FLCAJ — April 2025

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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.

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Helpful Advice for Homeowners’ Associations

Stormwater Pond Management: Aren’t Nutrients in the Water Good?

Apples-to-Apples Security Bids: A Guide for Community Associations on Making Informed Decisions

How to Avoid Common HOA Leadership Pitfalls

HOA Finances in the Digital Age: Cogent Bank’s Commitment to Online Banking Safety

Winds of Change—Post-storm Material Alteration Considerations for Condominiums

HOA Communities, Take a Strong Look at Your Reserves

“It’s a Trap!” A Survival Guide to Understanding the Differences Between the Homeowners’ Association Act and the Condominium Act

Rembaum’s Association Roundup

Not All Expenditures Can Be Collected from Delinquent Owners as Part of the Collection/Foreclosure Process—Why Not?

6 36 42 78 84 89 92 20 26

Journal Notes

Readers' Choice Awards Spotlight

FCAP Community

CAM Matters—Betsy Barbieux

Financial Services, Legal Services, and Management Companies Directories

Products and Services Directory

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Questions and Reflections over Florida’s New Ban on HOA Parking Restrictions

Florida Law

Duty to Maintain in Good Working Order: But, Must the Association Replace?

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Journal Notes

Welcome to April, and Happy Easter!

On page 8 Michelle Kaiser with Becker focuses on seven noteworthy differences between the Homeowners’ Association Act and the Condominium Act. She compares and contrasts HOAs and condominiums in the following areas: election procedures, quorum election exceptions, director term limits, co-owners serving as directors, websites, fines, and material alterations.

Turn to page 20 to read the article by Nicole Kurtz of Siegfried Rivera. She has written about the Florida legislature’s ban on HOA parking restrictions. Kurtz shares that the legislature, “…enacted a new law prohibiting communities from preventing owners and tenants, as well as their guests or invitees, from parking pickup trucks and commercial vehicles (regardless of official insignia or visible designation) in driveways or other areas in which parking is allowed by state, county, and municipal regulations.” Commercial motor vehicles that weigh in excess of 26,000 pounds or that have three or more axles—cement and semi-trucks—would still be able to be banned. However, as the article lays out, there are still unanswered questions and ambiguities that will need to be worked through.

The April issue also focuses on those who reside in homeowners’ associations. Leaf through the magazine to page 30 and read the article “Helpful Advice for Homeowners’ Associations” to have several best practices shared about HOA living.

On page 50 Solitude Lake Management writes on the topic of stormwater pond management. They detail why abundant nutrients in HOA water bodies can create harmful water quality balances and how to implement best practices to address this issue.

Flip to page 58 to read Envera’s article on “Apples-to-Apples Security Bids.” They share that the first step is to evaluate the current system to determine what is working and what pain points exist. They also point out that it is helpful to specify the parameters of your RFP (Request for Proposal) and to obtain bids from several providers.

Additional articles in this issue deal with common HOA leadership pitfalls, how to secure HOA finances in the digital age, post-storm material alteration considerations, and why communities should take a strong look at their reserves.

If you have any comments, reach out to FLCAJ at 800-443-3433 or email mhamline@fcapgroup.com.

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“It’s

a Trap!”

A Survival Guide to Understanding the Differences Between the Homeowners’ Association Act and the Condominium Act

BY MICHELLE KAISER, ESQ.

This article will focus on seven noteworthy differences between Florida’s Homeowners’ Association Act (Chapter 720, Florida Statutes, hereinafter the “HOA Act”) and Florida’s Condominium Act (Chapter 718, Florida Statutes, hereinafter the “Condominium Act”) (2024), with a focus on HOAs to serve as a helpful resource for community association managers and board members alike when navigating the operations of their associations.

From the perspective of a community association lawyer, these differences often lead to common pitfalls that can result in legal disputes. Should you have any questions, it is always

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important to consult with your association’s legal counsel.

ELECTION PROCEDURES

The key takeaway with homeowners’ association elections is that managers need to follow the association’s own established procedures. The HOA Act requires elections of directors to be conducted in accordance with the procedures set forth in the governing documents of the association.

In contrast, elections in a condominium association are highly regulated by statute. For example, the Condominium Act requires condominium associations to transmit the first notice to each unit owner eligible to vote at least 60 days prior to the election and annual meeting. At least 40 days before the election, unit owners or other eligible persons who desire to be a

MICHELLE H. KAISER, SENIOR ATTORNEY, BECKER

Michelle H. Kaiser is a senior attorney in Becker’s Community Association Law practice group working out of our Naples office. As general counsel for both commercial and residential community associations, Ms. Kaiser drafts governing documents and amendments thereto; dispenses legal and practical advice regarding day-to-day disputes between community associations, owners, developers, and governmental entities; assists community associations with the legal aspects of recovering from a major hurricane; prepares contracts, addendums, and modifications and assists in contractual negotiation and contractual dispute resolution; gives legal advice regarding requirements of the governing documents and the laws regarding elections, financial operations, insurance, assessment collection, and maintenance, repair, and replacement; prepares clients for elections, meetings of the board/members, and handling disasters; and handles community association-related litigation and enforcement issues. For more information, visit www.beckerlawyers.com.

candidate must give the association their notice of intent. At least 35 days before the election, the candidates may furnish the association with a candidate information sheet. At least 14 days before the election but not more than 34 days before, the association must transmit a second notice to each unit owner eligible to vote in the election and include the meeting notice, agenda, a ballot which includes all eligible candidates, and any candidate information sheets received.

There is no similar election procedure in the HOA Act. Presumably

because the “condominium-style” election procedure and advanced nomination process is familiar and well-defined, some homeowners’ association boards and managers may be tempted to utilize it without regard for the procedures set forth in the association’s governing documents. This is a common mistake that must be avoided.

If your homeowners’ association’s governing documents do not have a well-written election procedure, or you would like to utilize the more streamlined “condominium-style” election procedure and your governing documents do not otherwise provide for it, you should consult with the association’s legal counsel and discuss amending your governing documents.

ESTABLISHING A QUORUM FOR ELECTIONS

There is no quorum exception for elections of directors in the HOA Act like there is in the Condominium Act. The Condominium Act provides that there is no quorum requirement for condominium association elections. However, at least 20 percent of the eligible voters must cast a ballot to have a valid election. There is no similar provision in the HOA Act, which requires 30 percent of the total voting interests to establish a quorum unless a lower number is provided in the bylaws.

TERM LIMITS FOR DIRECTORS

The HOA Act does not impose term limits for directors. The Condominium Act provides that condominium association directors are “termed out” after eight years for board terms that began on or after July 1, 2018. Specifically, the Condominium Act states,

A board member may not serve more than 8 consecutive years unless approved by an affirmative vote of unit owners representing two-thirds of all votes cast in the election or unless there are not enough eligible candidates to fill the vacancies on the board at the time of the vacancy. Only board service that occurs on or after July 1, 2018, may be used when calculating a board member’s term limit.

ELIGIBILITY OF CO-OWNERS TO SERVE AS DIRECTORS

Co-owners of a parcel are not prohibited by the HOA Act from serving as members of the board of directors at the same time. However, the Condominium Act precludes

co-owners of a unit from serving as members of the board of directors at the same time unless they own more than one unit or unless there are not enough eligible candidates to fill the vacancies on the board at the time of the vacancy.

WEBSITES

Homeowners’ associations that have 100 or more parcels were required to have a website by January 1, 2025. This differs from the timeframes in the Condominium Act, which required condominium associations managing a condominium with 150 or more units to have a website by January 1, 2019; and now condominium associations managing 25 or more units must have a website by January 1, 2026.

FINES

The HOA Act does not prohibit a fine from becoming a lien against a parcel if it is $1,000 or more. The Condominium Act prohibits a fine from becoming a lien against a unit in any amount.

MATERIAL ALTERATIONS AND SUBSTANTIAL ADDITIONS

The HOA Act is silent as to material alterations and substantial additions. If a condominium association, however, is seeking to make what is referred to as “material alteration” or “substantial addition” to the property, the Condominium Act requires approval of 75 percent of the total voting interests (there is usually one “voting interest” per unit) unless the declaration of condominium provides otherwise. There is no similar requirement in the HOA Act. n

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REMBAUM'S ASSOCIATION ROUNDUP

Not All Expenditures Can Be Collected from Delinquent Owners as Part of the Collection/Foreclosure Process—Why Not?

BY JEFFREY A. REMBAUM, ESQ.

It is clear that Florida’s community association collection/foreclosure legislation allows associations to foreclose an owner’s home for nonpayment of assessments. However, not all of the monies expended by an association fit into the definition of an assessment. For example, let’s say that an association has a right to correct a deficiency on an owner’s lot, but the declaration of covenants at issue does not support converting the money spent into an assessment. In that event, the monies expended by the association would have to be recovered as part of a breach of contract action rather than as part of an assessment/foreclosure action. Sometimes, however, the declaration will provide that the monies expended

Photo courtesy of Kaye Bender Rembaum

can be treated as an assessment. If that is the case, then before those expenditures can be included as a part of the collection/foreclosure process, the board would need to convert the expenditure into an assessment against the noncomplying owner. (As to how that is done, you can discuss it with your community association’s attorney.) Florida’s collection/ foreclosure legislation also provides for recovery of certain costs incidental to the collection/foreclosure process, but recovery of such cost must be rooted in a statute or by contract (i.e., the declaration of covenants).

Let’s look at the fee charged by a management company for sending the notice of late assessment letter, often referred as a NOLA letter, as required by Florida Statute, and determine

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

whether it is a recoverable cost in an association’s collection/foreclosure action and whether including the NOLA fee as a part of the association’s collection/foreclosure proceedings violates the Federal Fair Debt Collection Practices Act (the Act).

The Act was passed into law because of abundant evidence of the use of abusive, deceptive, and unfair debt collection practices. It does not matter whether a debt collector used their best efforts to comply with the Act. Only strict compliance matters when it comes to the enforceability of the Act against a debt collector. Clearly, the association is not considered a “debt collector” pursuant to the Act and, for the most part, neither are management companies, with this caveat: the pendulum may swing

in the future to the notion that management companies are, in fact, debt collectors. It seems that at least for the time being they are shielded from the Act. However, what is patently clear is that an attorney who provides collection/foreclosure services to assist their association clients with delinquent assessments is certainly considered a “debt collector.” Therefore, the attorney must be vigilant when reviewing the delinquent owner’s account ledger to ensure that the items set out in the ledger can lawfully be included in the association’s collection/foreclosure action. A recent case reminds us of this fact.

