For more than five decades Becker’s attorneys have been helping communities pursue their rights against developers and design professionals for defects associated with new construction renovation and repair projects. We understand that the more time you spend negotiating and drafting your construction contracts, the less time you’ll spend fighting the results afterwards.
Becker’s Construction Law & Litigation Practice is renowned for its knowledge of the construction industry and experience effectively protecting the interests of its clients. Chambers USA, one of the legal profession’s most prestigious ranking directories, has recognized the Firm’s Construction group every year since it began publishing its global law firm ranking guide. While we are honored to be one of four Florida-headquartered firms recognized in the preeminent Band 1 position, we are most proud of the work we do every day on behalf of our clients.
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Corey McCall Board President
Coral Springs Estate Townhomes • Coral Springs, FL
Journal Notes
Florida is more than just sunshine and sandy shores—it’s home to vibrant communities, all of which thrive thanks to the dedication and expertise of community association managers. These professionals are the unsung heroes behind the scenes, working tirelessly to ensure that residents live in safe, harmonious, and wellmaintained environments. Though often overlooked, their role is essential and deserves much appreciation.
Community association management requires a delicate balance of communication, organization, and problem-solving. From coordinating board meetings to addressing resident concerns, these managers wear many hats, all with the goal of fostering strong, connected communities. Their commitment to preserving the integrity and spirit of Florida’s diverse neighborhoods is truly commendable.
Exterior maintenance and renovation are also key components of community life. In Florida, where the weather can be both beautiful and unpredictable, maintaining building exteriors is more than just a matter of aesthetics—it’s a necessity. Whether it’s preparing for hurricanes, managing routine landscaping, or overseeing structural updates, exterior maintenance protects properties and enhances their curb appeal. It also reflects the pride residents take in their shared spaces.
Renovations play an equally important role by breathing new life into communities. Updating buildings, modernizing amenities, or simply refreshing the look of a property can boost morale and foster a renewed sense of belonging. These projects, often overseen by community association managers, require thoughtful planning and working together to ensure they meet the needs of today’s homeowners while preserving the character of the community.
As we celebrate the vital work of community association managers, let’s also acknowledge the collective effort that goes into sustaining and improving Florida’s neighborhoods. Whether it’s tackling day-to-day management tasks or overseeing transformative renovations, these efforts remind us of the importance of shared responsibility and pride in our communities. Here’s to the people and projects that keep Florida’s neighborhoods thriving!
FLCAJ encourages you to remember the brave men and women this Memorial Day who have given their lives so that we might have liberty and enjoy our freedoms.
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2025 Management Company Showcase
Editor’s Note: The May FLCAJ magazine is the Management Company Special Issue. The management company profiles below are a great introduction to several management companies that would love an opportunity to lead your community with excellence.
Campbell Property Management
Founded in 1953, Campbell Property Management is South Florida’s highest-rated community association management company and one of the largest and most experienced, locally owned property management companies in South Florida. With seven fully staffed offices and more than 1,100 full-time employees, Campbell serves more than 450 associations in Miami-Dade, Broward, Palm Beach, Martin, and Port St. Lucie Counties. Their management services include administration, finances, accounting, maintenance and janitorial, valet and concierge, lifestyle director, gate access, human resources develop-
ment, community websites, information technology, and landscape maintenance.
Although very similar in purpose, every board has its own unique goals and objectives, so there is no one-sizefits-all solution. Campbell’s experienced team invests the time and energy necessary to truly understand the needs of the community and board. They pride themselves on being responsive and providing customized solutions for their clients. They make a promise to the boards they serve: that Campbell will help them accomplish their goals and achieve the peace of mind they are seeking. Campbell guarantees satisfaction by giving their clients the right to cancel for any reason at any time. The associations they serve have rewarded their performance with long-standing relationships, which have been proven by their market-leading 98 percent renewal rate.
For more information on Campbell Property Management, call 954-427-8770, email sales@campbellproperty.com, or visit www.CampbellPropertyManagement.com.
Photo by iStockphoto.com/Jacob Wackerhausen
Cardinal Management Group, a RealManage
Company
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 have 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, D.C.
Top Tip—Prioritize clear and transparent communication to foster trust, engagement, and collaboration among community members while ensuring compliance with local laws and regulations.
For more information about Cardinal Management Group, a RealManage Company, call 239-774-0723 or visit www.cardinalmanagementgroup.com
Castle Group
Castle Group is the premier choice for property management; we specialize in serving the finest residential communities.
With 2,700-plus dedicated team members, we are the preferred service provider for 500-plus associations. Our philosophy stays the same no matter where we are—putting the resident first. At Castle, we call it Royal Service®
Our focus is to provide our clients with a powerful combination of incredible people, streamlined systems, and advanced technology to deliver the best service to
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our communities. Since no two properties are identical, we’ve created a menu of services that allows our customers to tailor a solution that fits their needs.
To learn more about how Castle Group can serve your community, request a proposal at www.castlegroup.com/ request-a-proposal
Empire Management Group
Empire Management Group (EMG) is a refreshingly different community management company offering real solutions to real problems in all types of communities. Since 1993 EMG has been helping communities eliminate inefficient management practices. We serve HOAs, COAs, CDDs, and developers in Central Florida and surrounding areas. Our commitment to using the latest technology ensures effective support for boards, homeowners, and managers. As a trusted leader in community management, we are proud members of several esteemed industry organizations, keeping us at the forefront of best practices and ensuring exceptional service. Empire is deeply committed to giving back to the communities that help us thrive. We believe in the power of community and
recognize that our success is intertwined with the well-being of those around us. We actively support various nonprofit organizations positively impacting education, health, social services, and environmental sustainability.
Contact Empire Management Group at 407-770-1748, email info@empirehoa.com, or visit www. empirehoa.com for more information.
FirstService Residential
Property management is a balancing act. With competing priorities, juggling it all as a community leader can seem complex, but it doesn’t have to be.
At FirstService Residential, we’re simplifying property management. Our hospitality-minded teams serve residential communities across the United States and Canada. We partner with residents.
We have the expertise and depth of resources to
anticipate needs and respond. Residents can count on 24/7 customer care and tailored lifestyle programming, amenity activation, and technology for their community’s specific needs. Market-leading programs with FirstService Financial, FirstService Energy, and special district teams deliver additional levels of support.
Boards and developers select FirstService Residential to realize their vision and drive positive change in the communities in their trusted care. With our professional scale, we’re big enough to make your budget go further. And our service-first philosophy means we don’t stop until what’s complicated becomes
Top Tip—From creating budgets and managing vendors to finding insurance solutions, running an association can be challenging. Hiring a property management company can help make life, simplified.
uncomplicated. To make life, simplified. For more information about FirstService Residential, visit LifeSimplified.com today!
KW PROPERTY MANAGEMENT & CONSULTING
As the leading property management company in Florida, KW PROPERTY MANAGEMENT & CONSULTING (KWPMC) offers more than just services; we provide an experience that elevates the quality of life for your community.
KWPMC supports
associations with best-in-class property management, food and beverage service, project management, water restoration, and developer consulting. With a dedi cated team of almost 2,900 employees, KWPMC is
or (800) 980-9881.
Being the best in community management starts with having the best managers.
Sentry attracts top talent with a people-first culture focused on competitive wages, paid time off, health insurance, advancement opportunities, and more. We empower our community managers with robust training, technology, and support teams. That’s why we’ve been named a 2025 National Top Workplace by USA Today, based on employee feedback. Visit sentrymgt.com/careers or scan the QR code to view current openings.
14 Offices serving Central and Coastal Florida
committed to making every resident feel at home. Through a blend of hospitality and personal care supported by technology-driven solutions, your community will experience seamless operations, outstanding financial reporting, and the highest standards of service. Our focus on operational precision, financial controls, and flexible solutions ensures your needs are met efficiently and effectively.
At KWPMC you are not just another client—you are a valued partner. Our lasting relationships with associations and boards are built on a shared commitment to excellence and transparency. In 2024 KWPMC earned numerous awards and recognitions, including the Daily Business Review’s Best Property Management Firm in its annual “Best of” honor, the South Florida Business Journal’s Largest HOA Management Companies and Largest Private Employers in South Florida annual recognitions, and distinction as finalist in the 2024 Miami-Dade Favorites and Naples Official Community’s Choice Awards.
Top Tip—Choose a property management company that’s a true partner—offering stability, resources, transparency, and alignment with your vision through reputation, reporting, and client feedback.
We Don’t Just Manage, We Enhance
For more information on KW PROPERTY MANAGEMENT & CONSULTING, call 305-476-9188 or visit www.kwpmc.com
Landex Resorts
Landex is based on the West Coast of Florida since 1981. We have been providing services to associations from Central to South Florida. For years Landex has enjoyed many professional relationships within the industry. We are proud members of many area chambers of commerce, the Better Business Bureau, American Resort Development Association, Community Associations Institute, realtor associations, and the Florida Community Association Journal, to name a few. Our team collectively manages over $10 billion in insurable assets for over 4,000 residential, commercial, timeshare, and vacation plan association clients in our portfolio. In addition, our team produces over $3 million in rental revenue annually for our owners through their vacation rental program. In today’s complex
real estate and insurance markets, a good management company is an association’s greatest asset. We look forward to serving you.
For more information about Landex, call 239-369-5848 or visit www.landexresorts.com.
M&M Property Management
Since the inception of the Readers’ Choice Awards, M&M has been honored as management company of the year, achieving
again the prestigious Diamond level. Turning 18 in April, our goal is financial stability, addressing residents’ needs while keeping pace with new laws.
In 2007 M&M started with the idea of what proper management should be. With an amazing staff of 30-plus, I say “thank you” as I could not be here if they did not share my passion for better community life. M&M has partnered with dozens of communities throughout Broward and Palm Beach Counties to improve community life; we believe community success is our success. Servicing our original communities 18 years later is a testament to how M&M professionally manages together as a family. Though past years with several new laws brought many challenges, we continue to ensure communities exceed their goals each and every year.
