Contractors. The governing documents may not prohibit a property owner from inviting, hiring, or allowing entry to a contractor or worker on the owner’s parcel solely because the contractor or worker is not on a preferred vendor list of the association. Additionally, homeowners’ association documents may not preclude a property owner from inviting, hiring, or allowing entry to a contractor or worker on his or her parcel solely because the contractor or worker does not have a professional or an occupational license. The association may not require a contractor or worker to present or prove possession of a professional or an occupational license to be allowed entry onto a property owner’s parcel.
Prohibition on Vehicle Prohibition. The governing documents may not prohibit operating a vehicle that is not a commercial motor vehicle as defined in
Section 320.01(25), Florida Statutes, in conformance with state traffic laws, on public roads or rights-ofway or the property owner’s parcel. (As per s. 320.01(25), Florida Statutes, a “commercial motor vehicle” means any vehicle which is not owned or operated by a governmental entity, which uses special fuel or motor fuel on the public highways, and which has a gross vehicle weight of 26,001 pounds or more, or has three or more axles regardless of weight, or is used in combination when the weight of such combination exceeds 26,001 pounds gross vehicle weight.)
A final point for consideration is that if the HOA declaration is silent as to these matters, then new amendments to the declaration should not be contrary to these 2024 legislative provisions without such amendments being very easy to judicially challenge. Also, and very importantly, remember to check in with your association’s attorney when addressing these very complicated matters prior to making a decision as to whether the aforementioned legislation applies to your community. n
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Navigating New Compliance: Key Changes to Florida Condominium Board Meeting Requirements
BY CASEY AMAYA, ESQ.
The recent wave of Florida condominium legislation has introduced new meeting requirements—effective July 1, 2024—that boards are to address. While these changes may be easily overlooked due to their subtle integration into the law, it is essential for boards to ensure compliance and to understand their options for adhering to these requirements. House Bill 1021 (HB 1021) and its counterpart, Senate Bill 1178 (SB 1178), introduced significant updates to Florida Condominium Law, including amendments to Sections 718.112(2)(c) and 718.112(2)(c)(3) of the Florida
Photo by iStockphoto.com/Rathke
Condominium Act. These provisions outline fundamental requirements and rights related to board meetings for residential condominium associations.
Previously Section 718.112(2) (c) granted unit owners the general right to “speak” at board meetings about any items listed on the face of the agenda. Under SB 1178, this right was expanded. Now this section specifies that “at least four times each year, the meeting agenda must include an opportunity for members to ask questions of the board.”
Additionally, condominium boards managing associations with more than 10 units are required to meet once each quarter, while those with 10 units or fewer are not subject to this requirement (referred to as the “10-unit Exception”).
CASEY AMAYA, ATTORNEY AT LAW, BECKER
Casey Amaya is an associate attorney in the firm’s community association practice group. Casey graduated magna cum laude from St. Thomas University Benjamin L. Crump College of Law, with a CALI Award in Florida condominium law and certifications in real estate and admiralty and maritime law.. For more information, call 305-260-1037, email camaya@beckerlawyers.com, or visit www.beckerlawyers.com
This raises a potential contradiction regarding whether boards of smaller condominiums (i.e., that fall under the 10-unit Exception) should meet at least four times a year to answer in-meeting membership inquiries. Nevertheless, for larger condominiums, the law mandates at least one quarterly meeting. Still, if only these four minimally required meetings are scheduled, the board must include a designated time for member questions before adjournment. On this note, the right to attend board meetings now also includes the right of unit owners to ask questions relating to reports on the status of construction or repair projects, revenues and expenditures during the current fiscal year, and other issues affecting the condominium.