On February 4, 2025, in Glover v. Ocwen Loan Servicing, Case no. 23-12578 & 12579 (11th Cir. Fla. 2025), the 11th Circuit of the Federal Court of Appeals

found that Ocwen as a debt collector violated the Fair Debt Collection Practices Act when it charged consumers an optional fee when making expedited mortgage payments because the loan servicer charged an amount that was not expressly authorized by the agreement creating the debt or permitted by law. The takeaway from this case is that a debt collector can only collect debts that are authorized by law or by contract with the debtor.

It was only several years ago that the Florida legislature enacted into law the requirement that an association assessment debtor must be provided the NOLA correspondence from the association providing the debtor a final opportunity to pay their delinquent assessment debt prior to turning the matter over to the association’s legal counsel to commence collection/foreclosure proceedings where fees and costs accrue against the debtor. See S. 718.121 and S. 720.3085, Fla. Stat.

Management companies are typically tasked with preparing and sending the NOLA letter on behalf of the associations they manage before turning the file over for collections to the association’s attorney. In this regard, a management company that is charging such a fee but has not amended its contract with the association to provide for charging the fee for the notice of late assessment would be wise to consider amending its contract with the association they represent to provide for this charge. Doing so would ensure that the management company, even though it may not be considered a “debt collector,” would have a solid basis for charging the fee because it would be based on a contractual obligation charged to the association. This is important because the NOLA, as mandated by Florida Statutes, does not at all provide for the recovery of

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a fee in regard to sending such a letter. So, while management companies may not be considered a “debt collector” today, this could change in any new case at any time. Why take the chance?

Now, let’s analyze whether the attorney who is collecting the past due assessment debts for the association can include the management company’s NOLA fee paid by the association to the management company in the collection/foreclosure action against a delinquent owner. Keep in mind, as we go through the analysis, that the “debt collector” (in this case, the attorney) can only collect debts authorized by contract or by law, and also remember that the relevant laws governing the NOLA letter do not provide for a specific cost recovery for the management company sending of the notice of late assessment letter. Thus, at a minimum, there should at least be a contractual obligation that the association pay the management company for sending the NOLA letter. But that may not always be the case even though it is the better practice.

Part and parcel with the collection/foreclosure process is the recording of an association assessment lien. To be valid, such a claim of lien must state the description of the parcel, the name of the record owner, the name and address of the association, the assessment amount due, and the due date. The claim of lien secures all unpaid assessments that are due and that may accrue subsequent to the recording of the claim of lien and before entry of a certificate of title, as well as interest, late charges, and reasonable costs and attorneys’ fees incurred by the association incident to the collection process.

So, while the relevant statutes do not provide for the association to be able to recover a fee for the sending of the NOLA letter, it certainly should be considered a “reasonable cost incurred by the association incident to the collection process,” most especially when the fee charged for sending the NOLA letter is a contractual obligation between the association and the management company.

There even exists an argument that, even if the management contract between the association and the management company does not provide that the association is responsible to pay the management company for

PART AND PARCEL WITH THE COLLECTION/ FORECLOSURE PROCESS IS THE RECORDING OF AN ASSOCIATION ASSESSMENT LIEN.

TO BE VALID, SUCH A CLAIM OF LIEN MUST STATE THE DESCRIPTION OF THE PARCEL, THE NAME OF THE RECORD OWNER, THE NAME AND ADDRESS OF THE ASSOCIATION, THE ASSESSMENT AMOUNT DUE, AND THE DUE DATE.

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the preparation and sending of the notice of late assessment, it is still considered a “reasonable cost”; but when you plug in the holding of the aforementioned case, the collection of the cost associated with the NOLA letter by the debt collector (i.e., the attorney representing the association), the better practice is to ensure that the contract between the management company and the association contains a provision that the association is responsible to pay the management company a reasonable fee for each such notice of late assessment letter sent.

Perhaps now you have a better understanding of why, at times, the association’s collection/foreclosure attorney cannot include a particular line item on the delinquent owner’s account ledger in the collection/foreclosure action. If you have any questions regarding the collection/foreclosure process, most especially which charges can and cannot be included, please be sure to discuss them with your association’s attorney. n

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Questions and Reflections over Florida’s New Ban on HOA Parking Restrictions

BY NICOLE R. KURTZ

The Florida legislature has enacted several new laws during the last few years addressing some common rules and restrictions within homeowners’ associations that had traditionally been aimed at maintaining community aesthetics. Among these are new laws barring HOAs from restricting owners from installing, displaying, or storing any items in their backyards or other areas within their parcel that are not visible from the street or neighboring properties, and eliminating an association’s ability to levy fines or suspensions for leaving garbage receptacles at the curb or end of the driveway for 24 hours before or after the designated garbage collection day or time.

Photo by iStockphoto.com/AndreyPopov

One of the changes with the most significant impact was implemented last year and addressed parking restrictions. In an effort by the state’s lawmakers to force many HOAs to rethink their rules against the parking of pickup trucks and commercial vehicles within their communities, lawmakers precluded the inclusion of some fairly common restrictions from any future use in HOA governing documents.

Restrictions prohibiting the parking of pickup trucks and commercial vehicles, which for the most part was understood to mean any vehicles with added signage or insignias for marketing purposes, have been enforced by Florida associations for decades. Such vehicles have been perceived as detriments to community aesthetics that negatively impacted their overall appeal and property values, so they were banned from over-

NICOLE R. KURTZ, SHAREHOLDER, SIEGFRIED RIVERA

Nicole R. Kurtz is a shareholder with the South Florida law firm of Siegfried Rivera who focuses on community association law. She is based at its Coral Gables office and is a regular contributor to its Newsroom blog at www.SiegfriedRivera.com/blog. The firm also maintains offices in Broward and Palm Beach Counties, and its attorneys focus on community association, real estate, construction, and insurance law. For more information call 800-7371390, email NKurtz@SiegfriedRivera.com, or visit www.SiegfriedRivera.com.

night parking in owners’ driveways as well as in other areas in the community.

However, in an effort to force HOAs to do away with restrictions lawmakers perceived to be outdated and archaic, the legislature implemented a major change as of last July. It enacted a new law prohibiting communities from preventing owners and tenants, as well as their guests or invitees, from parking pickup trucks and commercial vehicles (regardless of official insignia or visible designation) in driveways or other areas in which parking is allowed by state, county, and municipal regulations. The only vehicles communities would be allowed to ban from parking would be commercial motor vehicles weighing in excess of 26,000 pounds or with three or more axles, e.g., cement- and semi-trucks.

While the law seems clear, it actually carries several significant ambiguities

that leave room for interpretation, which could lead to potentially costly and contentious litigation. First, it may be argued that because governmental parking laws only apply to public streets and not those that are privately owned and maintained by associations, the ban against these parking restrictions may not apply to gated communities with private roadways.

Additionally, the question over whether the law applies retroactively to associations that already had such parking restrictions in place, or if it only applies to association documents enshrined after it took effect last July, could also leave the door open to litigation. The arguments for confining its application only to associations that did not already have such restrictions in place begins with the fact that new laws are not typically applied retroactively.

From the language in the new statute, it is unclear whether it was intended to apply retroactively to existing HOA parking restrictions. That may be because the lawmakers are cognizant of the contractual rights granted under both the U.S. and Florida constitutions. Association declarations are akin to a contract that has been agreed upon between associations and their unit-owner members, so laws changing the terms of their existing provisions may be found to be unconstitutional.

To circumvent such questions pertaining to the application of new laws to existing association governing declarations, some associations include what is known as “Kaufman language” to automatically incorporate and adopt legislative changes whenever they go into effect. The new parking-restriction ban should apply to HOAs with such language in their recorded declarations even if they had such prohibitions in place, but those without it may argue that it does not apply retroactively and could

TO CIRCUMVENT SUCH QUESTIONS PERTAINING

TO THE APPLICATION OF NEW LAWS TO EXISTING ASSOCIATION

GOVERNING

DECLARATIONS, SOME ASSOCIATIONS INCLUDE WHAT IS KNOWN AS “KAUFMAN LANGUAGE” TO AUTOMATICALLY INCORPORATE AND ADOPT LEGISLATIVE CHANGES WHENEVER THEY GO INTO EFFECT.

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decide to keep their rules as they stand.

One approach to this new law for HOAs with such existing parking restrictions is to view it as emblematic of the evolution of pickup trucks and work vehicles in American society. While they were once thought of as unsightly, many now consider them to be attractive and popular options for drivers seeking vehicles that serve multiple purposes.

Association directors should reflect on the fact that such parking restrictions, which will no longer be found in new communities formed after the law went into effect, could limit their community’s appeal to a large class of potential buyers and tenants.

Prospective owners may inquire about how the community interprets and applies the new law, and the continued use of the parking restrictions could negatively impact their purchase decision and, consequently, the property values for the enclave.

Directors should also recognize the fact that eliminating such restrictions could diminish the potential for owner disputes that would best be avoided.

Such issues and approaches to addressing the new vehicleparking law should only be considered by HOA directors working in close consultation with highly experienced association legal counsel after careful reviews of their governing documents. The stances they take could lead to litigation with highly uncertain outcomes, so it behooves directors to tread carefully if they wish to seek to avoid the potential costs and vicissitudes of contentious legal battles. n

Duty to Maintain in Good Working Order: But, Must the Association Replace?

BY MICHAEL J. GELFAND, ESQ.

W

hat happens when something structural ages beyond its useful life? Must it be replaced? If a replacement is required, who must pay?

Recently a Florida appellate court addressed the issue of whether a duty arising from an agreement to maintain the property “in good working order, ordinary wear and tear excepted” included an obligation to replace the property. The situation arose in a country club context that may ring familiarly to readers, Florida homeowners’ associations that have covenants that are similar to and frequently treated as contracts.