With over 750 Google reviews, achieving a 4.7 rating reflects how together we get your community moving in the right direction. As the highest rated property management company in South Florida, it is a testament to the service and value we provide associations. Thank you!
For more information on M&M Property Management, call 954-582-4400 or visit www.mmpm.us
RealManage
RealManage is a leading tech-enabled community management company committed to operational and service delivery excellence. Driven by transparency and powered by technology, the company provides board members with real-time financial reporting and on-demand access to their community’s financials and operational details.
RealManage’s end-to-end technology platform, recognized as the best in the industry, empowers board members to make informed decisions and effectively lead their communities.
In addition, RealManage offers expert guidance, comprehensive resources, and tailored support to help board members succeed in their roles and lead with confidence. For residents, the company is committed to enhancing property
values and improving their overall living experience. RealManage also provides a suite of custom on-site services to lifestyle communities offering an array of amenities that have an on-site staff.
RealManage’s ’s local expertise, backed by the strength and resources of a national leader, ensures tailored solutions that meet the unique needs of each community. By simplifying HOA management and exceeding expectations, RealManage helps communities thrive, making them stronger, more vibrant, and better positioned for long-term success.
Money-Saving Tip— Implementing a preventative maintenance schedule can reduce long-term repair costs and extend the lifespan of community assets, saving money and improving overall property value.
For more information about RealManage, call 866-403-1588 or visit www.realmanage.com
Seacrest Services
Founded in 1968, Seacrest Services Inc. has professionally provided premium community management services since 1975, achieving complete customer satisfaction in all our communities.
Through steady planning, Seacrest has brought its unique
approach to property management and landscape maintenance to serve Palm Beach, Martin, and Broward Counties while continuing to offer the same commitment to excellence today as we did more than 50 years ago. The longevity of our clients is matched by the tenure of our employees. We maintain one of the highest levels of experienced employees in our industry, ensuring that your community association gets the professionalism and expertise it deserves.
With full-service community management services, professional accounting and financial services, 24/7 live community support, and complete landscaping and property maintenance services, Seacrest has the resources and knowledge to tailor a custom management plan for your community association.
Discover the Seacrest difference for your community and contact us today at 1-888-828-6464 or visit us at www.seacrestservices.com.
Seacrest Southwest
The Seacrest Southwest mission is to guide and propel Southwest Florida communities toward a thriving and successful future.
This journey involves harnessing technological advancements, providing efficient management and oversight for our partner communities, and serving as a reliable professional resource for board members.
At Seacrest Southwest we believe in providing a total quality management approach toward management and services to our customers. Defining the desired results, identifying the appropriate means, and implementing systems of measurement while continuously seeking improvement all become underlying foundations of this approach.
We set ourselves apart through resolute 24/7 customer service and hospitality, robust accounting and reporting capabilities, a steadfast focus on total quality management, tailormade solutions, cutting-edge technology integration, and our family-owned, locally driven decision-making. These aspects collectively solidify our position as leaders in the industry. Through dedicated performance and a commitment
to excellence for over 40 years, Seacrest Southwest stands as the premier leader in full-service community association management in Southwest Florida. For more information on Seacrest Southwest, contact us at 239-261-3440 or visit us at www.SWPropMgt.com.
Sentry Management
At Sentry Management our purpose is to nurture communities we are all proud to call home. Our reliable services and team-based approach put our communities first, consistently enhancing property values by supporting the board’s endeavors and improving the lifestyles of residents.
As we’ve grown over the last five decades to become one of the nation’s largest full-service management companies, we have never forgotten that our roots are always local, and our community always comes first.
Headquartered in Florida with 14 offices in the Sunshine State alone, Sentry Management’s team of over 1,000 experienced professionals embraces the honor to serve our communities every day. We empower our community managers with comprehensive training,
dedicated support teams, and constantly evolving technology.
Based on a survey of our employees, the Orlando Sentinel Media Group named Sentry Management a Top Workplace in Central Florida. Sentry was also named a National Top Workplace by USA Today in 2024 and 2025.
For more information on community association management services, locations, and careers at Sentry Management, call 407-788-6700 or visit www.sentrymgt.com
Vesta Property Services
Vesta Property Services, Florida’s most trusted association management company, is proud to celebrate 30 years of excellence in managing homeowners’ associations, condominium associations, property associations, and amenities. With over 1,200 professionals in fully staffed local offices, we serve more than 250,000 residents and unit owners with expert services.
30 Years of Tailored Community Management
For three decades Vesta has provided customized solutions to meet the unique needs of each community. We also offer free
educational resources, including webinars and legislative updates, to keep board members and residents informed. As a premier amenities management company, Vesta delivers toptier lifestyle services such as pool and spa maintenance, wellness programs, special events, food and beverage operations, and more. Our financial services division offers expert fiscal management, financing solutions, low closing costs, and strategic consulting to help communities thrive.
Local Expertise, Strong Leadership
Each community is managed by a licensed association manager backed by an experienced executive team.
Money Saving Tip—Stay on top of small repairs to avoid big expenses! Keep your home looking fresh with regular maintenance and landscaping—it’ll boost your property’s value and charm!
For more information, call 877-988-3782 or visit VestaPropertyServices.com. Your community. Our commitment. n
Over 30 years of Community
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
2005 Vista Parkway, Suite 211 West Palm Beach, FL 33411 561-544-1122 www.jilsamanagement.com
KW PROPERTY MANAGEMENT & CONSULTING, LLC 8200 NW 33rd Street, Suite 300 Miami, Florida 33122 305-476-9188 www.kwproperty management.com A Professional and Independent Approach to Management.
5455 A1A South St. Augustine, Florida 32080 904-461-9708
www.maymgt.com
Over 20 years in Northeast Florida! Qualified Property Management 5901 US Highway 19, Suite 7 New Port Richey, Florida 34652 877-869-9700 www.QualifiedProperty.com
5523 W. Cypress Street, Suite 102 Tampa, Florida 33607 866-403-1588
www.RealManage.com Serving Orlando and Tampa Communities.
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Seacrest Southwest 1044 Castello Drive, Suite 206 Naples, Florida 34103 239-261-3440; swpropmgt.com Leading Your Community into the Future
Towers Property Management 1320 N. Semoran Blvd., Suite 100 Orlando, FL 32807
Florida Management Companies by Zone Zone Map on Page 20
Fiber Smarts: How Community Associations Can Make Apples-toApples Bid on Internet Services
BY JOHN PERSON
In today’s always-connected world, fast and reliable internet is no longer a luxury; it’s an essential utility. For community associations, investing in a fiber-optic network is one of the most impactful decisions a board can make. But with multiple vendors offering competing proposals, how can boards ensure they’re making a true apples-to-apples comparison? The truth is that not all fiber internet services are created equal. For a connection to be considered true Fiber-to-the-Home/Unit (FTTH/U), the fiber must run directly from the source all the way to each individual unit. To properly assess this, boards must understand the construction methods and network configuration behind each proposal.
What’s more, providers often differ significantly in their use of technical language, service packages, and pricing structures, making it easy to miss key differences that affect long-term value. Choosing a provider based on price alone may seem fiscally responsible in the short term but can result in performance issues, resident complaints, and expensive transitions later.
Photo by iStockphoto.com/Suchitra Sangsuwan
This article offers a strategic framework to help community associations evaluate fiber-optic proposals side by side, so boards can make informed, confident decisions that benefit their residents for years to come.
THE CHALLENGE OF COMPARISON
Community boards often receive multiple bids from internet service providers, each with differing packages, pricing models, and technical terminology. One may include equipment while another charges separately. One might offer “gigabit service” but only deliver that speed to a shared node and not to each unit. Another might provide symmetrical upload and download speeds while others don’t.
It’s easy to get lost in technical jargon or misled by seemingly lower prices. Without a standardized evaluation process, boards may compare vastly different services under the
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assumption they’re the same. What is the result? It is missed opportunities, gaps in future-proofing, and resident dissatisfaction.
To avoid this, communities should adopt a consistent method for evaluating bids across a set of core categories.
WHAT TO COMPARE: SEVEN CORE CATEGORIES
1. Network Infrastructure and Technology
Start with the fundamentals: What is the provider actually delivering? True fiber-to-the-home/unit (FTTH/U) means the fiber-optic connection
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COMMUNITY ASSOCIATION LAW SERVICES:
Covenant enforcement
Covenant amendments
Contract review/negotiation
Collection of assessments
Meeting package preparation
Attendance at meetings
Legal counsel on all day-to-day operational decisions
Review and negotiation of loan/line of credit documents
General litigation And more!
TURNOVER & CONSTRUCTION DEFECT SERVICES:
Turnover meetings
Review of turnover documents
Assisting in the selection and hiring of turnover auditors, engineers and other consultants
Chapter 558 inspections and procedures
Negotiating repair protocols
runs directly into each residence, offering the fastest, most reliable service. In contrast, some providers use fiber only to a central node or curb, finishing the connection with outdated copper or coaxial cables that can create potential bottlenecks.
Boards should also ask about the type of fiber technology used. GPON (Gigabit Passive Optical Network) is common but often shared across multiple units. XGS-PON, a newer standard, supports higher symmetrical speeds and better scalability.
Ask the following questions:
“What’s the last-mile technology?”
“Is each unit receiving a dedicated fiber connection?”
2. Symmetrical Speeds & Scalability
Download speed is often the headline number, but upload speed is just as critical, especially with video conferencing, cloud storage, and smart home devices becoming commonplace.
Symmetrical speeds (e.g., 1 Gbps down and 1 Gbps up) provide a smoother experience than asymmetrical ones (e.g., 1 Gbps down, 100 Mbps up). Boards should also consider whether the network can scale to 2 Gbps or even 10 Gbps without significant infrastructure upgrades.
Providers should clearly outline current speed tiers and their roadmap for future upgrades.