Even so, there is no lawful requirement for the board to respond. As such, questions can arguably be set aside for further research or ignored if they could negatively impact the association’s legal or other interests. Additionally, boards have the authority to establish guidelines for the questioning process, as the law allows associations to adopt reasonable written rules overseeing the frequency, duration, and manner of unit owner statements at board meetings. SB 1178 ushered in another noteworthy change as the prior language found under Section 718.112(2)(c)(3) was relocated to a newly established subsection (subsection 5) and has since been replaced with the following text:
Notice of any meeting in which regular or special assessments against unit owners are to be considered must specifically state that assessments will be considered and provide the estimated cost and description of the purposes for such assessments. If an agenda item relates to the approval of a contract for goods or services, a copy of the contract must be provided with the notice and be made available for inspection and copying upon a written request from a unit owner or made available on the association’s website or through an application that can be downloaded on a mobile device.
ADDITIONALLY, BOARDS HAVE THE AUTHORITY TO ESTABLISH GUIDELINES FOR THE QUESTIONING PROCESS, AS THE LAW ALLOWS ASSOCIATIONS TO ADOPT REASONABLE WRITTEN RULES OVERSEEING THE FREQUENCY, DURATION, AND MANNER
UNIT OWNER STATEMENTS
COMMUNITY MANAGERS
Owners and board members may interpret this paragraph to mean that a copy of the contract must be attached to the notice whenever an agenda item relates to work for a regular or special assessment. However, a closer examination of the new language indicates that boards are only obligated to include copies of contracts with the meeting notice if the contract is to be approved at that specific meeting, as this action would directly “relate to the approval of a contract.”
The Florida Senate similarly supports this interpretation of the new clause. This is noted in the Senate’s bill analysis and fiscal impact statement of SB 1178, dated February 26, 2024, which states in part: “Regarding meetings of the boards of administration for condominium associations, the bill requires associations to include a copy of the proposed contract if the notice for a board meeting relates to the approval of a contract.”
The revised provisions enhance unit owners’ rights to participate in board meetings, while the requirements for meeting notices related to assessments and contracts underscore the importance of thoroughly understanding the laws. Ultimately, as these changes signify a move toward more inclusive governance, boards must remain vigilant to ensure they achieve transparency without overburdening their capacity to operate and manage the condominium association. n
Best Practices for Community Associations Implementing Dues Increases
BY LAURA MANNING-HUDSON
Many Florida community associations are being forced to increase their monthly dues to pay for increases in insurance, maintenance, reserves, and inspections. It is only natural for substantial increases to be met with resistance and dissent from owners, so associations and their boards of directors should make highly effective use of communication and open records to nip all those negative reactions in the bud. Many associations are getting ahead of owners’ ques-
Photo by iStockphoto.com/Andrii Yalanskyi
tions and concerns by dramatically increasing their transparency and communications. Not only do such efforts foster the trust of owners, but also they can help to gain acceptance of the financial realities that are behind the budget increases. Communities and their directors are finding that advance notice and communications are very helpful for owners. Most communities notify their owners of coming increases at least 30 days in advance. If possible, any additional advance notice can help owners to allocate and prepare for the coming increases in their fixed monthly expenses. Ample advance notice also demonstrates to owners that the directors are doing everything they possibly can to ease the burden as much as possible.
LAURA MANNING-HUDSON , SHAREHOLDER, SIEGFRIED RIVERA
Laura Manning-Hudson is a shareholder with the Coral Gables-based law firm of Siegfried Rivera who is board certified as an expert in community association law by the Florida Bar. She is the managing shareholder of the firm’s West Palm Beach office and a regular contributor to its Newsroom blog at www. SiegfriedRivera.com/blog. In addition to the Newsroom blog, our firm’s community association attorneys write about important matters for association in our Miami Herald column, which appears every two weeks on Sundays, and we encourage association directors, members, and property managers to visit the blog and subscribe to our newsletter to receive our future articles.
The firm also has an office in Broward County, and its 50 attorneys focus on real estate, community association, construction, and insurance law. For more information, visit www. SiegfriedRivera.com, call 561-296-5444, or email LManning@SiegfriedRivera.com.
For the notification itself, associations should provide concise yet complete information about the coming increase and the date it goes into effect. It should highlight the reasons for the increase and remind owners that all of the supporting records and information are available for inspection.