The facts reported in Grand Harbor Golf & Beach Club, Inc v. Grand Harbor Golf Club, LLC, 49 Fla. L. Weekly D 2390 (Fla. 4th DCA, November

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27, 2024), concern a Florida country club community with two golf courses that was established in the 1990s. The agreement with the developer was described as providing that the developer was required to maintain the club facilities “in good working order, ordinary wear and tear excepted.”

The appellate decision reported that 30 years later, before turnover of the club, consultants assessed the condition of the property. They indicated that some of the club assets, such as the golf courses and irrigation systems, were beyond their useful lives and required replacement to the tune of over $11 million. Without replacing or repairing the assets, the club was turned over to the members.

The club then sued the successor to the developer for

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.

breach of contract and breach of fiduciary duty. The trial court granted judgment for the developer, finding that the governing documents, which included the original agreement with the developer, did not create a duty for the developer to replace assets that could no longer be repaired. This led to an appeal.

Why did the Florida appellate court agree with the decision of the trial court? The appellate court began by looking at the definition of the word “maintain.” Relying on Black’s Law Dictionary, the word “maintain” means to care for property for purposes of “operational productivity or appearance; to engage in general repair and upkeep.” The court

concluded that the meaning of “maintain” does not include the duty to replace assets beyond their useful life.

Continuing, the appellate court held that “The ordinary meaning of ‘maintain’ does not encompass replacement or reconstruction of physical assets.” Further, the word maintain “is commonly understood to involve general repair and upkeep necessary to keep property operational for its intended use.” Therefore, the court found that the developer’s obligation to “maintain” club facilities in good working order did not include the duty to replace assets that aged beyond their useful life.

What is the bottom line? We all know that with the passage of time, physical structures and other physical assets will “age out.” In this dispute there was an irrigation system and a golf course. Closer to home, buildings, fences, paving, and pools wear out.

If an owner, such as a Florida community association, was only responsible for keeping assets in good working order, ordinary wear and tear excepted, then this decision holds that there is no duty to replace assets that have aged out beyond their useful life.

Many Florida communities will need to review their covenants—their “governing documents,” if you would—to see what their duty is.

Florida condominium associations may also be affected by this decision even if there is silence in the Declaration and the Condominium Act providing certain duties to replace IF AN OWNER, SUCH AS A FLORIDA COMMUNITY ASSOCIATION, WAS

Maintaining a healthy lake or pond can be a struggle. We get it! That’s why the experts at SOLitude partner with communities and provide customized, sustainable solutions that can help you avoid the frustrations and achieve clean, beautiful water.

condominium property in Section 718.113, Fla. Stat. (2024). Condominium associations may have contracts other than the Declaration, such as service agreements that intend to draw a line between repair and replacement.

Finally, though the term “reserves” seems to be a frowned-upon concept by many, when planning for long term replacement, putting funds aside for replacement may be fiscally helpful.

ENFORCEMENT OF THE CORPORATE TRANSPARENCY ACT: WHO IS ON FIRST? TO BE OR NOT TO BE?

Here we go again!

Paraphrasing the immortal words of Yogi Berra, “It’s déjà vu all over again.” The recurring question is, does the

Corporation Transparency Act apply to Florida associations? If so, when do the reporting requirements begin?

As a recap, in 2021 the United States Congress passed the Corporate Transparency Act (CTA), which requires nonexempt companies to report the identity of their beneficial owners, with a reporting deadline of January 1, 2025. This Act currently applies to Florida condominium and homeowner associations. The CTA was enacted with the purpose of targeting illicit financial activity, and various businesses have challenged its constitutionality.

If you are keeping score, on December 3, 2024, the United States District Court for the Eastern District of Texas entered a nationwide injunction enjoining enforcement of the CTA. On December 23, 2024, the United States Court of Appeals for the Fifth Circuit granted the government’s emergency motion for a stay of the injunction. Three days later, the Fifth Circuit vacated the order staying the injunction enjoining enforcement of the CTA. In other words, right now enforcement of the CTA is on hold. Other District Courts have held that the CTA is constitutional and one court has held that it is unconstitutional.

As anticipated, this dispute is now up to the United States Supreme Court. Note that the issue does not include whether community associations are covered by the CTA. The issue is whether there should be a stay to allow for a decision on constitutionality.

Many Florida community associations also have a storm-triggered six month filing extension to June 30, 2025.

How will this turn out? Stay tuned! n

We understand the challenges Florida communities face because we

or unexpected issues arise, we don’t just watch from the sidelines We

and the support your association needs to stay strong

Helpful Advice for Homeowners’ Associations

Editor’s Note: The following best practices are provided to help board members in HOAs save themselves from spending extra money, compounding their association’s problems, or wasting their valuable time. Though this counsel can’t cover every scenario, FLCAJ trusts what is covered will be of beneficial use.

STRONGER, SMARTER, AND READY: HOW FLORIDA’S PROPERTY MARKET IS BOUNCING BACK

By Atlas Insurance Agency

Hurricanes are a fact of life in Florida, but let’s be real—nobody wants to relive the postIan insurance nightmares. The good news? The recovery after Hurricane Milton proves that communities are getting smarter, stronger, and better prepared.

Recent legislative changes, like eliminating one-way attorney fees and Assignment of Benefits (AOB), are helping curb unnecessary lawsuits that once drove up costs, but more is needed to stabilize premiums.

Maintenance and planning matters. Roofs, the first line of defense, are now built to tougher standards. Associations replacing aging roofs, repairing damage early, inspecting annually, and building reserves are seeing fewer surprises. Insurance carriers have tightened guidelines but are rewarding well-maintained properties.

What’s the takeaway? Being proactive pays off. Community associations that invest in upkeep and review their coverage annually are seeing fewer surprises and lower long-term costs. A storm might shake things up, but the best-prepared communities stand tall.

Photo by iStockphoto.com/felixmizioznikov

Make sure your community is ready. Call 941-552-4113 or visit atlasinsuranceagency.com today.

KEY FACTORS TO FORMING A GREAT HOA BOARD

By Enumerate

Building a strong HOA board is key to effective community governance. When forming or refreshing your board, consider the following factors to ensure success:

Select Reliable Members— Choose individuals who are actively engaged, responsive, and open to governance training.

Aim for a Diverse Team—A board with varied skills—such as finance, legal expertise, and

mediation—makes for more balanced decision-making.

Focus on Problem-Solving—Prioritize finding solutions over strictly enforcing rules. Homeowners prefer a board that handles issues proactively.

Ensure Strong Communication—Transparent, consistent communication fosters trust and enhances resident engagement.

Define Roles and Responsibilities—Clear role definitions from the start prevent confusion and improve board efficiency.

By combining dedicated board members with the right tools, your HOA can foster a well-managed, thriving community.

Download the full guide at https://hubs.li/Q0390kXP0 or call 1-800-7609966 to learn more about Enumerate.

NON-BANK FINANCING FOR YOUR HOMEOWNERS’ OR CONDOMINIUM ASSOCIATION

By Gelt Financial

Are banks denying your loan request or taking too long? Many of you are responsible for making financial decisions for your board, so when urgent funding is needed for projects like roof replacements or A/C unit repairs, we can get you financed in weeks! No personal guarantees, no real estate collateral, and no deposits required. Since 1989 Gelt Financial has been a non-bank, direct lender to condominium and homeowners’ associations nationwide. We are here to help your association with emergency repairs, capital improvements, and cash shortfalls. Loan amounts

Continued on page 34

CONDO & HOA BOARD MEMBER CERTIFICATIONS

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Continued from page 31

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For more information about Gelt Financial, please email info@ geltfinancial.com or visit www. GeltFinancial.com

NAVIGATING COA/HOA MEDIATIONS

By Judy Johnston, J.D., LCAM

You’re a COA/HOA board member representing the association at a mediation. What should you know and expect?

Your association is probably mediating because it is considering filing a lawsuit against an owner for violating the CCRs. Mediation is a process to resolve the disagreement before incurring trial costs.

Mediation is usually done via Zoom using a neutral mediator. The mediator leads confidential discussions, working with both sides to reach an agreement. Each party presents their side without interruption. Next, parties go into breakout rooms to meet with the mediator privately. The following are three useful tips for the mediation process:

1. Bring a positive attitude and willingness to listen.

2. The HOA is in a strong position due to the documents—defensiveness is therefore unnecessary and unhelpful.

3. Compromise can be a good thing and saves money.

Through an information exchange and some flexibility, disputes are resolved amicably. You leave with a signed agreement and no court costs!

For more information, contact Judy Johnston of Johnston Mediations at 727-355-4669 or go to JohnstonMediations.com. Practical Solutions to Tough Problems.

IS YOUR PLAYGROUND SAFETY SURFACING UP TO PAR?

By Richard Hegelberg

Kidstuff Playsystems Inc. is an IPEMA-certified American manufacturer of commercial playground equipment. However, our services go far beyond just the playground equipment. Our sales reps will inspect your playground and make recommendations for your

safety surfacing as well. Falls from the equipment due to inadequate safety surfacing below are the most frequent cause of serious injuries and generate the most lawsuits. As the owner of a commercial playground, it is your responsibility to maintain the play area in a safe condition. Contact us at 1-800-255-0153 to schedule a site inspection. We will be happy to provide you with new play equipment and installation services as well.

Visit us at www.kidstuffplaysystems.com or reach us at rhagelberg@ kidstuffplaysystems.com.

PROPERTY MANAGEMENT SHOULD BE SMART, EFFICIENT, AND ACCESSIBLE

By Mark Bush

Starting January 1, 2026, Florida law requires all condominiums and homeowner's associations (HOAs) with 25 or more units to maintain a secure, compliant website. If your community association doesn’t have one yet, now is the time to act!

Failure to comply with these new regulations could lead to penalties, legal challenges, and frustrated homeowners. Fortunately, getting your website up to standard doesn’t have to be a hassle or break the bank.

How to quickly and affordably ensure compliance

Building and maintaining your own secure HOA website can be

www.FCAPgroup.com/subscribe_now.cfm or call 800-425-1314 email: info@FCAPgroup.com

costly and time-consuming. That’s where UpperBee Condo Core comes in.

Why choose UpperBee Condo Core?