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Questions to ask include the following:
• What is the maximum speed you can offer (1G/10G/50G)?
• Are speeds symmetrical?
• If your ceiling is 1G today,
what do you need to change to offer 10G?
3. Equipment and In-Unit Installation
A fiber network is only as good as its delivery point inside the home. Pay close attention to the customer premises equipment (CPE) included in the proposal.
These are some key questions to ask:
• How many WiFi access points are included?
• Is the network professionally managed or simply basic hardware?
• Is installation handled by technicians, or is it self-install?
These details directly impact resident satisfaction and can reduce the volume of service calls.
4. Service Level Agreements (SLAs)
SLAs define the performance
standards the provider is contractually obligated to meet. This is where strong partners separate themselves from the rest. Look for the following:
• Uptime guarantees
• Guaranteed response and resolution times
• Proactive monitoring and outage notifications
Also ask whether service credits are issued for missed SLAs. Providers who offer this show a real commitment to accountability.
5. Support and Customer Experience
Even the best technology can fail if support is subpar. Associations should evaluate the provider’s customer service experience. The following are key considerations:
• Is there a dedicated support line for the community?
• Are customer service reps local or overseas?
• What are average wait times and first-response rates? Support is more than fixing problems; it’s about trust and peace of mind.
6. Bulk Pricing and Contract Terms
Price matters but only in the context of what’s included. Ask the following:
• Does the price include equipment, installation, and maintenance?
• Are there hidden fees or annual escalators?
• What is the contract length, and are there renewal options?
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Boards should evaluate the total cost of ownership, not just the monthly per-unit price. A seemingly cheaper provider may cost more in the long run due to poor performance or lack of support.
7. Added Value and Future-Proofing
Some providers offer additional features that enhance value and readiness for the future, such as these benefits:
• Bundled streaming, voice, or security services
• Community-wide WiFi in common areas
• Resident dashboards or usage reports
• Ongoing infrastructure upgrade plans
• Seasonal pause plans for snowbird communities
Ask how the provider plans to support future needs, like
WIFI7, 50G-PON, smart buildings, or energy-efficient technology upgrades, without major reinvestments.
CREATING A STANDARDIZED BID COMPARISON
To make a true apples-to-apples comparison, boards should develop a bid checklist using the categories above. Require all vendors to complete this checklist during the RFP (Request for Proposal) process. This removes ambiguity, highlights differences, and helps boards clearly identify the proposal that delivers the most value for the contract. Here’s a simplified example:
SLA 24h response 48h response 12h response
Support 24/7, local Business hours only 24/7, overseas
Property management is a balancing act.
When you lead your community on a path of change, every decision is an important one. With competing priorities, juggling it all as a community leader can seem complex. But it doesn’t have to be. Our local team has the expertise and solutions to anticipate your needs and respond. Our service-first philosophy means we don’t stop until what’s complicated becomes uncomplicated.
Welcome to life, simplified.
Visit LifeSimplified.com
COMMON PITFALLS TO AVOID
Even with a solid framework, boards can fall into the following common traps:
• Focusing solely on price without understanding what’s included
• Assuming all fiber networks are built the same
• Ignoring SLAs and support structures
• Failing to gather resident input on pain points and expectations Boards can avoid these missteps by asking the right questions and expecting detailed answers.
FINAL THOUGHTS: FIBER AS A LONG-TERM INVESTMENT
Fiber is more than a utility—it’s infrastructure that defines the digital experience of your community. Making decisions based on long-term value rather than short-term cost ensures that residents enjoy fast, reliable internet now and are ready for the technologies of tomorrow.
By applying a clear, consistent approach to comparing bids, community associations can protect their investment, increase resident satisfaction, and build lasting partnerships with providers who are committed to future-ready solutions.
If your board is preparing to evaluate internet bulk proposals, start by creating a comparison checklist or reach out to a provider, like Fibernow, that can help guide you through the process. A wellinformed decision today leads to a better-connected, future-proof community tomorrow. n
FIBER IS MORE THAN A UTILITY—IT’S INFRASTRUCTURE THAT DEFINES THE DIGITAL EXPERIENCE OF YOUR COMMUNITY. MAKING DECISIONS BASED ON LONG-TERM VALUE RATHER THAN SHORTTERM COST ENSURES THAT RESIDENTS ENJOY FAST, RELIABLE INTERNET NOW AND ARE READY FOR THE TECHNOLOGIES OF TOMORROW.
• HOMEOWNERS
• CONDO ASSOCIATIONS
• HOA ASSOCIATIONS
• TOWNHOMES
• SHOPPING CENTERS
• COMMERCIAL PROPERTY OWNERS
• PROPERTY MANAGERS
Taking Care of Concrete Deterioration
BY STANLEY R. SWAYSLAND, PE
The things you know about can be dealt with. Some of the things you don’t know can be anticipated and planned for. However, some of the things that you don’t know can be so far out of the norm that you are caught by surprise.
We had a project on the Fort Lauderdale beach that was built in the 1960s. By now, we all know that 60-year-old, high-rise apartment buildings on the Atlantic coastline will have significant concrete deterioration. The salts in the marine atmosphere coupled with decades of lack of proper concrete cover, protection, sealing, waterproofing, and/or maintenance cause the steel reinforcing bars to corrode resulting in cracked and spalled concrete. Back in the condominium boom decades of the late 1960s, ‘70s, and ‘80s, the authors of the South Florida Building Code, covering Dade and
Photo by iStockphoto.com/tupungato
Broward Counties, kowtowed to real estate developers by allowing ¾-inch concrete cover over cantilever balcony slab top reinforcing bars in lieu of the American Concrete Institute (ACI) national standard of 1-½ inches. This code downgrade lessened the cost of construction by reducing the concrete slab thickness but also lessened the concrete protection to the top bars from the salt-laden rainwater. What was thought at the time to be a relatively benign code change has had disastrous results on hundreds of thousands of cantilever balconies in Dade and Broward Counties. Additionally, carpet was a popular balcony covering and retained water on the balconies but wasn’t discontinued until the late 1990s.
This particular building, it turned out, had the concrete frame mostly constructed but not the building envelope before the developer ran out of money. The building structure was left exposed to the elements for several years before another developer purchased the property and completed construction.
STANLEY R. SWAYSLAND, PE, FOUNDER, SWAYSLAND PROFESSIONAL ENGINEERING CONSULTANTS
Stanley R. Swaysland, PE, founded Swaysland Professional Engineering Consultants Inc. in 1990 to provide consulting engineering services to South Florida condominiums. The firm specializes in concrete restoration, painting, waterproofing, reroofing, window and sliding glass door replacement, milestone reports, 40-year building safety inspections, and structural engineering. Swaysland is now headed by the next generation: Evan M. Swaysland, PE (evan@swaysland.com). Contact Evan or Jaimini Samaroo (jaimini@swaysland.com) for information.
This sequence of events allowed the reinforcing bar corrosion process to start sooner than usual.
Additionally, the building had not been well maintained as evidenced by severe cracking at the exterior building columns. In the past, these vertical concrete cracks had been merely caulked by the painters, who had actually done a good job of hiding the cracks. Once the repair project commenced and the swing stages were installed, the exterior walls and columns could be carefully examined, and the cracks were discovered. The cracks were severe, and expensive temporary shoring was needed at several columns extending the full height of the building.
Anyone involved with condominiums knows that record keeping is challenging at best. Managers and management companies change often, important documents are lost in the shuffle, plans are “loaned” to architects, engineers, and contractors and not returned, etc. It is important for associations to keep an accurate and complete record of all structural concrete repair and painting and waterproofing projects. These records are essential for establishing a warranty claim and helpful for the engineers, establishing protocols for the next project. n
Large-Scale Projects: The Value in Project Coordination Services
BY TRACI LEHMAN
Community association managers balance a wide range of day-today responsibilities to ensure that the needs of their communities are met in a timely, organized manner. However, when large-scale projects arise—such as major capital improvements or insurancebased repairs—many boards may assume that full project coordination and oversight are included in their manager’s standard scope of work. For communities with a contracted community management company, complex project coordination typically falls outside the standard role of their community manager due to the vast amount of time and effort required. In particular, community managers with a portfolio of communities have a finite, not infinite, amount of work capacity.
Photo by iStockphoto.com/wichayada suwanachun
Many community management companies, including Sentry Management, often offer added project coordination services to bring in trusted vendors, organize project quotes, and serve as the liaison between the board and project vendors for proper largerscale project coordination. These services offer a structured approach to coordinate major projects and facilitate professional and experienced guidance for associations.
PROJECT COORDINATION BENEFITS
While community managers work with vendors and oversee day-to-day common area maintenance, the complexity of largescale projects demands a higher level of involvement than many management companies can assist with. For example, capital
TRACI LEHMAN, EXECUTIVE VICE PRESIDENT OF ASSOCIATION MANAGEMENT, SENTRY MANAGEMENT
Traci Lehman is the executive vice president of association management at Sentry Management. Traci has over 25 years of experience in the community management industry and helped to found Sentry Management’s in-house project coordination program. For more information, visit sentrymgt.com.
projects require meticulous planning, vendor vetting, and ongoing coordination to facilitate timelines and budgets. Likewise, when natural disasters require major insurance-based projects for repair and replacement or reconstruction efforts, similar logistics arise, and any issues with insurance payout logistics could derail or delay a project’s completion timeline. This is when communities may find that, while project coordination services are an added service to their monthly management fee, they are well worth the investment.
Management companies with project coordination services work as liaisons between the board and the various professionals involved in the project, facilitating clear communication and streamlining decisionmaking. Rather than leaving boards to navigate complex projects alone, management company project coordinators can deliver the necessary facilitation with vendors so that projects stay on track and within
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budget. Here are some additional benefits boards should consider when considering project coordination services:
TRUSTED AND EXPERIENCED VENDOR NETWORK
One of the key benefits of utilizing a management company’s project coordination services includes access to a vetted network of trusted and experienced vendors. Boards may struggle with selecting the right contractors and consultants for large-scale projects, particularly when they lack industry knowledge or experience. A management firm with established vendor relationships can solicit multiple competitive bids to review proposals and assist the board in selecting reputable professionals for the job.