Florida law now calls for many community associations to maintain websites, and one of the best ways to make all such documentation and
records available for inspection is by posting them on the website in a password-restricted section exclusively for owners and residents. Owners appreciate the full transparency that this provides, and it also will hopefully help to address and prevent any potential concerns.
For owners who have been attending and participating in association board meetings, the news of the need to increase their monthly dues will come as no surprise. However, for all the owners who do not attend meetings regularly or pay much heed to association matters, increases that in many cases are quite substantial can be met with sticker shock.
Associations and their directors should understand and anticipate such reactions. They should be prepared to clearly explain the reasons and the details behind the increase and provide specifics on how the additional funds will be used for any insurance price increases or necessary maintenance and improvements.
A letter summarizing all of this information from the association president should prove helpful. In addition to summarizing the necessity of the increases to the association’s budget and therefore the monthly dues, it could also provide examples of the benefits that will be realized through the effective allocation and use of the funds. For example, any property improvements that will be completed lead to increased appeal and property values for the entire community.
For all the owners who wish to peruse the association’s official records for themselves as Florida law provides, the best approach is to share detailed documentation including any reports, projections, and other data that illustrate the need for the additional funds.
Associations with websites can and should make as many of their records as possible available to their owners online, but those without a website should be prepared to provide and showcase their official records to demonstrate their commitment to full transparency and disclosure.
While increases in association dues can be challenging and problematic, associations can help to diminish any potential for difficulties and dissent with their commitment to owner communications. Those that go above and beyond the call of duty to satisfy any potential questions or concerns will be setting a path for as much understanding and acceptance of financial realities of the situation as can possibly be achieved in their community. n
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BY MICHAEL J. GELFAND, ESQ.
A Assessment Obligations and Duty to Repair
SSESSMENTS: PUSHING EARTHLY LIMITS—DEATH DOES NOT END ASSESSMENT OBLIGATIONS?
It may seem impolite to discuss, but if a parcel or unit owner in a Florida community association dies and assessments are unpaid, do the other owners have to make up the difference?
Though they did not like the thought, a number of Florida associations have assumed that everyone else had to chip in and pay. In this economy, when neighbors see the decedent’s property sold for a hefty profit, they start asking questions. As with many issues in associations, the initial thoughts, whether assisted by “Judge Google” or their own experience, may not be helpful. By the way, “decedent” is a term used by the Florida legislature for someone who has died.
Photo by iStockphoto.com/Viktor_Gladkov
We have all seen that the route to recovery of monies usually involves deadlines. There are special time limits when an owner dies. Do you know what these time limits are? Once your claim is filed, what else must an association do to preserve their claim?
Deadlines were the subject of a recent Florida appellate court decision with implications for Florida community associations. Fields, claiming she was owed money for child support from Ford at the time of Ford’s death, filed a claim against Ford’s Estate in the Estate’s probate proceedings. The Estate’s personal representative objected to Fields’ claim, asserting that Fields failed to file a timely claim. The details can be found in Fields v. Estate of Ford, 49 Fla. L. Weekly D 1240 (Fla. 6th DCA, June 7, 2024).
Usually an estate’s personal representative must provide a notice to a decedent’s creditors of the formation of an estate and provide the creditors notice of deadlines, including a threemonth deadline for most money claims.
But there is another rule
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.
when the personal representative fails to provide the three-month deadline notice. Because the personal representative neglected to send Fields this notice, Fields’ claim, although filed more than three months after notice to other creditors but within two years of death, was deemed timely filed.
The personal representative then objected to the claim within 30 days of Field’s claim. Therefore, in the ping-pong exchange of legal papers, the objection was also timely filed. Nonetheless, the probate court forever barred Fields’ claim because she did not also file an independent action against the personal representative.