Fully Compliant—Meet all Florida HB 1023 requirements, from document management to secure communication.

Affordable—A fraction of the cost of developing and maintaining your own portal.

Quick and Easy Setup—Be up and running in minutes, ensuring your HOA is compliant well before the deadline.

For more information about UpperBee, visit www.upperbee.com n

Reasonable fees and practical solutions.

READERS' CHOICE AWARDS SPOTLIGHT

Editor’s Note: FLCAJ would like to congratulate these five outstanding 2025 Readers’ Choice Awards winners! (For a full list of 2025 RCA winners, please read the March 2025 issue or visit www.fcapgroup.com/flcaj/readers-choice/

Becker

Diamond Level Winner—Legal Services (Winner 2025 and ten previous RCA wins)

For the eleventh consecutive year Becker has earned your vote as a Diamond Level Readers’ Choice Award winner. We are very grateful to the readers, clients, and industry friends who have placed their trust in us to educate, protect, and advance the interests of shared ownership communities of all types, sizes, and locations throughout Florida. We are proud to have the largest number of Florida community association lawyers under one roof who are recognized for excellence in the community association industry by virtue of their membership in the prestigious College of Community Association Lawyers (CCAL). Additionally, Becker ranks first in having the most board-certified attorneys, specifically in Condominium &

Planned Development Law (25) and Construction Law (18), among all law firms in Florida. For more information about Becker, visit www.beckerlawyers. com.

Castle Group

Diamond Level Winner— Management Companies (Winner 2025 and 11 previous RCA wins)

Castle Group is the premier choice for property management; we specialize in serving the finest residential communities. With 2,800-plus dedicated team members, we are the preferred service provider for more than 500 associations. Our philosophy stays the same no

matter where we are— putting the resident first. At Castle, we call it Royal Service®

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

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

Hinterland Group

Diamond Level Winner—Construction, Engineering & Building Services (Winner 2025)

Hinterland Group is the Southeast’s premier trenchless technology leader, providing innovative pipeline rehabilitation solutions since 2006. Our Diamond Level recognition in the Florida Community Association Journal ’s Readers’ Choice Awards affirms our decade-plus commitment to excellence in water and wastewater infrastructure management.

We maintain trusted partnerships with numerous government entities, including:

• Palm Beach County

• Martin County

• Charlotte County

• Manatee County

• Polk County

• Seminole County

• Clay County

• FDOT

Our comprehensive expertise includes:

• CIPP (Cured-In-Place Pipe) Technology

• Spray Applied Geopolymer (SIPP)

• Trenchless Sewer Repair

• Manhole Coating

• Stormwater Management

• Wastewater Treatment Solutions

• Sewer Service Lateral Lining

What sets Hinterland apart is our unwavering commitment to environmental sustainability alongside safety excellence. Our innovative approaches minimize community disruption while maximizing infrastructure longevity and reliability. At Hinterland safety isn’t just policy—it’s our core value, demonstrated through daily toolbox talks, comprehensive hazard analysis, and regular third-party audits that ensure the highest quality standards on every project, regardless of size.

For more information about Hinterland Group, call 561-640-3503, email ccancio@hinterlandgroup.com, or visit www.hinterlandgroup.com

Kings III Emergency Communications

Diamond Level Winner—Elevators, Safety and Security, and Technology and Communications (Winner 2025 and seven previous RCA wins)

Kings III Emergency Communications has been a leader in emergency phone solutions for over three decades, providing reliable, code-compliant systems for elevators, poolside areas, stairwells, and

Outdated emergency systems leave your community vulnerable—we're here with solutions. Kings III delivers cutting-edge technology with options that meets evolving elevator codes with two-way messaging and video capabilities. Our turnkey cellular technology eliminates unreliable landlines and simplifies compliance. Beyond equipment, we provide 24/7 monitoring by trained professionals who ensure every resident feels secure. Reduce risk, minimize liability, and enhance safety with emergency communications designed for today's challenges—and tomorrow's.

parking facilities. Our allinclusive solution includes equipment, installation, maintenance, and 24/7 dedicated response for one low price. With over three decades of experience and over 125,000 phones monitored nationwide, Kings III is the original elevator telephone line cost eliminator in Florida.

Our in-house elevator code experts hold key certifications and have a large presence on governing regulation committees, so we’re able to guide you through timely concerns, such as replacing your landlines or meeting newly adopted video and two-way messaging codes in your elevator, providing a customized solution that’s compliant and reliable.

Florida has adopted ASME 2019, which can bring about significant changes for your elevator phones. The new code includes requirements regarding how the person answering an entrapment call communicates with those in the elevator for all new builds and any elevators that are being modernized. The summary is as follows:

• Authorized personnel must be able to communicate with trapped passengers who cannot verbally communicate or hear.

• Monitoring parties must be able to notify those in the elevator that help is on the way.

Kings III’s best-in-class solution and in-house code experts are here to help you seamlessly navigate these updated requirements. Learn more about Kings III by calling 833-206-0804, or visit go. kingsiii.com/vms-solution.

Cardinal

Management Group, a RealManage Company

Platinum Level Winner—Management Companies (Winner 2025 and six previous RCA wins)

Cardinal Management Group, a RealManage Company, is a community management firm founded in 1987. We take pride in the communities we serve by offering tailored management solutions that fit your needs.

In the competitive environment of community management, our unyielding focus on service, attention to detail, and professionalism has made Cardinal one of the most respected firms in the industry.

We are a privately held, locally founded firm that seeks to maintain long-term partnerships based upon the concept that our mutual goals are aligned: creating value through superior service at a reasonable cost while maintaining and enhancing the community.

Since opening our doors, we have remained steadfast in our commitment to treat all clients with highly individualized attention.

Today, over three decades later, Cardinal is dedicated to serving your community and its management needs with transparency, leadership, and innovation.

We serve homeowners’ associations, condominium communities, high-rise buildings, and commercial communities in Florida, Virginia, Maryland, Delaware, and Washington, DC.

For more information about Cardinal Management Group, a RealManage Company, call 239-774-0723 or visit www.cardinalmanagementgroup.com n

Community Community

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

BECAUSE YOU ASKED

By Betsy Barbieux, CAM, CFCAM, CMCA

Betsy Barbieux

Betsy,

A quick question—does the board need membership approval to put some of the reserve funds into CDs?

- Skip

Skip,

Unless your documents have some odd requirements, under Chapter 617, Florida Statutes, the board has the authority to invest the funds. Many boards ladder the CDs, so they come due at different times. Break that $200,000 up into four or five smaller CDs. This minimizes large withdrawal penalties on one CD.

- Betsy

Betsy,

I have a few questions.

Does a condominium management firm have the legal/regulatory authority to transfer funds between COA bank accounts without notifying or securing board approval prior to executing the transfer?

Who is charged with monitoring COA bank balances to ensure they do not exceed the $250,000 FDIC insurance limit—the COA board or the condominium management firm?

If a COA owner is overdue on assessment payments to the COA and also has unpaid property taxes outstanding, which party would have priority on the payment stream—the COA or the county that is owed the property taxes?

- Scott

Scott,

The bottom line is, the “buck stops with the board.” The statute does not specify the procedures for transfers. I would consider these procedures contractual, and they are agreed upon between the management company and the board.

The management company will make automatic transfers of funds from operating to reserves every month based on the reserve schedule attached to the current budget. These transfers are required to occur each month.

Other transfers or expenditure of funds are likely approved by the board in advance; but again, it depends on the agreement between the two parties.

Monitoring bank accounts is the responsibility of the board. Likely, management would alert the board of the looming balance/ ceiling.

Both the association and the tax collector have their own remedies. Assessments are paid to the association and property taxes are paid to the tax collector. Neither can “dip” into the other.

- Betsy

Betsy,

I have a question about the letter of intent to run for election. If the current board wants to know who turned in their letter of intent by the deadline, can I tell them?

Thank you for always being here for these little questions that come up!

- Joanie

Joanie,

The notices of intent are not secret, so anyone can know who the candidates will be. Proxies and limited proxies are also NOT secret and can be processed ahead of the meeting. In a condominium or cooperative, the actual ballot is secret using the two-envelope system.

- Betsy

Betsy,

Is there anywhere that says we as board members can get together to discuss projects without calling an official board meeting?

- Frank Frank,

The answer to the question is, no, and there isn’t any specific reference in the statute.

What it says in part is

Section 718.112(2)(c) Board of administration meetings.— . . . Meetings of the board of administration at which a quorum of the members is present are open to all unit owners. Members of the board of administration may use e-mail as a means of communication but may not cast a vote on an association matter via e-mail. . . .

Some owners interpret this as meaning board members can’t even socialize together or be seen talking to each other or riding in the same car.

I believe that interpretation takes this statute way out of context. I don’t have a problem with board members getting together to review a project or bid on work being done (or socializing). But decisions about maintenance and business operations that require signing of contracts or expenditure of unbudgeted money should be done at a properly noticed board meeting with a specific agenda. Depending on how fussy and contentious your owners are or how previous boards have abused this statute will vary from community to community. And remember, I’m not an attorney, so you may wish to consult yours.

- Betsy

EMBRACING COMPLAINTS AND MANAGING EMOTIONS A HEARTFELT PERSPECTIVE FROM MY EXPERIENCE AS AN HOA BOARD MEMBER AND COMMUNITY ASSOCIATION MANAGER

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

Hotwire Communications

FCAP Education Program

Coordinator

Marcy L. Kravit

Throughout my journey as a board member of my homeowners’ association and over two decades as a community association manager, I’ve come to appreciate one of the most powerful yet often misunderstood aspects of community life: complaints. While it’s easy to dismiss complaints as mere negativity, I’ve found that, when approached with the right mindset, they can serve as essential catalysts for growth—both for individuals and for our entire community.

THE TRANSFORMATIVE POWER OF COMPLAINTS

Complaints are not just expressions of dissatisfaction; they are valuable insights. Each concern voiced by a resident is an opportunity to learn about what matters to them and to uncover areas for improvement. In the service industry, this is an integral part of the role.

For instance, when a resident highlighted the lack of communication regarding upcoming events, it initiated a complete overhaul of our notification system. By embracing this feedback, we improved our processes and ensured that everyone felt informed and included. This experience taught me that complaints, though often seen as problems, can ultimately be the springboard for positive changes that benefit us all.