In addition to a trusted vendor network, management companies with project coordination services understand how to evaluate vendors’ proposals such that scope, costs, and timelines are clearly defined. Leveraging their industry experience, they can also help protect associations from unexpected expenses, and work with the board’s attorney on potential legal issues with a trusted vendor network that has the appropriate insurance and certifications for the job.
COMMUNICATION AND PROBLEM-SOLVING
When an association undertakes a major project, boards can quickly find themselves inundated with questions, approvals, and problem-solving responsibilities they are not equipped to handle. Management companies with project coordination programs alleviate this burden by acting as the board’s representative throughout the project’s timeline. From initial plan-
ning and contract execution to ongoing progress updates, they can keep the board properly informed without being overwhelmed.
This liaison role is increasingly valuable for boards during unforeseen circumstances. For example, construction delays, change orders, or insurance payment issues can complicate even the most wellplanned projects. With project coordination services, boards can anticipate these challenges and keep the project moving efficiently, all while the association’s management company keeps homeowners and board members adequately informed through timely communication. This level of coordination allows for associations to achieve the best possible outcome, enabling board members to focus on their fiduciary duties rather than the intricacies of large-scale project management.
AN AWARD-WINNING & INNOVATIVE LEGAL TEAM
SEAMLESS PROJECT COORDINATION
For associations undertaking major construction, renovation, or repair projects, additional project coordination services are a strategic investment that can yield long-term benefits. Companies like Sentry Management understand that large-scale projects require dedicated attention and specialized knowledge. Additionally, as this typically falls outside a community manager’s scope of work, communities will find that vendor selection and project organization are more adequately handled by capital project coordination services. By offering project coordination services, management companies bridge the gap between everyday community management and complex project execution, ultimately assisting boards in making informed decisions for their communities.
SENTRY MANAGEMENT’S PROJECT COORDINATION PROGRAM
Rick Alfonso SVP/Director of Specialty Products
Borrero VP/Business
Sentry Management developed a project coordination program with a select few trusted capital construction partners for large-scale projects—such as roofing, repaving, pool resurfacing, elevator installation, etc.—and post-disaster insurance projects. Sentry managers, along with local leaders, handle the project coordination duties, providing comprehensive updates to the board and residents for simplicity and transparency. This ensures Sentry communities receive best-in-class services, trusted and timely vendors, favorable warranties, competitive pricing, and more. n
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Preserving Curb Appeal and Structural Integrity: The Importance of Exterior Wall Restoration
BY ALEXANDRA FREEMAN
Florida’s unique climate presents a dual challenge for community associations: maintaining aesthetic appeal while protecting buildings from the elements. Between relentless sun exposure, salt-laden coastal winds, and high humidity, exterior walls are constantly under attack. Proactive restoration and maintenance are essential to preserving not only a community’s beauty but also the longevity of its structures.
Over time exterior wall coatings degrade, becoming discolored and worn due to environmental factors. Silicone-based coatings, while highly durable, tend to accumulate atmospheric dust and dirt, leading to unsightly stains. Unfortunately, traditional cleaning
Photo by iStockphoto.com/Marina113
For more information about SilcoPrime, please call 800-523-6688, email petschr@pecora.com, or visit www.pecora.com/products/wallcoatings-sealers/primer/. methods often provide only temporary relief, and repainting can be problematic due to adhesion issues with non-siliconebased coatings.
Without proper maintenance, deteriorating wall surfaces can lead to deeper structural concerns. Cracking, peeling, and moisture intrusion compromise not just the building’s curb appeal but also its overall integrity. Ignoring these issues can result in costly repairs, potential liability concerns, and decreased property values within the community.
The best long-term strategy for maintaining exterior walls involves both preventive measures and innovative solutions that ensure proper adhesion of new coatings. Modern advancements in primers and sealants now allow community associations to refresh aging surfaces without costly and labor-intensive removal of existing coatings. These specialized primers create a strong bond between older siliconebased coatings and new architectural finishes, ensuring longlasting adhesion and a seamless, durable finish.
By investing in exterior wall restoration using the right products and techniques, communities can enhance their property values, improve energy efficiency, and extend the lifespan of their buildings. Partnering with experienced contractors and selecting high-performance materials will keep Florida’s vibrant residential communities looking pristine for years to come.
One of the most effective solutions for long-term exterior restoration is SilcoPrime, an advanced STPU-based interlaminary primer designed to bridge the adhesion gap between existing silicone-based coatings and new architectural finishes. Traditional acrylic coatings often struggle to bond with weathered silicone surfaces, limiting restoration options. However, SilcoPrime creates a durable, permanent bond, allowing communities to revitalize their buildings with a fresh, long-lasting finish. Extensively tested for durability and performance, SilcoPrime is easy to apply by brush, roller, or sprayer and meets federal and local VOC regulations, making it a cost-effective and environmentally responsible solution. By leveraging this innovative primer, associations can restore their properties with confidence, preserving both curb appeal and structural integrity for years to come.
For associations looking to upgrade their exterior maintenance strategies, now is the time to explore innovative restoration solutions that offer both protection and aesthetic enhancement. A proactive approach today ensures a more resilient and attractive community tomorrow. n
Selecting the Right Property Management Company for Your Community Association
BY ASHLEY DIETZ-GRAY
Choosing a property management company is a vital decision for any community. Each community has its own unique characteristics and needs, which means the management approach must be tailored accordingly. Here are some key considerations to help you find the best fit for your community.
ASSESSING YOUR COMMUNITY’S NEEDS
To determine the type of management your community requires, consider the following factors: Size and Complexity—Larger communities with a variety of services will need more advanced management solutions.
Photo by iStockphoto.com/Nadzeya Haroshka
The complexity of your community will dictate the level of expertise required.
Budget—The financial resources available will influence the type of management services you can afford. Smaller budgets may necessitate simpler management solutions.
Volunteer Availability—If community members are less inclined to volunteer, the management company will need to take on more responsibilities.
Services and Amenities— Communities with numerous and diverse amenities will require a management company capable of handling a wide range of tasks.
Community Goals—What is most important to your community? What are your biggest challenges? Do you have any upcoming projects? You will need to find a management
Ashley Dietz Gray has been handling the marketing at Campbell Property Management since 2013. She is a native Floridian who shines at building relationships and getting things done with a positive attitude. Ashley graduated summa cum laude from Florida Atlantic University with her bachelor’s in communications. She has always believed “knowledge is power” and has made it Campbell’s mission to offer free education through in-person events, webinars, and their blog, Florida Association News (FAN), to board members and property managers of condominiums and HOAs throughout Florida. Ashley has worked hard to spread the word about FAN, which currently has over 35,000 subscribers. To check out FAN and access all of Campbell’s past and upcoming webinars, visit ReadFAN.org. For more information, call 954-427-8770, email contact@CampbellPropertyManagement.com, or visit www.campbellpropertymanagement.com
company that is aligned with your goals and has the knowledge and resources to help your community tackle those challenges and projects.
INITIATING THE SEARCH
Once you have a clear understanding of your community’s needs and budget, you can begin the search for a suitable management company. Follow these steps:
Define Your Needs— Clearly outline the services you expect from a management company and any specific expertise required.
Identify Potential Companies— Look for companies with experience managing communities similar to yours and request proposals from them.
EVALUATING MANAGEMENT COMPANIES
When reviewing potential management companies, consider the following criteria:
Reputation and References— Investigate the company’s reputation and seek feedback from other communities they manage. How long have they been in business? Do they have clients with similar needs? Do they have favorable online reviews?
Contract Terms— Ensure the contract is flexible and allows for adjustments if your community’s needs change. Be cautious of companies that offer initial discounts but lock you into long-term agreements.
Customization— The management company should be able to tailor their services to meet your community’s specific needs, especially if your community is complex.
Staff Quality— Look beyond the sales team to understand the quality of the company’s staff. How do they hire, train, and retain their employees?
Address Areas of Concern— Take a deeper dive into how the management company will improve community operations and processes.
Support and Training— Assess the support the company provides to its property managers. Do they offer ongoing training and support?
What systems are in place to ensure their managers succeed?
A capable property management company can significantly reduce the workload for your board and committees. As the board of directors, your primary role is to provide guidance and oversight. The day-to-day management tasks will be handled by the management company, allowing you to focus on strategic decisions.
Selecting the right property management company is crucial for the success of your community. By understanding your community’s unique needs, defining clear requirements, and carefully evaluating potential companies, you can find a management partner that will help your community thrive in 2025 and beyond. n
Managing a Successful Partnership with a Laundry Equipment Vendor
BY KENDAL KOPP
N
avigating the ins and outs of managing a shared laundry facility can be a challenge for any community board member, especially when it comes to working with a laundry equipment vendor. From recordkeeping to resolving disputes and engaging residents, there’s a lot to keep track of. However, with the right tools and strategies in place, your board can establish smooth operations, maintain positive relationships with vendors, and productively meet the needs of your community. Whether you’re a new board member or just looking to improve your processes, here’s a guide to help you confidently manage these essential aspects.
Creating a “New Board Member Reference Guide” ensures smooth operations when working with a laundry equipment vendor like Commercial
Photo by iStockphoto.com/gorodenkoff
Laundries Inc. This guide should outline specific practices your board can distribute accordingly to each member to keep managing organized. Here are a few examples:
• Recordkeeping— All agreements, service schedules, and financial records are organized and easily accessible.
• Dispute Resolution— Protocols should be included to handle any issues that arise with equipment performance, service, or billing promptly and fairly.
• Roles and Responsibilities— Within the board these need to be clearly defined, ensuring everyone understands their tasks when managing contracts, liaising with the vendor, or overseeing operations.