The Florida appellate court agreed with the decision of the probate court. The court explained that Florida’s Probate Code, Section 733.705(5), Fla. Stat. (2022), provides that once an objection to a claim is filed against an estate, the claimant has 30 days from the date of service of an objection to bring a separate action on the claim. The statute specifically states that “[n]o action or proceeding on the claim may be brought against the personal representative after the time limited above, and the claim is barred without court order.”
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Under the statute, Fields had 30 days from the date when she was served with the objection to her claim to file an independent lawsuit against the personal representative. Because Fields never filed an independent action against the personal representative, her claim was forever barred.
This decision reinforces that death of a Florida decedent does not automatically bar claims, and the decision emphasizes the importance of paying attention to probate deadlines. If your Florida association seeks to make a claim after death, make certain that the claim is filed on time! And just as important, if an objection is made to the claim, know what you must do next, and when, in order to preserve the claim.
Florida community associations may also have alternative collection routes. If they have a lien against the decedent’s parcel or unit, that might avoid some of the shorter deadlines and provide a different route. Concerning post death assessments, those also may be collectable because title to Florida property usually automatically transfers to heirs and devisees at the decedent’s death.
UPSTAIRS-DOWNSTAIRS: WHATEVER THE CAUSE OF DAMAGE, THE CONDOMINIUM ASSOCIATION’S DUTY TO REPAIR COMMON ELEMENTS
In a multi-story building water sometimes leaks from one floor to the next. The causes may be a leaky toilet, a cracked bathtub, a rusting shower pan, or a broken sink, just to name a few of the culprits.
If the negligence of the upstairs unit owner causes the leak, does a Florida community association have to repair the damage to the downstairs unit’s walls and floors? If the walls and floor are common elements, then the answer is, “yes”!
Take care when considering this type of problem. The references to unit owners, upstairs and downstairs, can be confusing on a first read. However, after you try alternative terms, you will understand and likely use the same upstairs/downstairs terminology when (not if!) there is water intrusion in your building.
Recently a Florida appellate court ruled that a condominium association has a duty to repair all damage to common elements even when the damage resulted from a leak in an upstairs unit’s bathtub. In McLlenan v. Cypress Chase North Condominium No. 4 Association, Inc. , 49 Fla. L. Weekly D 1197 (Fla. 4th DCA, June 5, 2024), a condominium unit owner notified the association when he noticed a water leak and mold. The association’s contractor tore out most of the kitchen, including the walls, but did not do anything to repair the kitchen.
Several months later, sewage water poured into the owner’s bathroom, caused by the upstairs owner’s bathtub. The leak was stopped immediately, but the association did not repair any of the damage to the downstairs unit and mold continued to spread.
The owner sued the association for breach of contract, negligence, and violation of the Condominium Act. The trial
court granted a summary judgment for the association, explaining that the association did not have a duty to repair damage to the downstairs unit where the damage was caused by a leak from the upstairs unit and not caused by a common element, reasoning that the leak was caused by the upstairs unit’s plumbing, which was that upstairs owner’s responsibility.
The Florida appellate court disagreed and reversed the decision of the trial court. The appellate court noted that the declaration provided that “all maintenance, repairs, and replacements in or to the common elements (other than limited common elements as provided above) shall be performed by the association.”
The court determined that common elements included the space between the unfinished lower surface of the downstairs ceiling and unfinished upper surface of the upstairs unit’s floor, as well as the space between the unfinished interior of the owner’s boundary walls and those of his neighbors. The court further explained that common elements are the association’s responsibility to repair. There is no exception in the declaration of condominium for what causes the damage. Therefore, the association had a duty to repair the common elements when water leaked into the owner’s unit from the upstairs unit.
In other words, when a common element is damaged, the association has to repair the common element, regardless of what caused the damage. As the court stated, the cause of the leak is irrelevant to the association’s duty to repair!