CREATING A SAFE SPACE FOR DIALOGUE

One of the most important lessons I’ve learned is the value of open communication. As a manager, I’ve always strived to foster an environment where residents feel safe expressing their thoughts and feelings. When people believe they will be heard and understood, they are far more likely to voice their concerns. This transparency builds trust, which is the foundation of any successful community. When residents know that their concerns will be addressed thoughtfully and respectfully, it not only leads to better decisionmaking but also fosters stronger relationships within the community.

COMPLAINTS INTO CONSTRUCTIVE SOLUTIONS

What excites me most about addressing complaints is how they can spark collaboration and lead to creative solutions. A complaint doesn’t have to remain just that—it can initiate a meaningful discussion that results in lasting change. For instance, when a resident expressed frustration about limited recreational activities for families, that concern sparked a conversation that ultimately led to the creation of a social committee and a robust community events calendar. This initiative not only made our community more vibrant but also fostered a stronger sense of belonging among residents. Such experiences

have shown me that complaints, when acted upon, can breathe new life into a community.

RESPONDING TO EMOTIONS WITH EMPATHY

Handling complaints also requires managing emotions—both our own and those of the person expressing the complaint. Emotions often run high when someone feels unheard or frustrated, so it’s essential to approach each complaint with empathy and understanding. I’ve learned that when residents voice frustration or anger, it’s not just the issue that needs addressing; it’s also the emotions behind it. I always strive to listen actively, validate their feelings, and acknowledge the impact the issue has had on them. This empathetic approach not only diffuses tension but also fosters a more constructive dialogue, demonstrating that we genuinely care about our residents’ experiences.

BUILDING A SUPPORTIVE, EMOTIONALLY INTELLIGENT COMMUNITY

A key takeaway from my years of experience is the importance of emotional intelligence within both the HOA board and the broader community. When residents, board members, and managers can express their feelings in healthy and constructive ways, it creates an environment where challenges are seen as opportunities for collective growth rather than obstacles that divide us. Encouraging openmindedness, patience, and understanding allows us to navigate disagreements with compassion. We may not always agree with every complaint, but by approaching them with open hearts and a willingness to listen,

we’re more likely to find solutions that satisfy all parties involved.

UNDERSTANDING EMOTIONAL INTELLIGENCE

Emotional intelligence encompasses the ability to recognize, understand, and manage our own emotions, as well as the emotions of others. It involves selfawareness, self-regulation, empathy, and effective interpersonal skills. By honing these abilities, I’ve seen firsthand how they can transform interactions, turning potentially tense situations into opportunities for connection and collaboration.

EMBRACE COMPLAINTS AS TOOLS FOR GROWTH

As we look to the future of our community, I encourage fellow board members, managers, and residents to embrace complaints as powerful tools for growth. Complaints should not be feared or ignored but engaged with thoughtfully and constructively. By creating open channels for dialogue, responding with empathy, and transforming concerns into actionable plans, we not only resolve issues but also build a stronger, more connected community.

I challenge all of us to approach complaints with curiosity rather than defensiveness, to listen with compassion rather than frustration, and to view each concern as an opportunity to enhance our community. By doing so, we create an environment where everyone feels valued, heard, and supported.

Here are five effective ways to handle complaints positively in your community association:

Active Listening—Take the time to listen carefully to the resident’s concerns without interrupting. Show that you value their input by nodding, maintaining eye contact, and paraphrasing their points to ensure understanding.

Empathetic Responses—Acknowledge the emotions behind the complaint. Use phrases like, “I understand how frustrating this must be for you,” to validate their feelings and demonstrate that you care.

Open Communication—Create a welcoming environment for dialogue. Encourage residents to express their concerns openly and assure them that their feedback will be taken seriously and addressed promptly.

Collaborative Problem-Solving—Involve residents in finding solutions to their complaints. This not only empowers them but also fosters a sense of community and shared responsibility.

Follow Up—After addressing the complaint, follow up with the resident to ensure their concerns were resolved satisfactorily. This demonstrates commitment to their well-being and reinforces trust within the community.

BUILDING A BRIGHTER FUTURE THROUGH COLLABORATION

Open dialogue is key to building relationships and fostering growth. By managing our emotions and encouraging open communication, we can transform challenges into opportunities for development.

Positive collaboration, understanding, patience, respect, and progress can nurture a community that supports one another every step of the way.

Together, let’s embrace complaints and turn them into stepping stones for a brighter future!

BY SOLITUDE LAKE MANAGEMENT

Stormwater Pond Management: Aren’t Nutrients in the Water Good? N

utrients are a cornerstone of healthy freshwater ecosystems, playing a vital role in fostering fish, micro-organisms, and native plants. However, perhaps due to the word’s positive connotation, property managers are often surprised to learn that abundant nutrients aren’t always good. Just as ingesting too many vitamins can make you sick, an excess of nutrients can cause harmful water quality imbalances. Like many things in life, moderation is key.

Over time, lakes and ponds become increasingly enriched with nutrients like phosphorus and nitrogen that create fertile conditions for excessive vegetation and algae growth. When it eventually dies and decays, it releases nutrients that fuel new growth. Without intervention, the cycle will perpetually continue until the waterbody fills in with decayed material. This process is called eutrophication or, put simply, aging.

Photo courtesy of SOLitude Lake Management

Beneficial buffer zone

While nutrient enrichment is normal and may occur naturally over hundreds of years, human activities accelerate the aging process and can reduce a pond’s lifespan to just a few decades. Once a pond is filled in, it can only be restored by dredging out all accumulated materials. Dredging is one of the biggest expenses a community will ever face, but by understanding why nutrient enrichment occurs and how to help slow the process, communities can prolong the need for costly dredging for as long as possible.

During storms rainwater picks up nutrient-rich materials and substances as it flows over sidewalks, roadways, agricultural land, construction sites, and other developed areas. The water is diverted to stormwater ponds that are specially designed to prevent flooding and filter out pollutants before

SOLITUDE LAKE MANAGEMENT

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

the water is released downstream. Most urban ponds, particularly in homeowners’ associations, are man-made for this purpose.

Some of these nutrient-rich materials include the following:

• Lawn and garden fertilizers

• Grass clippings

• Leaves and yard debris

• Eroded sediment

• Pet waste

• Septic system runoff

• Trash

Unsightly weeds, slimy mats of algae, and toxic blue-green algae (cyanobacteria) are common signs that your waterbody is over-enriched with nutrients. If water quality tests reveal that nutrients are above desirable thresholds, communities have several solutions at their disposal to help manage them.

First and foremost, property managers can implement impactful

Erosion control

changes such as installing more trash bins and pet waste stations around a community, moving designated dog parks farther from the vicinity of their ponds, and instructing landscapers to reduce fertilizer use and properly bag grass clippings and lawn debris. Every individual living or working in the vicinity of a waterbody influences its health, and these

small changes can have a significant cumulative effect over time. Incorporating these best practices can help amplify the benefits of more impactful solutions.

NUTRIENT REMEDIATION

This involves applying ecofriendly products that bind with or “deactivate” excess phosphorus in the water column and in the bottom sediments so it is no longer available for uptake by weeds and algae. Subsequent water quality testing will allow experts to assess if nutrient levels have been restored to an ideal range.

BIOLOGICAL BACTERIA

Biological bacteria play a central role in decomposing plant debris and organic materials. Comparable to probiotics for your waterbody, supplementing these beneficial bacteria can help make

Photo courtesy of SOLitude Lake Management

the decomposition process more efficient and inhibit the accumulation of nutrient-rich muck. These bacteria need dissolved oxygen to thrive, so installing a fountain, surface aerator, or submersed aerator can enhance their activity.

MECHANICAL HYDRO-RAKING

In cases of significant muck and debris build-up, experts can use a floating barge equipped with a specialized clamshell bucket to physically remove hundreds to thousands of pounds of nutrient-rich material. This can also help restore several feet of depth back to the pond, limiting flood risks.

These strategies are highly effective at targeting excess phosphorus in the waterbody, but it’s also imperative to prevent additional nutrients from invading the ecosystem. Such efforts start outside of the water and can involve residents, landscapers, and other employees.

BUFFER MANAGEMENT

While many communities desire an unobstructed view around their ponds, it’s beneficial to maintain a healthy buffer of beneficial vegetation around the perimeter. These plants act as a protective barrier, filtering rainwater and capturing nutrients and debris before they enter the pond. A well-curated buffer should incorporate native plants that densely extend three to five feet from the shoreline and receive regular trimming and maintenance.

SHORELINE RESTORATION

Pond erosion is not just an eyesore and safety hazard; it also allows sediment to build-up in shallow areas around the shoreline. Tree roots, pipes, and other buried equipment can become exposed as sediment deteriorates. Experts

Photo by iStockphoto.com/Gilles Rivest

can employ bioengineering techniques that physically reshape and anchor the shoreline in place, preventing future collapse and erosion. Sod or vegetative buffers can be installed directly on top to blend in harmoniously with community landscaping.

Nutrients play a major role in the health and appearance of community water bodies, but they are only part of the equation. Maintaining balanced levels of pH, dissolved oxygen, alkalinity, and salinity is essential for clean, weed- and algaefree water. An ongoing management program tailored to your community’s specific goals and budget is one of the most effective ways to ensure your waterbody remains healthy, beautiful, and functional for years to come. n

Photo courtesy of SOLitude Lake Management

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Apples-to-Apples Security Bids

A Guide for Community Associations on Making Informed Decisions

BY BRIE SHOUPPE AND WENDY WILSON

There comes a time in every community when it becomes necessary to evaluate existing security systems and determine if they require modernization and/or remain in line with the community’s current needs. Changes in designated community representatives, such as board members and property managers, as well as event-driven reprioritization of community needs can sometimes mean that current systems and processes may go unevaluated for extended periods of time. When it has been several years since an association has conducted an assessment of existing systems (or lack thereof), or if certain events occur, there is cause for consideration. Technology is constantly evolving and changing the

Photo courtesy of Envera Systems

way we live, with more targeted solutions often making our lives easier and more convenient.