Kendal Kopp is a dynamic professional specializing in editing, writing, media design, and public relations. With a talent for storytelling and an eye for detail, Kendal creates engaging content that connects with her audiences. Renowned for her editing expertise, she refines content to ensure clarity, precision, and impact. She combines her creativity and technical expertise in media design to deliver visually compelling projects like web design, video, and photography content. Her PR experience includes crafting strategic messaging and building meaningful brand relationships. For more information, please visit commerciallaundries.com.
• Resident Engagement—Fostering this engagement is extremely important as regular communication with residents about laundry services and gathering feedback can help improve the overall experience and ensure that vendor agreements align with community needs
To expand effective recordkeeping is crucial whether your board is leasing or owning laundry equipment as it helps secure smooth operations and financial transparency. When you are leasing your
Continued on page 50
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KOPP, DIRECTOR OF PUBLIC RELATIONS AND MEDIA CONTENT, COMMERCIAL LAUNDRIES
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equipment, it is important to keep detailed records of your lease agreements, payment schedules, and service agreements from your vendor for tracking costs and managing contract terms. Similarly, if you own your equipment, maintaining logs of maintenance, repairs, and warranties can help extend the lifespan of your machines and avoid unexpected expenses. A well-organized record system allows boards to compare long-term leasing costs with the benefits of ownership, making it easier to make informed decisions about the most cost-effective solution for the property. This also helps to avoid any issues that may arise with equipment performance and reaching out to the vendor for help. Once your board is organized in their positions of power, you will be guaranteed that someone will reach out to your vendor if maintenance services are required, along with a log that shows the last time you had someone come to your property to manage any issues you were having. This helps in the long run when it comes time to upgrade your equipment or negotiate a new lease.
Working as a community is key to running a successful business, from the property manager to the board and even the residents. Maintaining a shared laundry room can be challenging, especially when it comes to keeping residents engaged in using the equipment and receiving feedback from them. Regularly communicating with residents about service updates, pricing changes, or machine upgrades for properties that lease can
help manage expectations and maintain satisfaction. Engaging residents in feedback loops ensures their needs are being met and may even reveal areas for improvement that can be addressed with the vendor. Your residents will feel safe knowing their concerns don’t go unnoticed and they live in a building that takes their issues into play. You may even want to put a community incentive, like monthly clubhouse pizza parties or a raffle to win a gift card to a local establishment, for providing feedback by entering feedback slips to the main office. Whether you lease or own your equipment, understanding residents’ experiences and preferences helps ensure the laundry facility remains a valuable amenity while supporting the overall goals of the property management team.
In conclusion, managing a successful partnership with a laundry equipment vendor requires more than just signing contracts and making payments. It involves clear communication, organized recordkeeping, and a strong commitment to resolving issues quickly and fairly. By creating a reference guide for new board members, defining roles and responsibilities, and fostering resident engagement, your board can ensure that your laundry facilities run smoothly and efficiently. Properly addressing disputes and maintaining a collaborative relationship with your vendor will help keep operations running without disruption. Remember to divide and conquer within your board members to make the most of your community. With these strategies in place, your community will benefit from not only a well-maintained laundry facility but also a more engaged, informed, and satisfied group of residents. n
WHETHER YOU LEASE OR OWN YOUR EQUIPMENT, UNDERSTANDING RESIDENTS’ EXPERIENCES AND PREFERENCES HELPS ENSURE THE LAUNDRY FACILITY REMAINS A VALUABLE AMENITY WHILE SUPPORTING THE OVERALL GOALS OF THE PROPERTY MANAGEMENT TEAM.
BY UNICOAT ROOFING
Overcoming the Elements A
Siesta Key, Florida, condominium roof project of 15,000 square feet had to be torn all the way down to the concrete deck. The existing roof was a previously coated modified bitumen roof, and it was replaced with a Henry spray polyurethane foam and white high-solid silicone.
The condominium had been required by their insurance company to replace the existing roof as it had exceeded its lifespan of 20 years. Since Windward Passage is on the water, they were looking for a system that would withstand high winds as they are susceptible to hurricanes. They had been given a deadline to have their roof completed and needed it done in a timely fashion. To minimize disruption, this project was done while most of the part-time residents were away. This presented a unique challenge as it was the rainy season, and most of the days included afternoon rains.
Unicoat had to be aware of the weather forecast and plan accordingly to
Photos courtesy of Unicoat
maximize the days that they were able to work. When there was a day that had no rain, it would consist of eight to ten guys tearing off the existing roof, starting at 7:00 am. After the existing roof was torn off, the concrete was primed and foamed to make sure it was watertight. After the base layer, additional foam was sprayed to create pitch and eliminate ponding water. Once all the foam had been sprayed, High Solid Silicone was applied to meet Henry’s specifications for a 20-year warranty. New Hercules OMG retrofit drain inserts were also installed as well as edge metal around the wall flashing. This project was finished prior to Hurricane Milton. The advantages of a foam roof can be seen in the pictures as this system installed directly to concrete has a minimum design pressure of -575 psf. Foam roofs are also monolithic, and there are no seams for the wind to grab hold of. Needless to say, the Henry foam roof system did its job, and there was no damage after Hurricane Milton! n
UNICOAT INDUSTRIAL ROOFING
Unicoat Industrial Roofing is a trusted contractor specializing in extending the life of your roof with various roof coating solutions. If you are looking for ways to maximize your budget and the life of your roof, call today to learn more about our services. For more information, call 800-510-7661 or visit www.unicoatroof.com
Community Community
Florida Community Association Professionals’ (FCAP) training is offered on two levels. Level one consists of courses meeting Florida’s continuing education requirements for CAMs, and level two is the Florida Advanced CAM Studies (FACS) course. For further information about the more than 31 online continuing education classes available or to pursue the Certified Florida Community Association Manager (CFCAM) designation, please visit www.fcapgroup.com/membership/education-training/ .
EXTERIOR RENOVATIONS, RESTORATION, AND UPGRADES
By Marcy Kravit, CMCA, AMS, PCAM, CFCAM, CSM Director of Community Association Relations
Hotwire
Communications
FCAP Education
Program Coordinator
Does your community have curb appeal? When prospective buyers visit a community, its visual appeal can greatly influence their decision to explore further or move on.
Community managers play a key role in ensuring properties attract prospective buyers and maintain competitive property values. This requires strategic planning and a dedicated focus on enhancing the exterior aesthetics, common areas, and building structure.
Board members are responsible for protecting and improving property values, which is often achieved through renovations and upgrades. The board sets standards and financial goals to ensure these improvements are met.
Over time the traffic, wear and tear, and aging of structures create the need for renovations and repairs. Renovations are essential for meeting aesthetic, safety, and health standards for the community. Exterior improvements involve replacing or restoring major building components, common areas, or systems.
Here are some key areas to consider for renovation:
Roof Replacement— Roof replacement is a substantial investment. Hiring a reputable contractor is essential. Consider working with an engineer or roofing consultant for project specifications and evaluations. Plan ahead to account for potential delays caused by high demand or material shortages, especially during hurricane season.
Window Replacement—Upgrading from old, single-pane windows can significantly lower energy costs, prevent leaks, and increase property value. New double- or triple-pane windows offer significant energy
savings compared to older, drafty windows.
HVAC/Cooling Tower
Replacement— When upgrading your cooling system, hire a qualified contractor to assess its condition and suggest improvements for efficiency. After installation ensure the contractor provides maintenance guidance to maximize its performance and longevity.
Landscaping Upgrades—
Working with a landscape architect can improve your property’s curb appeal. Landscape architects can recommend functional, attractive, and environmentally conscious designs and also recommend irrigation system upgrades for long-term landscape health.
Door Replacement/ Automatic Doors— Replacing exterior doors can improve accessibility, security, and style. Automatic doors add convenience and ease of access.
Paver Installation— Pavers add elegance to the common areas. Whether formal or casual in design, they provide a durable, upscale look to the community.
Marcy L. Kravit
Railing Replacement— Upgrading railings can enhance a building’s design. Options come in a variety of styles, from curved, tempered glass to standard pre-assembled versions, offering a range of aesthetics and functionality.
Parking Garage Repairs and Renovations—A comprehensive strategy for addressing water penetration issues is essential in parking garages. Without adequate protection, concrete structures can suffer significant deterioration.
Asphalt Replacement, Seal Coating, and Striping—Asphalt surfaces can deteriorate over time due to mineral deposits, sun exposure, and oil or grease buildup. Regular seal coating and striping not only maintain the appearance of parking lots and walkways but also extend their lifespan.
Balcony Restoration/ Painting—Properties, particularly those near coastal areas with exposure to salt air, often require periodic restoration to maintain the integrity of their balconies. This includes cleaning, rebar replacement, sealing, and painting to ensure durability and safety.
Planter Waterproofing— While planters enhance the aesthetic appeal of the community, if not properly waterproofed, they can cause structural damage. Leaks can lead to delaminating deck coatings, dry rot, and damage to areas below the planters.
Dock and Seawall Repairs/ Replacement—Proper maintenance and repair of docks and
seawalls are critical for ensuring safety. Issues like loose deck boards, rotting frames, and holes in seawalls need to be addressed promptly to prevent safety hazards.
Pool and Spa Upgrades—Even well-maintained swimming pools eventually require repairs, safety upgrades, and compliance with updated codes. Common issues like tile chips, cement cracks, leaks, and malfunctioning pumps should be addressed as part of pool upgrades.
Pool and Beach Furniture—Well-maintained outdoor furniture adds to the community’s aesthetic, but harsh environmental factors and improper care can shorten the lifespan of pool and beach furniture. Investing in new, durable furniture can enhance the appeal of the pool area.
Outdoor Lighting and Fixture Replacement—Outdoor lighting not only improves the beauty of the property but also enhances safety and security. Decorative lighting can transform a common area, while upgraded LED fixtures provide cost-effective, eco-friendly illumination.