Note that the court was not faced with the liability of the upstairs owner. The downstairs owner and the association may have claims against the upstairs owner if the upstairs owner was negligent or intended to cause damage. Also, this decision prompts a reminder to confirm the association’s insurance coverages, policies for responding to water intrusion, and rules regulating securing an unoccupied unit. n
Photo by iStockphoto.com/olm26250
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Dangers of Presumption
BY BETSY BARBIEUX,
Once upon a time (as the story is told by Max Lucado in his book, Eye of the Storm), there was a very poor woodcutter who had a beautiful white horse. The horse was coveted by many, including the king, who was willing to pay a high price for him. The townspeople thought he should sell the horse. The old man refused, saying the horse was part of his family. One day the horse was gone. All the townspeople came to grieve with him but chastised him, reminding him he should have sold the horse. This misfortune will make him poor forever. The old woodcutter replied, “All I know is the horse is not in the barn. Whether I’ll be rich or poor is not for you to judge.”
CAM, CFCAM, CMCA
Photo by iStockphoto.com/Nuthawut Somsuk
As the story goes the horse returns with a dozen other horses. Now all the townspeople gathered around him celebrating because of his good fortune exclaiming what a blessing— he’ll be rich. But when the old woodcutter spoke, he said “Again, you have gone too far. All I know is the horse has returned with other horses. Whether I’ll be rich or poor no one can judge.”
The story goes through several of these good/bad circumstances and conversations between the old woodcutter and the townspeople. Each time, the old man would stick to the facts and not presume the future.
You can hear examples of presumption every day on the news, in the clubhouse, on the golf course, in restaurants, during marital conflicts, and at board meetings. The people in
BETSY BARBIEUX,
CAM,
CFCAM, CMCA, FLORIDA CAM SCHOOLS
Betsy Barbieux, CAM, CFCAM, CMCA, guides managers, board members, and service providers in handling daily operations of their communities while dealing with different communication styles, difficult personalities, and conflict. Effective communication and efficient management are her goals. Since 1999 Betsy has educated thousands of managers, directors, and service providers. She is your trainer for life! Betsy is the author of Boardmanship, a columnist in the Florida Community Association Journal, and a former member of the Regulatory Council for Community Association Managers. Subscribe to CAM MattersTM at www.youtube. com/c/cammatters. For more information, contact Betsy@FloridaCAMSchools.com, call 352-326-8365, or visit www.FloridaCAMSchools.com.
these conversations will take facts and then add their opinion. Their opinions will likely presume an outcome, or worse, presume another’s motives. Presuming outcomes can become a habit and will lead to worry and anxiety. Presuming motives leads to misunderstanding, conflicts, and irreparable damage to relationships.
When you presume the motives of others, you will likely assign a negative one—one that presumes the person’s actions are directed at you. They may be, but maybe they are not. The result is that future conversations with this person are met with suspicion. Presuming motives erodes trust and goodwill. You could have taken the time to have a conversation with that person to clarify their words or actions.
Without that conversation, you may have come to an incorrect conclusion. That wrong conclusion will cause you to make a wrong decision, whether the decision is a course of action or an opinion of that person.
Decisions need to be made based on facts. Facts come from conversations that involve active listening and not the kind of conversations where you are defensive and talk over the other person.
A good habit to develop is to listen to people’s words and take them at face value. If they say “yes” or “no,” don’t try to read between the lines to determine if they “really” meant “yes” or “no.” If the person you are talking to can’t be honest with his or her answers and reasons, then you should not be forced to become a mind reader and guess what was “really” meant. That creates an insane relationship whether at work or at home.
Some of you will remember the old TV show, Dragnet, and Joe Friday’s famous line, “Just the facts, ma’am, just the facts.” He did not want your opinions.
Generalizations can include presumption and exaggeration. Listen to yourself and count how many you make in a day. The following are examples:
“You always…”
“They are all…”
“You never…”
“You should have known that I meant…”
“You only say that because…”
Once formed, negative impressions are hard to overcome. Just ask the couple in marriage counseling. Marital conflict always involves generalizations and accusatory language like the ones above.