Recent years have seen tremendous advances in controlled community access and monitoring in the form of remote guarding, biometric verification (voice, face, and fingerprint), AI-powered solutions, and realtime reporting. Often systems that were once adequate have now become antiquated, cumbersome, or difficult to manage. In other instances, they simply can’t keep pace with our busy, modern lifestyles.

When making decisions to upgrade or replace your community’s security systems, it can be overwhelming to know where to start. The first step of a successful plan is for stakeholders such as board members,

BRIE SHOUPPE, VICE PRESIDENT OF MARKETING, ENVERA

Brie Shouppe is the vice president of marketing at Envera.

WENDY WILSON, DIRECTOR OF BUSINESS DEVELOPMENT, ENVERA

Wendy Wilson is the director of business development at Envera. Envera is a leading provider of cutting-edge security software and technology for community associations. Contact Envera at 855-380-1274 or www.EnveraSystems.com.

committee members, and property managers to conduct an objective assessment of current systems to determine what is working and what pain points exist. Visiting neighboring communities or talking to friends and relatives about security solutions in their communities can be helpful as well. A property manager is also a fantastic resource for the board and has likely worked with other communities and has a broad network of other managers with whom to consult. Ultimately, identifying the strengths, weaknesses, and opportunities for improvement

Maximize Your Community’s Value

within the current system will ensure that the stakeholders have a common vision for the new systems, which can then be given to the installers and/or service providers that the community is considering.

Most are familiar with the adage of comparing “apples to apples,” and this is a great rule of thumb when attempting to compare and contrast competing bids. It is helpful to provide potential vendors with a specific template, often referred to as an RFP (Request for Proposal) to provide their responses to stakeholders. Perhaps the most obvious consideration when making comparisons is the type of technology and equipment to be installed, such as the number of devices, camera resolution, record capacity or location of video footage, or type of access control reader. These peripheral

Photo courtesy of Envera Systems

• HOMEOWNERS

• CONDO ASSOCIATIONS

• HOA ASSOCIATIONS

• TOWNHOMES

• SHOPPING CENTERS

• COMMERCIAL PROPERTY OWNERS

• PROPERTY MANAGERS

devices aren’t the only things to consider, though. The ease of use and scalability of the proposed solutions should also be compared as well as any recurring fees for maintenance or management. Additionally, it is important to get a sense of the providers themselves. Important questions to ask may include how many years they have been in business, how many current customers they have, if installation and service teams are regionally located, and if they provide ongoing assistance and support to community management and residents. Finally, if existing systems are nonexistent or inoperable, one of the most important factors to consider may be the timeline to have the new system fully installed and functional.

However, sometimes it is challenging to make a clear

Photo courtesy of Envera Systems

comparison between competing bids. Different vendors rarely use the same proposal format, may break down solutions differently, or may only provide a total project cost. Other times a vendor may not offer all needed solutions, necessitating bids from two or more providers to accurately compare to an all-in-one security provider. Setting the parameters of your RFP can help specify exactly the format in which your community requires the proposal, especially in instances where tiered options are needed or requested due to budgetary constraints or community priorities. Obtaining bids from several providers is helpful, and some stakeholders may choose not to consider bids from vendors who will not or cannot provide proposals in required formats.

Another challenge could be when competing vendors offer similar solutions but utilize different delivery methods. During the selection process you may find that one or more providers offer solutions that the community hasn’t even considered, which may be of great benefit. Don’t be afraid to ask the vendor to deliver a presentation to the board and to allow all stakeholders the opportunity to have all questions answered. A good security provider will understand that this is a big decision for your community and recognize that the sales process is the first step in building a lasting partnership.

New security systems are a significant investment of community resources, and the goal is to select the best one for your community that offers protection and empowers the association. To achieve this, collaboration among board members, property managers, and security experts is essential. Having a clear understanding of proposed solutions will help stakeholders make the most informed decision that will benefit residents and the entire community now and in the future. n

OBTAINING BIDS FROM SEVERAL PROVIDERS IS HELPFUL, AND SOME STAKEHOLDERS MAY CHOOSE NOT TO CONSIDER BIDS FROM VENDORS WHO WILL NOT OR CANNOT PROVIDE PROPOSALS IN REQUIRED FORMATS.

How to Avoid Common HOA Leadership Pitfalls

BY CAMILLE MOORE

S

erving on your HOA board is a rewarding but challenging role. Board members must balance the needs of the community, manage finances, and navigate relationships with homeowners. While many board members begin their terms with the best intentions, common pitfalls can undermine their effectiveness. Here’s how to avoid them and ensure a smooth, successful tenure as an HOA leader.

FAILING TO COMMUNICATE EFFECTIVELY

One of the biggest challenges for any HOA board is communication. Homeowners want transparency regarding decisions that impact their community. Boards that fail to communicate can quickly find themselves dealing with frustration, misinformation, and a lack of trust.

How to Avoid This Pitfall

Be proactive—Share updates regularly through newsletters, emails, and community meetings. Use multiple channels—Different homeowners prefer different communication methods—leverage a mix of digital and in-person options.

Photo by iStockphoto.com/Tero Vesalainen

Encourage homeowner feedback—Provide opportunities for residents to voice concerns, ask questions, and participate in discussions.

IGNORING FINANCIAL BEST PRACTICES

Poor financial management can lead to increased fees, special assessments, or even legal trouble. Boards that don’t track expenses, plan for long-term projects, or enforce timely collection of dues may put their community at risk.

How to Avoid This Pitfall

Develop a clear budget—Work with your management company to create and maintain a realistic budget. If your community is self-managed, you should consult financial professionals.

Plan for the future—Reserve funds should be managed properly to cover long-term repairs and unexpected expenses.

If you’re looking for professional guidance, RealManage offers a suite of services tailored to help HOA boards like yours operate smoothly and ethically. From governance best practices to financial management, we’ve got you covered. For more tips, insights, and resources, check out the RealManage blog at www.realmanage.com/blog. It’s packed with educational content designed to empower board members and promote stronger communities. Let RealManage be your partner in building a better community. Contact us to learn more at www.realmanage.com/ proposal-request

Follow financial best practices—Conduct regular audits and maintain transparency with homeowners about financial decisions.

MISMANAGING VENDOR RELATIONSHIPS

HOA boards rely on vendors for maintenance, landscaping, security, and more. Poorly managed vendor relationships can result in subpar service, unexpected costs, or legal disputes.

How to Avoid This Pitfall

Vet vendors carefully—Research potential contractors and get multiple bids before signing a contract.

Negotiate clear agreements—Define service expectations, payment terms, and dispute resolution clauses in writing.

Monitor performance—Regularly review vendor work and address any issues promptly.

INCONSISTENT RULE ENFORCEMENT

Homeowners expect fairness when it comes to rule enforcement. If some violations are overlooked while others are strictly penalized, frustration and resentment will grow within the community.

How to Avoid This Pitfall

Establish clear policies—Ensure all rules and regulations are well-documented and accessible to homeowners.

Enforce rules uniformly—Treat all residents equally when addressing violations.

Document everything—The board and/or management company should keep records of rule enforcement actions to protect the board from claims of favoritism or negligence.

OVERSTEPPING AUTHORITY

HOA boards must operate within the boundaries of governing documents and state laws. Some boards overreach their power by making decisions outside their jurisdiction, which can lead to legal trouble and homeowner dissatisfaction.

How to Avoid This Pitfall

themselves with the HOA’s bylaws, CC&Rs, and state regulations.

Consult legal counsel when necessary—When in doubt, seek professional advice to ensure compliance.

Respect homeowner rights—Ensure all board actions align with legal and ethical standards.

LACK OF BOARD EDUCATION AND TRAINING

Many board members are volunteers with limited experience in community management. Without proper training, it’s easy to make costly mistakes.

How to Avoid This Pitfall

Understand governing documents—Board members should familiarize

Seek educational resources—Attend training sessions and webinars or consult with HOA management professionals.

Partner with experienced professionals—Work with property management companies that offer guidance on governance and best practices. Encourage knowledge sharing—Experienced board members should mentor newcomers to ensure continuity in leadership.

FAILING TO PLAN FOR LEADERSHIP TRANSITION

Board turnover is inevitable. Without a succession plan, an HOA may face operational disruptions, delayed projects, or leadership gaps that hinder progress.

How to Avoid This Pitfall

Identify future leaders— Encourage engaged homeowners to consider board service.

Document procedures—

Maintain organized records to make transitions smoother for new board members.

Offer onboarding support— Provide incoming board members with training and resources to help them succeed.

NEGLECTING HOMEOWNER ENGAGEMENT

An engaged community is a happy community. Boards that fail to involve homeowners in decisions or ignore resident concerns risk alienating the very people they serve.

How to Avoid This Pitfall

Encourage participation—Host community events, Q&A sessions, and volunteer opportunities. Be approachable—Create an open-door policy for residents’ concerns and feedback.

Recognize homeowner contributions—Acknowledge residents who actively support community initiatives.

PARTNER WITH REALMANAGE FOR HOA BOARD SUCCESS

One of the best ways to avoid these leadership pitfalls is by working with an experienced HOA management company. Partnering with professionals can provide guidance, streamline operations, and ensure compliance with regulations, ultimately benefiting the entire community.

At RealManage, we understand the challenges of HOA leadership. That’s why we offer not only toptier community association management services but also board member education to help you lead with confidence. Whether you need guidance on governance, financial planning, or community engagement, our experts are here to support you. Contact RealManage today to learn how we can help your community thrive. n .

NASDAQ

Rick Alfonso

HOA Finances in the Digital Age: Cogent Bank’s Commitment to Online Banking Safety

BY GEORGIA MILLER

Homeowners’ associations (HOAs) play a pivotal role in shaping the look, feel, and financial well-being of residential communities. From managing dues to overseeing repairs and amenities, property managers must ensure funds are not only handled efficiently but also protected from digital threats. With technology advancing every year, online banking has become the standard method when streamlining financial tasks, but the apprehensive feeling toward trusting and using online banking is still present.

Cogent Bank is aware of the potential threat technology brings, and it is dedicated to meeting the unique needs of HOAs with features like specialized HOA accounts, advanced digital tools, and a strong focus on security to help associations handle their finances more effectively.