Fences and Gate Systems—Choosing the right fence and gate system materials is key for enhancing both security and curb appeal. A welldesigned system provides a secure environment while complementing the property’s overall aesthetic.
Refurbishing Tennis/Basketball Courts—Upgrading sports courts, including repairing cracks or resurfacing, improves both the appearance and usability of the area. Regular maintenance ensures courts remain safe and functional for residents.
Tiki Hut Thatching Repairs—Replacing the thatch on tiki huts, as well as reinforcing the support structure, ensures durability and protects against weather damage. Over time bamboo can degrade, requiring regular maintenance to maintain the hut’s integrity.
Awnings—Awnings provide both shade and protection while adding a decorative touch. Options include UV-protected fabrics or multilayered materials that are durable, waterproof, and fire-resistant. Ensure that the awnings are fade-resistant to maintain their appearance over time.
KEY QUESTIONS FOR CONSIDERATION
When planning exterior renovations and upgrades, consider asking the following:
• What areas of the property need improvement or upgrades?
• What upgrades were postponed last year but should now take priority?
• Which items on the reserve schedule have zero life expectancy and need to be replaced or renovated?
PLANNING AND BUDGETING FOR RENOVATIONS
Once the board decides to update common areas, it may establish an operating committee to oversee the project. This committee is responsible
Continued on page 59
BECAUSE YOU ASKED
By Betsy Barbieux, CAM, CFCAM, CMCA
Betsy, I’m trying to get a violation committee started with our HOA. I watched your video on YouTube in regard to setting up a fine/appeals committee, but who sends out the violation letters? Do owners report violations? Or does someone inspect for violations?
We do have a letter that is sent out with a 30-day deadline before any other action is taken.
- Melanie
Melanie,
On the “front” end of the violation and fining process, the board needs to create a policy determining the following:
Who inspects for violations (person or committee) and a list of violations they are looking for
How many times is the owner notified and how: i.e., telephone call, friendly letter, then not friendly letter, then certified mail letter with drop dead date (whatever you decide, but you must be consistent).
Then the violation and all the documentation are given to the board to schedule for a board meeting to impose the fine.
Then the fine/appeals committee comes into play.
- Betsy
Betsy,
Is it still required to have a Florida bank for co-ops? The new treasurer is trying to simplify the banking without so many bank accounts, which would in essence help everything.
He has found a bank that is FDIC-insured, and I wanted to contact a few others before I talked with him again. Several other board members say it has to be a Florida bank.
- Lyndsey
Lyndsey,
I’ve never heard of a law like that for community association bank accounts. Unless your documents say something weird, there is no law. Your documents may say the bank has to be FDIC-insured, which is not only a good, best business practice but also fulfills the board’s fiduciary duty to protect the assets.
You need to be mindful of the $250,000 FDIC protection limit and may need to have your reserves in several banks. Many associations purchase laddered CDs in several banks to keep under the FDIC maximum.
Some associations have purchased fixed annuities, but I think CDs and money markets are better since you can shop for interest rates,
and it is easier to move money in and out.
I only recommend banks that have association services. Their customer services are online, which eliminates the need to gather all your board members together and drive to the bank to re-sign signature cards.
- Betsy Betsy,
This is that busy time of year again, and some of our candidates running for the board are not clear on what “transparency” means. I told them based on my experiences that everything a board does has to be transparent, meaning nothing is a secret. Even emails are discoverable. The only thing that is considered secret or confidential (behind closed doors) is legal issues, in regard to employees or contractors. Am I correct? Everyone needs to understand this.
- Randy
Randy,
Almost correct! Board meetings are open to the owners unless the board is meeting with the attorney or unless the board is discussing personnel (not vendors).
Owners who attend may make comments (not questions) to a designated agenda item and may be required to sign up ahead of time to speak and have their speaking time limited.
The board meeting notice with specifically designated agenda items must be posted 48 hours in advance of the meeting at the official posting place designated on association property.
Board meetings that impose special assessments, change the
Betsy Barbieux
insurance deductible, change rules affecting owners’ use of their units/ homes, and adopt the budget must have a meeting notice and agenda sent 14 days in advance along with attachments. The affidavit of mailing must be completed and kept in the official records.
Yes, emails related to board business can be considered official records. All financial records are open to inspection by owners. There are no exceptions. There are other records not available to owners, but very few listed in the statute.
- Betsy
Betsy,
I am managing a high-rise in Pompano Beach, and the board has tasked me with drafting a “board meeting speaking policy.” I’m reaching out to see if you might have a template for such. If you do, please let me know. I’d be happy to purchase it.
- Joey
Joey,
How wonderful to hear from you! I don’t have one written, actually, but I would just piece together some of the statutory language. Here is a mixture of condominium and HOA language.
Members have the right to attend all meetings of the board. The right to attend such meetings includes the right to speak at such meetings with reference to all designated items. The association has adopted written reasonable rules which require owners to sign up on a sheet prior to the meeting, approach the board table when called on, stand at the lectern and use the microphone, state their name and address, and make their comment. They may speak for up to three minutes. Minutes may not be shared with other owners. As a reminder, this is not a question and answer conversation. Board meetings are not informational meetings for the owners. Owners will be thanked for their comments and asked to be seated.
Hope this helps.
- Betsy
Continued from page 57
for evaluating options, making recommendations, and selecting contractors. Proper financial planning ensures that resources are available, eliminating the need for special assessments or fee increases.
Managing reserve funds is crucial for large-scale projects such as roofing, paving, or painting, especially those exceeding $10,000. A reserve study allows for long-term planning, preventing the need for unexpected loans or financial strain.
COMMUNICATION AND COORDINATION
Clear and consistent communication is essential. Residents should be informed about the project timeline, potential impacts, and expected outcomes. A well-coordinated effort between the operating committee, property manager, and contractors helps ensure the project runs smoothly and meets expectations.
CONTRACTOR SELECTION
When choosing a contractor, thoroughly vet their references and past projects. It’s advisable to select a contractor with a solid reputation that is experienced in condominium renovations. They should provide a detailed construction schedule and clearly outline timeframes before the contract is finalized.
CONTRACT AND PROJECT MANAGEMENT
Before signing any contract, confirm that the contractor is properly licensed and insured. Review the contract carefully to understand the scope of work, clear timelines, and payment terms. If necessary, include a liquidated damages clause to ensure deadlines are met.
FINAL CONSIDERATIONS
Once the renovation project is underway, ongoing monitoring and site meetings with the engineer are essential to assess progress. Maintaining a clean and organized work environment minimizes disruptions, especially in high-occupancy buildings.
Exterior renovations can significantly improve a property’s aesthetic appeal and also contribute to its long-term value. With proper planning, communication, and contractor oversight, these projects can significantly enhance curb appeal, increase property value, and enhance resident satisfaction.
By focusing on these aspects, the board of directors ensures the success of these projects while meeting the community’s needs and expectations. Thoughtful planning and attention to detail make exterior renovations a benefit for the entire community.
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Stacy rejoins Castle Group to leverage her exten-
sive industry knowledge and innovative approach. Prior to her return, she led a strategic growth initiative that significantly expanded a national division, redefining service delivery and support for on-site teams, residents, and board members.
“We are thrilled to welcome Stacy back to Castle Group,” said Jordan Goldman, CEO of Castle Group. “Her deep industry expertise, leadership, and strategic vision make her an invaluable asset as we continue to expand our footprint and elevate the level of service we provide to the communities we serve.”
Stacy holds a bachelors of business administration in accounting information systems from Pace University. She is also a licensed community association manager (LCAM) and a Certified Manager of Community Associations (CMCA®).
Recognized for her forward-thinking leadership and commitment to innovation, Stacy is dedicated to fostering growth and excellence within the property management industry. Castle Group looks forward to the impact she will make as a key member of the executive leadership team.
For more information about Castle Group, visit www.castlegroup.com. n
REMBAUM'S ASSOCIATION ROUNDUP
Board Member Fiduciary
Duties Owed to the Association
BY JEFFREY A. REMBAUM, ESQ.
What is the standard of care that a community association officer and board member owe to their association? The Homeowners’ Association Act (Ch. 720 Fla. Stat.) provides in §720.303, “The officers and directors of an association are subject to §617.0830 and have a fiduciary relationship to the members who are served by the association.” The Condominium Act (Ch. 718 Fla. Stat.) in §718.111 similarly provides, “The officers and directors of the association have a fiduciary relationship to the owners.” Still, though, there is no express definition of the term “fiduciary relationship” set out in either piece of legislation.
With that in mind, let’s take a look at some of the more common definitions of the term “fiduciary,” including the following:
Photo courtesy of Kaye Bender Rembaum
A fiduciary relationship is a relation between two parties wherein one party (fiduciary) has the duty to act in the best interest of the other party (beneficiary or principal).
A fiduciary is a person who holds a legal or ethical relationship of trust with one or more other parties. Typically, a fiduciary prudently takes care of money or other assets for another person.
A fiduciary duty is a relationship in which one party places special trust, confidence, and reliance in and is influenced by another who has a fiduciary duty to act for the benefit of the party.
Most importantly, and germane to this discussion, a fiduciary is a person or organization that acts on behalf of another person or persons, putting their clients’ interests ahead of their own, with a duty to preserve good faith and trust.
From all of this we can glean that a good community association board member puts the interest of their association well above their own personal interests. Not only are homeowners’ associations subject to Chapter 720, Florida Statutes, and
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
condominium associations subject to Chapter 718, Florida Statutes, but both are subject to Florida’s Not-For-Profit Corporation Act, Chapter 617, Florida Statutes. Section 617.0830, Fla. Stat., provides a mechanism that will shield a director from breach of fiduciary duty claims so long as they follow the requirements set forth in this ever-important piece of legislation.
Section 617.0830, Fla. Stat., provides,
A director shall discharge his or her duties as a director, including his or her duties as a member of a committee
In good faith;
With the care an ordinarily prudent person in a like position would exercise under similar circumstances; and
In a manner he or she reasonably believes to be in the best interests of the corporation.