Think about the conflict among your board members. Board members presume, generalize, and exaggerate and create vicious cycles of misunderstanding and mistrust, making it difficult to resolve disagreements peacefully. Votes are split, with losing board members sabotaging
the decision by stirring up dissension in the community. Board members are recalled, or board members quit. The community will eventually have no board members.
This leaves those owners who are willing to sit on boards saying, “It is difficult to talk with you when you have already drawn a conclusion.” Jumping to conclusions about others’ motives can leave you in a difficult position for moving ahead. Jumping to conclusions about the future is also unproductive. Whether you’re saying “what if” I can’t afford to live here, or what if I won’t be able to sell my home, or what if investors buy everything, each of these creates worry and fear and likely a wrong conclusion or decision. It is presumption. All you know right now is that board members and CAMs are in difficult territory with the SIRS and milestone inspection deadlines looming. Owners jumping to conclusions doesn’t help. Board members need facts, expertise, and creative ideas in sorting out the current legal and financial mazes, not presumption. n
Editor’s Note: FLCAJ would like to congratulate these four outstanding 2024 Readers’ Choice Awards winners! (For a full list of 2024 RCA winners, please read the March 2024 issue or visit www.fcapgroup.com/flcaj/readers-choice/
KW PROPERTY MANAGEMENT & CONSULTING
Diamond Level Winner—Management (Winner 2024 and seven previous RCA wins)
KW PROPERTY MANAGEMENT & CONSULTING provides fullscale property, food and beverage, and project management services to homeowner associations and condominium boards. KWPMC delivers operational precision, hospitality with a personal touch, outstanding financial reporting and accounting controls, and flexible and efficient technology solutions—all distinguished by a dedicated and committed staff that aims to enhance the experience of every association we serve. We’re privately owned, with a hands-on approach that involves our founding partners and executive team assigned and engaged with each and every property. Our well-
trained staff delivers elite service to our growing list of prestigious properties. We take great pride in building lasting relationships with associations and boards that share our commitment to excellence. KWPMC was awarded the 2021 South Florida Business Journal’s “Business of the Year” winner and Inc. 5000 Fastest Growing Private Companies 2021, 2020 & 2019.
We Don’t Just Manage, We Enhance
For more information on KW PROPERTY MANAGEMENT & CONSULTING, call 954-815-8321 or visit www.kwpmc.com
Leland Management
Diamond Level Winner—Management Companies (Winner 2024 and ten previous RCA wins)
Celebrating 25 years of award-winning service, Leland Management is the industry-leading, fullservice association management firm specializing in managing Florida condominium and homeowner associations. With 12 offices statewide, we are proud to partner with more than 400 associations exclusively in the state of Florida.
Our team of professionals takes great pride in delivering the best-quality service to the communities we serve. We have over 100 licensed community association managers who average more than seven years of experience, and many carry
advanced professional designations. To bring it all together, we have honed an effective system for sharing this expertise both within the company and in our communities.
Our superior accounting strategies, dedication to lifestyle, and always-local resident support call center are just a few of the standards you can expect from a partnership with Leland, but we don’t just talk the talk. Evidence of Leland’s walk can be seen in consistently being named Central Florida’s Top Workplace and the Orlando Business Journal ’s Best Place to Work by our team year after year.
Although we are large enough to have all the resources necessary to meet the needs of any association, Leland remains a local, family-owned and -managed firm to better meet the individual needs of each community. We understand that building solid, lasting relationships is of utmost importance to delivering the best quality of service and the continued success of our company.
For more information, call 888-255-8577 or visit www. LelandManagement.com.
Hypower
Platinum Level Winner—Construction, Engineering, and Building Services
(Winner 2024 and five previous RCA wins)
Hypower continues to be a leader in Florida’s electrical contracting industry as it continues its growth across the state. Hypower’s electrical services and special projects group provides 24/7 quality and professional service to local businesses, property managers, and assisted living, institutional, and industrial facilities. The group serves most of South Florida from coast to coast and handles projects from simple service calls to
new construction. It is currently helping to rebuild the west coast of Florida while installing hundreds of EV chargers and generators and completing 40-year inspection work across the state.