Photo by iStockphoto.com/insta_photos

BEST PRACTICES FOR SAFE HOA ONLINE BANKING

Use Strong, Unique Passwords

One of the most effective ways to protect any online account is by creating a strong password that is at least 12 characters long and contains a blend of uppercase and lowercase letters, numbers, and special characters. When creating a password, you should also avoid using the same password for multiple accounts, update passwords every 90 days, and choose strong answers that cannot be easily guessed or found online. Don’t forget to be cautious and never share personal or financial information over email, text, or social media.

Keep Devices Secure

Maintaining the security of devices used for HOA banking

GEORGIA MILLER, SVP COMMUNITY ASSOCIATION RELATIONSHIP MANAGER, COGENT BANK

Georgia Miller is SVP Community Association Relationship Manager at Cogent Bank. For more information call 888-577-0404 or visit www.cogentbank.com.

is just as crucial as having strong passwords. Restricting who can log on to the computer or smartphone used to access your online banking reduces the chances of your account becoming vulnerable. Enabling two-factor authentication that involves entering a code from an authenticator app or text message will make unauthorized access more difficult. Installing antivirus software, updating your operating systems and apps to help patch vulnerabilities, and activating a firewall help block suspicious inbound or outbound network traffic before it becomes a threat.

Use a Secure Connection

Even if passwords and devices are well protected, connecting over an insecure network can still expose login credentials and other sensitive information. To avoid this, confirm that any banking website you visit begins with “https,”

which will encrypt your data. Avoid accessing your accounts over public Wi-Fi networks, and always log out completely from your online sessions.

Stay Alert to Phishing Attacks

Phishing remains a major strategy that cybercriminals use to trick individuals into revealing sensitive information. If you receive an unexpected email or message prompting immediate action or offering a link that supposedly leads to your bank, verify the sender before clicking on anything. Your financial institutions, including Cogent Bank, will never request your login credentials or personal details via email or text.

Monitor Accounts Regularly

Frequent account reviews help spot errors, suspicious transactions,

or other irregularities early. Setting up transaction alerts provides real-time notifications whenever significant changes occur and will increase the likelihood of resolving problems before they escalate or cause irreversible damage.

Use Official Apps and Websites

When banking through a mobile device, you should only download your bank’s official app from a trusted app store or the official website rather than using third-party banking apps. Updating the app whenever a new version is released ensures you benefit from the latest security improvements and bug fixes.

Report Suspicious Activity Immediately

If you detect or suspect any unusual transactions or receive suspicious emails claiming to be from your bank, don’t hesitate to contact your bank’s customer service immediately so the bank’s fraud team can investigate and address the issue.

HOAs’ responsibility of managing a community’s financial resources can only be fulfilled effectively when convenience and security go hand in hand. Cogent Bank’s specialized focus on homeowners’ associations ensures property managers have access to the right tools and features to handle their duties effectively. By understanding and implementing best practices, from creating robust passwords to monitoring accounts regularly, HOA decisionmakers can considerably reduce the risks associated with online banking. n

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Winds of Change—Post-storm Material

Alteration Considerations for Condominiums

BY RICHARD HUNTER, STEFAN MORONEY, AND GEORGE ROOT

A

myriad of blogs and articles speak on how condominiums can prepare themselves for storm season and how to manage a stormrelated, first-party property claim. However, very few articles address important considerations for reconstruction after the storm and after the claim is resolved. Florida has many aging condominiums, and it is difficult to replace components like for like. It is often the case that paint colors, shingle types, and other components are discontinued and no longer available. Many condominiums are unaware that a replacement that is not exactly like for like could be construed as a material alteration. The Florida Condominium Statute has very specific guidance regarding material alterations. Pursuant to Florida Statute §718.113(2)(a), Except as otherwise provided in this section, there shall be no material alteration or substantial additions to the common elements or to real property which is association property, except in a manner provided in the declaration as originally recorded or as amended under the procedures provided therein. If the declaration as originally recorded or as amended under the procedures provided therein does not specify the procedure for approval of material alterations or substantial additions, 75 percent of the total voting interests of the association must approve the alterations or additions before the material alterations or substantial additions are commenced. This para-

Photo by iStockphoto.com/Liubomyr Vorona

RICHARD HUNTER, PRINCIPAL ADJUSTER, HUNTER CLAIMS

GEORGE ROOT, ATTORNEY, STOCKHAM LAW GROUP, P.A.

Richard Hunter is a principal adjuster with Hunter Claims. If you or the board of your association would like a professional analysis of your coverage or a pre-storm evaluation of your property, call 813-774-7634 or send an email to richard@hunterclaims.com today.

George Root is an attorney in the Tampa office of Stockham Law Group, P.A. He focuses his practice on providing general counsel and litigation services for community associations throughout Florida. His services as general counsel include deed restriction violation enforcement, delinquent assessment collection, compliance, preservation of governing documents, revitalization of governing documents, interpretation of governing documents, risk management, litigation, creditor bankruptcy services, board meeting attendance, board certification courses, and a myriad of other community association legal needs.

graph is intended to clarify existing law and applies to associations existing on July 1, 2018.

Some condominium governing documents do provide a lower and less onerous membership approval mechanism or give the board of directors the authority to approve material alterations under a certain percentage of the budget or total dollar amount. Condominiums that do not have such language in their governing documents should endeavor to amend the governing documents to provide a lower approval threshold.

Even seemingly minor changes have been found by Florida Appellate Courts to be material alterations. In George v. Beach Club Villas Condo. Assoc., 833 So. 2d 816, 819 (Fla. 3rd DCA 2022), the Court ruled that, “the change from cedar shingles to barrel tiles constituted a substantial and material alteration in appearance.” The Court in Islandia Condominium Asso. v. Vermut, 501 So. 2d 741, 743 (Fla. 4th DCA 1987), found that, “Changing the color scheme of the development from one of multi-color clusters to one uniform color clearly fits within the Sterling definitions of substantial, material alteration.” n

GREAT MEETINGS

THAT’S SENTRY

Sentry’s community managers are trained to ensure our community’s boards are equipped for well-run meetings. From planning and board packets, to meeting support and post-meeting action items, each Sentry community manager facilitates productive and positive meetings.

HOA Communities, Take a Strong Look at Your Reserves

BY SUNDEEP JAY, RS, PRA

There are a wide range of homeowner associations in Florida. Some are simple with only roadways while others have guardhouse(s) and swimming pool(s). There are still others with small to very large clubhouses, tennis courts, playground areas, and much more in some cases. The latter appears to be a growing trend in Florida.

The State of Florida has always been a bit lax on the laws that dictate how these associations should handle the assets that are owned by these associations, which are typically handled through reserves or reserve studies. The way accounting is handled or should be handled for any assets owned either by a HOA, condo-

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minium, or even your own personal business is the same. The difference with HOA communities and condominiums, in contrast with owning a business, is that the board for a community association has a “fiduciary” responsibility for the assets owned by the association. In simple terms, they will maintain the assets of the association and the finances required to ensure the safety and the beauty of the community for everyone living in their community. The safety and beauty of a community is equally important in maintaining the values within your community. A potential buyer will only notice the beauty before he/she notices any safety issues. The job of the board is not to maintain the finances of individual owners but to ensure the financial stability of the community at large.

SUNDEEP

JAY,

SENIOR RESERVE SPECIALIST AND PROFESSIONAL RESERVE ANALYST, J.R.

FRAZER INC.

Sundeep Jay is certified as a senior reserve specialist and professional reserve analyst. He has been completing reserve studies and condominium/HOA property & flood valuation reports for a little more than nine years with J.R. Frazer Inc. He graduated with a degree in accounting and computer science from the University of Central Florida. During his career he assisted in building more than 70 to 80 residential homes as a real estate broker while also operating his own mortgage company as well as managing three franchise hotels. For more information, call 561-488-3012, email JRFrazerENT@aol.com, or visit www.JRfrazer.com

If the developer started a reserve account with words mentioned in their governing docs, then those specific items must be reserved by the association. This is typically referred to as statutory reserves. The other way an HOA can become statutorily responsible to collect reserves is where the association obtained a majority vote of the membership to collect reserves. If these two situations do not apply, then the reserves are usually referred to as non-statutory reserves. The difference between the two is quite extensive. If an association is statutorily required to collect reserves, then the board must annually fully fund their reserves unless the board can obtain a majority vote of the membership to collect

less than what is required. If the association is non-statutory for reserves, then each board can decide to what extent the association wants to collect their reserves for the following budget year without requiring any membership vote.

Reserve studies are still the best way to obtain independent analysis of the assets that are owned and how they should be funded by the associations. I have reviewed many association reserve schedules that were prepared by prior board members, and my personal opinion is that they were highly lacking in many areas. This is why it is imperative that boards obtain independent advice from trained professionals. A reserve specialist requires three years of training under another reserve specialist while a professional reserve analyst requires five years of training before being certified in their respective field. Keep in mind that over a period of three to five

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OF SERVICE

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I HAVE REVIEWED MANY ASSOCIATION RESERVE SCHEDULES THAT WERE PREPARED BY PRIOR BOARD MEMBERS, AND MY PERSONAL OPINION IS THAT THEY WERE HIGHLY LACKING IN MANY AREAS. THIS IS WHY IT IS IMPERATIVE THAT BOARDS OBTAIN INDEPENDENT ADVICE FROM TRAINED PROFESSIONALS.

years, most analysts will have visited at least 150 to 300 varying size communities, experience which by itself is invaluable.

I once owned a real estate company with close to 20 real estate professionals. My most successful agents who made the largest amount of money were the ones who always took their buyers to the most beautiful places first. That first impression decided where the buyer would purchase a home and also at what price. This is what real estate seminars teach to real estate professionals. My point is that the appeal entering into a community, the common areas

such as a clubhouse and/or lobbies, are so important that it is imperative that they are updated on a periodic basis. This update only occurs if there are sufficient monies in reserves. As I have previously mentioned to board members, you never have to replace your carpets or update your bathrooms in your personal home, but the responsibility to update the common areas is part of the fiduciary responsibility of the board. If a homeowner purchased a home for $250k 25 years ago with everything being new in a community, at today’s prices of $500k to $750k, the new buyers deserve to some extent updated facilities. It is not fair that the first set of homeowners live in a community at a discounted price and enjoy the facilities, and then every other buyer after the 20th year receives far less with depleted reserves while paying top dollar for a home.