In discharging his or her duties, a director may rely on information, opinions, or reports, including financial statements and other financial data, if prepared or presented by the following:
One or more officers or employees of the corporation whom the director reasonably believes to be reliable and competent in the matters presented;
Legal counsel, public accountants, or other persons as to matters the director reasonably believes are within the persons’ professional or expert competence; or
A committee of the board of directors of which he or she is not a member if the director reasonably believes the committee merits confidence.
A director is not acting in good faith if he or she has knowledge concerning the matter in question that makes reliance otherwise permitted by i, ii, and iii immediately above unwarranted. (In plain English and for example, this means if you have reason to know that you should not rely on such professional advice because say the expert was impaired, then relying on his or her advice will not provide the statutory protection.)
A director is not liable for any action taken as a director, or any failure to take any action, if he or she performed the duties of his or her office in compliance
with all of the aforementioned.
Therefore, for example, should the association’s legal counsel or other selected expert in a particular field provide advice to the association’s board and then the board member decides to act in a contrary manner, then such board member would not have the aforesaid statutory protection and, in fact, could be accused of acting in bad faith should they act in a manner contrary to the advice or instruction of the expert.
Condominium association directors should be aware that pursuant to §781.112, Fla. Stat., a willful and knowing failure to complete the structural integrity reserve study and/ or the milestone inspection when required to do so is considered to be an automatic breach of such officer’s and director’s fiduciary relationship to the unit owners. Yikes!
Additionally, the “business judgment rule” protects board members from their decision making so long as the board member acted in such a manner as would any other reasonably prudent person under similar circumstances. Generally, the decisions of directors are not subject to successful attack unless there is a showing of fraud, criminal activity, self-dealing, dishonesty, or incompetency. In fact, in the often-cited seminal case Sonny Boy, L.L.C. v. Asnani, 879 So. 2d 25, 28 (Fla. 5th DCA 2004), the court held that the directors of a condominium association were not personally liable for failing to maintain and repair common elements where the accusation was that rental revenue was lost as a result thereof because there was no showing of fraud, self-dealing, or unjust enrichment.
The Sonny Boy court went even further when it wrote in its opinion that “it is well established in Florida that absent fraud, self-dealing and betrayal of trust, directors of condominium associations are not personally liable for the decisions they make in their capacity as directors of condominium associations.” See, e.g., Perlow v. Goldberg, 700 So.2d 148 (Fla. 3d DCA 1997) (finding directors of condominium associations not individually liable for actions and governance of condominium association); Taylor v. Wellington Station Condominium Association, Inc., 633 So.2d 43 (Fla. 5th DCA 1994) (finding that in general, corporate directors and officers cannot be personally liable for corporate acts absent actual wrongdoing in the form of fraud, self-dealing, or unjust enrichment to
trigger individual liability); Munder v. Circle One Condominium, Inc., 596 So.2d 144 (Fla. 4th DCA 1992) (reversing lower court’s finding of individual liability by condominium developer). Similarly, §617.0834(1), Florida Statutes (2002), and §607.0831(1), Florida Statutes (2002),[2] provide insulation for condominium association directors from liability in their individual capacities absent fraud, criminal activity, self-dealing, or unjust enrichment. Perlow, 700 So.2d at 149.”
In Grand Harbour Community Association, Inc. v. G.H. Vero Beach Development, LLC., Case No. 4D2023-1191, (Fla. 4th DCA Oct. 2, 2024), the trial court had found that the developer and the developer-appointed directors were entitled to summary judgment on the breach of fiduciary duty claim because no evidence existed that the developerappointed directors had acted in bad faith in failing to fund the reserves or in undercharging the developer for its deficit funding obligation, and therefore there was no basis to hold the developer vicariously liable for the
acts of its appointed directors. Then, on appeal, the 4th District Court of Appeal affirmed the trial court ruling because "the community association declaration provided that the board members shall not be liable for any mistake of judgment, negligent or otherwise, except for their own individual willful misfeasance, malfeasance, misconduct, or bad faith."”
The appealate court continued, “Under Florida law, the ‘business judgment rule’ protects directors of non-profit corporations, from personal liability for any actions undertaken as directors ‘absent a showing of bad faith, selfdealing, or a violation of criminal law,’” citing New Horizons Condo. Master Ass’n. v. Harding, 336 So. 3d 796, 799 (Fla. 3d DCA 2022).
In yet another case, Miller v. Homeland Prop. Owners Association, Inc., 284 So. 3d 534, 537 (Fla. 4th DCA 2019), the court held that deference to community associations’ decisions must be given when i) the association had the contractual or statutory authority to perform the relevant acts; and ii) the board acted reasonably and not in an arbitrary, capricious manner or in bad faith.
So, while Florida Statutes and relevant case law provide a strong level of protection in favor of officer and board member decision making, such decisions should be rendered reasonably, in reliance on expert opinions (when relevant), and not decided in bad faith or in an arbitrary and capricious manner or in a manner that suggests self-dealing or unjust enrichment, etc. in favor of the officer and director(s). n
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Best Practices for Integrating AI in Florida Community Association Management
BY FLORENCE KING, ESQ.
Today, our world is hugely inundated with the use of artificial intelligence (AI). On a personal level we see this in our use of our smartphones and other technologies to access information either through social media or asking “Siri,” “Alexa,” or “Google” for answers, or in the use of services such as ChatGPT to generate sophisticated, human-like responses to questions posed. The benefits of AI are not just limited to personal use. Although it may not be as visible, AI is used in many industries such as fast food, transportation, health, and entertainment. Therefore, it is not a surprise to see the use of AI in the community association industry as well.
Photo by iStockphoto.com/hapabapa
There are many benefits that can be gained from the use of AI by community association management companies. They are using AI for things like bolstering operational efficiencies, enhancing resident experience, and improving compliance with state laws. However, to realize these benefits, management companies must be thoughtful and strategic in their incorporation of AI within the various facets of community management.
Here are some good uses and warnings regarding the incorporation of AI within the community management process.
• Legal Compliance—There are several AI tools that can be used to alert managers when there are changes in laws that are affecting community associations within the state of Florida. Although this is a
FLORENCE KING, ATTORNEY AT LAW, BECKER
Florence King concentrates her practice on the representation of condominium, homeowner, and cooperative associations in the state of Florida. Her experience includes handling collections and foreclosures, vendor contracts, drafting and amending governing documents and enforcing association covenants, assisting associations with management issues and other association-related matters. Ms. King is also a licensed mediator and a community association manager. A member of the Florida Bar since 2006, she is also licensed to practice in all three U.S. Districts in the state of Florida. For more information, please visit beckerlawyers.com
great tool to alert a manager of potential law changes, it is critically important that managers don’t rely on these AI tools as their exclusive source of this information. This is because it is very common for these AI tools to group their answers for both condominium and homeowners’ associations, but legal requirements are often vastly different depending on the type of association. Further, associations are not solely governed by statutes. The association must also comply with the requirements of their governing documents, and these documents vary from association to association. Therefore, although these AI tools can be a good source of information, it is important that managers take the time to verify AI-generated information with the association’s legal counsel prior to taking any action.
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• Resident Communication—AI can also prove beneficial to community association management companies in its communication with residents. There are several AI-powered chatbots that can be incorporated into association websites or apps to provide residents with 24/7 access to questions. However, this could get dangerous if the answers provided go beyond basic questions such as hours of operation, manager contact information, location of various forms, etc. A management company should take precautions to ensure that residents understand that substantive questions must still be submitted to the manager for response. Questions relating to architectural review and restrictive covenants are examples where AI is insufficient to assist.
• Financial Management—Another area where AI can prove beneficial is in the financial management of an association. There are many AI programs that can review a significant amount of data and produce proposed budgets and financial statements within minutes. Again, while this can be beneficial to provide a starting point, it is not a substitution for review by a manager who is aware of both current and upcoming events that can significantly impact an association budget.
While these are just a few potential uses of AI, it proves that integration of AI into community association management companies can transform how associations operate and improve the overall resident experience. However, both associations and
managers should keep in mind that while AI can be helpful, it is only a tool and cannot replace the experience and knowledge of the human counterparts of these various AI bots. n
WHILE THESE ARE JUST A FEW POTENTIAL USES OF AI, IT PROVES THAT INTEGRATION OF AI INTO COMMUNITY ASSOCIATION MANAGEMENT COMPANIES CAN TRANSFORM HOW ASSOCIATIONS OPERATE AND IMPROVE THE OVERALL RESIDENT EXPERIENCE. HOWEVER, BOTH ASSOCIATIONS AND MANAGERS SHOULD KEEP IN MIND THAT WHILE AI CAN BE HELPFUL, IT IS ONLY A TOOL AND CANNOT REPLACE THE EXPERIENCE AND KNOWLEDGE OF THE HUMAN COUNTERPARTS OF THESE VARIOUS AI BOTS.
Documents and Disclosures for Buyers of Newly Built Condominiums
BY ROBERTO C. BLANCH
For those in the market for new condominiums at one of the many Florida enclaves that are currently under construction or have recently been completed, the various documents and disclosures provided by developers can be a bit confusing and overwhelming. Buyers of such properties need to understand they are agreeing to the stipulations under the community’s governing declaration and bylaws, which are akin to a contract between the parties. Prior to deciding to buy, they should carefully review and consider all the information they are provided with and consult with qualified and experienced community association attorneys regarding any questions or uncertainties.
Photo by iStockphoto.com/ArLawKa AungTun
In addition to the recorded declaration of condominium and the association’s bylaws, articles of incorporation, rules and regulations, and amendments of such documents, purchasers should pay close attention to the purchase and sale agreement, which serves as the actual contract between the buyer and the developer for the acquisition of title to the unit. These documents often include language indicating the amenities and features specifically included in the transaction that the developer will be obligated to provide at closing, so it is critical to compare what is being included in the transaction by virtue of such documents with the sales materials and ask questions regarding any discrepancies that may exist.