Founded in 1991 and headquartered in Fort Lauderdale, Florida, Hypower employs more than 500 people and has successfully completed thousands of projects valued at over $1.2 billion. Hypower is licensed to operate in more than 30 states and consistently ranks at the top of its class nationally for its exemplary safety and innovation record within the construction market.
Hypower consistently emphasizes safety from an employee, job site, and public safety perspective. Widely recognized for its industry excellence, Hypower is currently ranked as a TOP 20 electrical contractor in the nation by Associated Builders and Contractors (ABC). This national U.S. trade association also placed the company on its 2022 Top 200 Performers list. As a result Hypower has been honored with ABC STEP Platinum Awards for Safety Training consecutively since 2013.
For more information on Hypower or to request a service quote, visit www.hypowerinc.com/service
Landex Resorts International
Platinum Level Winner—Management Companies (Winner 2024 and five previous RCA wins)
Thank you for recognizing us in the Reader’s Choice awards for outstanding management. Based on the west coast of Florida, since 1981 Landex has been providing services to associations from central to south Florida. For years Landex has enjoyed many professional relationships within the industry. We are proud members of many area Chambers of Commerce, the Better Business Bureau, American Resort Development Association, Community Associations Institute, Realtor Associations, and the Florida Community Association Journal , to name a few. Our team
collectively manages over $10 billion in insurable assets for over 4,000 residential, commercial, timeshare, and vacation plan association clients in our portfolio. In addition, our team produces over $3 million in rental revenue annually for our owners through their vacation rental program.
President and CEO Ruth Anglickis worked with the owner of Landex for over 65 years. She has been instrumental in the development and management of the associations in Landex’s portfolio. She brings a multi-faceted business sense to the company, offering first-class public relations, and works to uphold the corporate image. Ruth finds purpose in helping
people, and associations we manage enjoy a new quality of life.
Vice president Robyn Rocco has been with the firm for 16 years. As COO she oversees all the day-to-day operations, administrative employees, and portfolio account managers. Robyn is a licensed CAM and real estate agent. She has an associate degree in business and bachelor’s degree in interior design and has been instrumental in the awarding of Landex associations for green initiative programs and green lodging certifications.
Landex is happy to announce that Leonardo Lucena, a 10-year veteran general manager at a timeshare property managed by the firm, has recently been named as their newest regional manager, overseeing their east coast operations. Leonardo has a bachelor’s degree in business administration and real estate and brings a wealth of knowledge and experience in the market. Landex looks forward to growing the company and serving more associations.
For more information about Landex, call 239-3695848 or 561-562-8490 or visit www.landexresorts.com n
Truist Association Services
12485 28th Street N
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Rick Carroll Insurance 2160 NE Dixie Highway
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The Turner Insurance Advisor Group 2121 NE Coachman Road Clearwater, Florida 33765 www.turnergroupfl.com
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Allied Property Group Inc.
12350 SW 132 Court, Suite 114 Miami, Florida 33186 305-232-1579; 239-241-6499 www.alliedpropertygroup.net
Providing service to South Florida since 2003. Condominium Associates 3001 Executive Drive, Suite 260 Clearwater, FL 33762 866-259-3983 kbramhall@condominiumasso ciates.com CondominiumAssociates.com
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LJ Services Group 1060 Kane Concourse Miami Beach, FL 33154 305-397-8004
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MAY Management Services, Inc. 5455 A1A South St. Augustine, Florida 32080
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Over 20 years in Northeast Florida!
Qualified Property Management 5901 US Highway 19, Suite 7 New Port Richey, Florida 34652
877-869-9700
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Proudly Serving HOA, COA, Co-ops, Master Planned Comm. Assoc.
5523 W. Cypress Street, Suite 102 Tampa, Florida 33607 866-403-1588 www.RealManage.com Serving Orlando and Tampa Communities.
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407-730-9872
www.towerspropertymgmt.com
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