When I attend annual meetings to discuss reserves, I explain to every homeowner that the paying into reserves is for “today’s” depreciation and not necessarily for tomorrow’s replacement. So, while you are living and enjoying the facilities, it is your responsibility to fill that hole created by depreciation through reserves. The laws in Florida along with reserve study standards are based on this fairness. Otherwise, the first set of homeowners live in a community at a discounted price and all potential future buyers or recent buyers are prone to special assessments.

Another important point to keep in mind is that the costs of an aging community are not recognizable for the first 20 years to maybe 25 years. It is usually this time period where

communities collect the least amount to be placed in reserves. But the fact is that everything will age, and mostly everything will need to be replaced at one time or another. This is a fact of nature! Many communities have large oak trees planted two feet away from the roadway and sidewalks while most communities will have underground storm water drainpipes. All of these assets that are owned by the associations deserve to be fairly funded.

I urge HOA communities to take a strong look at your reserves. Even though the law provides a loophole of partial funding and/or not funding, it is not fair nor is it responsible. Just because everyone in a community decides to waive reserves does not make it acceptable or a fair practice. This is the high standard that board members must uphold, which is the meaning behind the fiduciary duty of board members. n

BY BETSY BARBIEUX, CAM, CFCAM, CMCA

Community association management has unique challenges and pressures, both of which can cause sickness. That is an unhealthy, toxic, sick workplace. Whether you are an on-site employee or working for a management company, here are 10 signs of a work environment that could breed stress, resentment, and burnout among employees.

Photo by iStockphoto.com/Bojan89

DISRESPECTING EMPLOYEES’ PERSONAL TIME

• Residents call or email outside of business hours, expecting immediate responses.

• Board members contact employees on weekends or holidays for nonemergency matters.

• Employees feel obligated to monitor their phones constantly.

YOU NEED PERMISSION TO TAKE A BREAK

• Micromanagement of employees’ time, with strict rules about breaks.

• Lack of trust in employees to manage their own time effectively.

• A perception that employees are not working hard enough if they take breaks.

IT’S

NORMAL TO MESSAGE SOMEONE DURING THEIR VACATION

• Board members or residents contact employees during their time off for routine matters.

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.

• Employees feel obligated to check their emails and respond to messages while on vacation. This is very common due to the alwayson nature of the job.

IGNORING BULLYING WITHIN THE TEAM

• Board members or residents bully employees.

• Employees bully each other.

• Management fails to address bullying behavior.

EMOTIONALLY INAPPROPRIATE FEEDBACK

• Board members or residents share harsh or personal criticism.

• Lack of constructive feedback that focuses on performance.

• Public criticism of employees.

DEADLINES SET FOR YESTERDAY

• Unrealistic deadlines are set by board members or residents.

• A lack of planning and communication are normal.

• Constant firefighting is required.

OVERLOADING RESPONSIBLE EMPLOYEES WITH WORK

• Employees are assigned excessive workloads due to understaffing.

• Responsible employees are given more work because they are reliable.

• This is a very common problem due to the many hats that community managers must wear.

FAVORITISM AND CLIQUES DIVIDE THE TEAM

• Board members show favoritism toward certain employees or residents.

• Cliques form within the board or among residents, leading to exclusion.

• There is a lack of transparency in decision-making.

UNHEALTHY COMPETITION AMONG COLLEAGUES

• Employees compete in an unhealthy way for the approval of board members or residents.

• A lack of teamwork and

collaboration are normal.

• Backstabbing and sabotage occur frequently.

EMPLOYEES WORK WHILE SICK

• There is pressure felt to attend board meetings or handle resident issues even when ill.

• There is a fear of falling behind due to high workloads.

• A culture that minimizes the importance of taking sick leave is normalized.

The following descriptions are what the 10 signs might look like at work:

24/7 Availability—Residents often expect immediate responses, regardless of the time or day, exacerbating the disrespect for personal time (Sign 1).

Board and Resident Demands—Employees often serve multiple “bosses” (the board and the residents), leading to conflicting demands and potential for unrealistic deadlines (Sign 7).

Emotional Intensity—Dealing with resident disputes and property issues can be emotionally draining, making emotionally inappropriate feedback (Sign 6) and bullying (Sign 5) particularly harmful.

Limited Resources—Many community associations operate with tight budgets, which can lead to understaffing and overloading responsible employees (Sign 8).

Volunteer Boards—Volunteer board members sometimes have limited management experience, which can contribute to micromanagement (Sign 3), favoritism (Sign 9), and inconsistent policies.

Should these signs be present in your workplace, associations and management companies need to address them with the following actions:

• Establish clear boundaries for communication.

• Promote a culture of respect and empathy.

• Provide training on effective communication and conflict resolution.

• Implement clear policies and procedures for addressing bullying and harassment.

• Ensure adequate staffing and resources.

• Promote open communication and transparency.

Thursday, April 3

Broward County Convention Center - Ft.

Tuesday, April 22

Wednesday, May 14

Wednesday, April 16

Friday, April 25

• Educate board members on proper management practices.

WHAT CAN A MANAGER DO?

Practicing self-care and setting boundaries is vital to maintaining a healthy work–life balance. Schedule regular self-care activities that promote relaxation, well-being, and personal fulfillment. Do something that is “fun” to you. This can include exercise, hobbies, spending time with family and friends, or engaging in activities that recharge and rejuvenate you. Additionally, establish work-free zones in your home or specific times when work-related activities are not allowed. Silence your phone. Leave your work at work. Creating physical boundaries can help create a mental separation between work and personal life.

An “appointment” with your spouse, children, or yourself is as important to keep as the one with a vendor.

Learn to say no. Sometimes the hardest person to say no to is yourself. Set limits and be comfortable declining requests or negotiating deadlines when your workload or personal commitments become overwhelming. Respectfully assert your boundaries to avoid overextending yourself.

WHAT CAN BOARD MEMBERS AND RESIDENTS DO?

They need to remember their community is a workplace just as much as the management company office is a workplace. You may live here, but we work here. n

PRACTICING SELF-CARE AND SETTING BOUNDARIES IS VITAL TO MAINTAINING A HEALTHY WORK–LIFE BALANCE. SCHEDULE REGULAR SELFCARE ACTIVITIES THAT PROMOTE RELAXATION, WELL-BEING, AND PERSONAL FULFILLMENT.

Herbie Wiles Insurance Agency

400 N. Ponce de Leon Boulevard

St. Augustine, Florida 32084

800-997-1961

www.herbiewiles.com

Insuring over 100 FL condo associations and HOAs.

Rick Carroll Insurance 2160 NE Dixie Highway Jensen Beach, Florida 34958 800-290-3181 or 772-334-3181

www.rickcarroll.com

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

INSURANCE VALUATIONS

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

www.expertreserveservices.com Covering Florida's Insurance Valuation Needs PRIVATE LENDING

Gelt Financial LLC: 561-221-0900 Funding Community Associations Since 1989

Hunter Claims LLC 4613 N. Clark Avenue Tampa, Florida 33614 813-774-7634 www.hunterclaims.com

LEGAL SERVICES

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

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

www.siegfriedrivera.com

Experience Personalized Professionalism.

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

www.trippscott.com

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

MANAGEMENT CO. DIRECTORY

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.

Cardinal Management Group, a RealManage Company 4670 Cardinal Way, Suite 302 Naples, FL 34112 239-774-0723 cardinalmanagementgroup.com

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

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

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Services, Inc. 5455 A1A South St. Augustine, Florida 32080

904-461-9708

877-869-9700

www.QualifiedProperty.com

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

www.RealManage.com Serving Orlando and Tampa Communities.

www.towerspropertymgmt.com

Products and Services Directory

ACCESS CONTROL, SECURITY AND CUSTOM

GATE AUTOMATION

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

AIR DUCT CLEANING

Air Duct Aseptics

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

ALARM MONITORING

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

ALUMINUM RAILING

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

ASPHALT REPAIR/ REJUVENATION

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

BALCONY INSPECTIONS

Howard J. Miller Consulting Engineers: 561-392-2326; www.HowardJMiller.net

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

CONCRETE RESTORATION PROJECT MANAGEMENT Daniello Companies: 888-370-4333; www.concreterepairing.net.

Gray Systems: 800-223-5457; www.graysystems.com

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

ELEVATOR SERVICE/REPAIRS

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

ELEVATOR/POOL EMERGENCY COMMUNICATIONS

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

ENGINEERS

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

Howard J. Miller Consulting Engineers: 561-392-2326; www.HowardJMiller.net

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NV5: 954-495-2112; nv5.com

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

GENERAL CONTRACTORS

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

LAKE AND WETLAND MANGEMENT

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

FIRE ALARM SYSTEMS

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

INTERNET/TELEVISION/ VOICE SERVICES

Blue Stream Fiber 888-960-2855 www.bluestreamfiber.com

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

Fibernow: 800-921-7701; sales@ fibernow.com; fibernow.com

Summit Broadband: 407-2212777; bulk@summitbb.com; www.summitbb.com/community JANITORIAL SUPPLIES

ADVERTISING Opportunities Opportunities

SOLitude Lake Managment: 888-480-LAKE (5253); info@sol itudelake.com; solitudelake management.com; Restoring Balance. Enhancing Beauty

LAUNDRY EQUIPMENT AND SUPPLIES

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

MEDIATION SERVICES

Johnston Mediations: 727-3554669; Johnstonjudya@gmail. com; johnstonmediations.com

PAINTING

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www.MunyanPaintingcom

www.MunyanRestoration.com

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

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For advertising opportunities please call 800.425.1314

PLAYGROUND AND RECREATIONAL SERVICES

Kidstuff Playsystems Inc.: 800255-0153, rhagelberg@kidstuff playsystems.com; kidstuffplay systems.com. ROOF COATINGS

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

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

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

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

Software: mark@ upperbee.com, upperbee.com

POOLS

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

SEWER AND DRAINAGE—INSPECTION AND REPAIRS

Hinterland Group: 561-6403503; hinterlandgroup.com

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

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