The additional material provided by the developer and its sales staff will include a prospectus,
ROBERTO C. BLANCH, SHAREHOLDER, SIEGFRIED RIVERA
Roberto C. Blanch is a shareholder with the South Florida law firm of Siegfried Rivera and one of the most prolific contributors to its Newsroom blog at www.SiegfriedRivera. com/blog. He is board certified as an expert in community association law by the Florida Bar. The firm maintains offices in Miami-Dade, Broward, and Palm Beach Counties; and its 51 attorneys focus on community association, real estate, construction and insurance law. Roberto can be reached at 305-442-3334 or via email at RBlanch@SiegfriedRivera.com or www.SiegfriedRivera.com
which provides a general overview of the project, as well as a detailed drawing of the completed project, including a plat. Notwithstanding the importance of the purchase and sale agreement as well as the other documents referenced above, the documents which may arguably be considered most important are the governing documents of the condominium, including the declaration of condominium and the association’s articles of incorporation, bylaws, rules and regulations, together with all amendments of such documents. Those documents will provide a comprehensive overview of the operational details and obligations between the association and its unit-owner members.
Just as the name implies, the rules and regulations will include all the guidelines for living in the community. If any of these present any
issues and questions for prospective buyers regarding exactly what is required for adherence, such questions should be addressed with the sales and developer representatives prior to agreeing to a purchase.
In anticipation of such questions and concerns, condominium developers are obligated to provide an FAQ document with answers to the most commonly asked questions. Such a document will complement a brochure as well as any other marketing materials and artist renderings used to provide a complete picture of what the project will have in store.
The developer will also provide buyers with an annual budget for the association providing a breakdown of all the expenses, including the developer’s contributions, to cover the costs of maintenance, amenities, and reserves. These expenses will comprise the dues for each unit, typically due in monthly increments, so every buyer should rely on them for their own financial planning of their future ownership costs.
In their review of all these documents, prospective buyers should pay particular attention to their voting rights, which will cover how decisions over the administration of the community will be made as well as their future input and role as a unit owner. Also important for many buyers will be the stipulations covering rentals in the community, including those providing for association approval of prospective tenants and any restrictions pertaining to short-term rentals.
In addition to those restrictions, many owners will also be very interested to learn about the community’s policies on pets, parking, guests, and other lifestyle considerations. Again, any questions or concerns should be addressed prior to purchase.
The purchase/sale agreement will outline the deposit and payment timeline for the acquisition and the ensuing closing. After it is executed, the purchaser will have a 15-day rescission period during which they can further review all the documents and cancel the agreement if they so choose. During this period buyers should carefully consider everything they have been provided to ensure all their expectations are being met.
At the conclusion of the rescission period, buyers will typically be required to pay their initial deposit, and any subsequent payments to address remaining balances will then be issued in accordance with the terms under the purchase/ sale agreement.
New-construction condominiums typically represent significant purchases for their buyers, who are agreeing to become charter members of the newly enshrined associations governing the community. By carefully reviewing all the provided documents and disclosures, and inquiring about any potential discrepancies between what is being described in the sales/marketing material versus what is listed in the purchase and sale agreement, buyers will be able to gain a clear understanding of what is being offered as well as their own future rights and obligations. n
IN ADDITION TO THOSE RESTRICTIONS, MANY OWNERS WILL ALSO BE VERY INTERESTED TO LEARN ABOUT THE COMMUNITY’S POLICIES ON PETS, PARKING, GUESTS, AND OTHER LIFESTYLE CONSIDERATIONS. AGAIN, ANY QUESTIONS OR CONCERNS SHOULD BE ADDRESSED PRIOR TO PURCHASE.
Understand Your Insurance Policy
BY MICHAEL J. GELFAND, ESQ.
I
NSURANCE COVERAGE: PAYMENT IS NOT ENOUGH, A TIMELY CLAIM IS NOT ENOUGH—INSURERS REQUIRE MORE, EVEN BEFORE A CLAIM ARISES!
Perhaps the only thing worse than not having insurance coverage for water damage is to find out after the damage that there is no coverage!
Water moving inside a building is feared in Florida for good reason. That is why Florida community associations seek to have insurance coverage for internal water damage, or perhaps they believe they have coverage!
What happens when a Florida community association building is damaged by the seeming torture of the drip, drip, drip of a water leak?
Photo by iStockphoto.com/Inside Creative House
FLORIDA LAW
First, there is the claim notice to the property and casualty insurer. Will the claim be covered? It may depend on whether you know what the “fine print” requirements set forth in your association’s insurance policy are and whether your claim was in compliance with the requirements.
Recently the ball was moved far earlier, before a claim even arose. A Florida appellate court addressed an insurance company’s denial of a claim for water damage. The facts in Colony Insurance Company v. Titan Restoration Construction, Inc ., 50 Fla. L. Weekly D 152 (Fla. 4th DCA, January 8, 2025), reveal that Titan, a general contracting company, obtained an insurance policy with Colony. An endorsement to the policy provided that there would be no coverage unless Titan and its subcontractors executed an agreement which included the following language:
A requirement for the [subcontractor] to name the insured as an additional
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.
insured under their Commercial General Liability policy on a primary and non-contributory basis in favor of the insured.
The policy also included an “Other Insurance” clause which stated that the policy “is excess over” any other primary insurance available “covering liability for damages arising out of the premises or operations…for which you have been added as an additional insured.”
So, with an insurance policy in hand, what happened? Titan hired a subcontractor to replace the roof on a building. The subcontract contained a provision stating that the subcontractor would not be held liable for water damage to the premises. The careful reader will observe a seeming contradiction between this subcontract and the insurance endorsement quoted above.
As you would anticipate, there was a water problem. The roof began to leak. In turn, the leak caused water damage to the building. Titan filed an insurance claim with Colony. Colony denied the claim on the grounds that Titan failed to comply with the policy’s endorsement because the subcontractor had not added Titan to the subcontractor policy as an additional insured.
Titan sued Colony arguing Colony was obligated to pay for the loss. The trial court granted a summary judgment for Titan, finding as a matter of law without the need for a trial that Titan was added as an additional insured under the subcontractor’s policy.
The Florida appellate court disagreed, reversing the trial court’s ruling and sending the case back to the trial court to grant judgment for Colony. Why? The appellate court found that Titan’s claim was not covered under the policy. The appellate court explained that the terms of the endorsement governed the policy’s application, even though the endorsement conflicted with the policy’s “Other Insurance” excess coverage clause. Thus, Titan was required to have been added as an additional insured under the subcontractor’s policy on a “primary and noncontributory” basis.
The bottom line may be summarized by reminding us that simply paying for an insurance policy is not the last step to having a claim covered. This decision highlights the importance of reading and understanding your insurance policy’s requirements so you know what you must do to be covered before a claim arises. Confirm that your contractors and their contract language comply with your insurance policies.
Again, read and understand the policy before you pay, discuss your needs and the policy terms with your insurance broker, and include endorsements and amendments to your insurance policies.
I WILL SUE YOU! THREATS WITHOUT FOUNDATION
“I am going to sue you for punitive damages and everything you’ve got!” That seems to be a war cry heard more often these days in Florida community associations. It is unfortunate, but it does seem that more residents seek to escalate, or threaten to escalate, issues whether large or small.
So, what do you do when owners start threatening? Can the owners seek punitive damages “for real”?
A Florida appellate court in a condominium dispute recently ruled in a lawsuit alleging failure to repair damage to a marina. In Palm Bay Towers Condominium Association, Inc. v. Marrazza , 50 Fla. L. Weekly D 104 (Fla. 3rd DCA, January 2, 2025), unit owners sued two neighboring associations for failure to properly maintain and repair a shared marina. The marina was in such a poor condition that the City of Miami issued a “Repair or Demolish” notice, asserting that the marina was an unsafe structure and further ordering the marina’s immediate closure.
The unit owners sought to add to their lawsuit claims for punitive damages against the condominium association for its alleged breaches of duty, failing to maintain the marina. The trial court granted the motion to add punitive damages.
The Florida appellate court reversed the trial court’s decision. Why? The court explained that to assert a claim for punitive damages, the plaintiff must show that the defendant was guilty of “intentional misconduct or gross negligence.” These terms are defined in Florida Statutes as follows:
(a) “Intentional misconduct” means that the defendant had actual knowledge of the wrongfulness of the conduct and the high probability that injury or damage to the claimant would result and, despite that knowledge, intentionally pursued that course of
SIMPLE NEGLIGENCE OR JUST BREACHING DUTY IN THE DECLARATION DOES NOT TRIGGER A CLAIM FOR PUNITIVE DAMAGES.
conduct, resulting in injury or damage.
(b) “Gross negligence” means that the defendant’s conduct was so reckless or wanting in care that it constituted a conscious disregard or indifference to the life, safety, or rights of persons exposed to such conduct.
Section 768.72(2), Fla. Stat. (2024). In other words, the plaintiffs were unable to show that the association’s conduct amounted to intentional misconduct or gross negligence. In Florida the courts are increasingly applying this relatively higher, and more difficult to reach, threshold. Simple negligence or just breaching duty in the declaration does not trigger a claim for punitive damages.
As a practical matter, when an owner is “in your face” screaming about lawyers and lawsuits, it may help to calm things down by responding something in the nature of, “We can talk calmly, but when you bring up the 'L' words of lawyers and lawsuits, have your Florida attorney call the association’s attorney.” If the owner continues in hysterics, it may just be time to end the conversation. n
CEPRA
“Thank
READERS' CHOICE AWARDS SPOTLIGHT
Editor’s Note: FLCAJ would like to congratulate these two 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/
Allied Property Group is a fullservice property management firm providing service throughout Florida since 2003. Allied excels in assisting boards of directors in addressing all of their short- and long-term challenges. These challenges include routine matters as well as the unexpected. Routine challenges can include controlling expenditures, optimizing budgets, and increasing property values, all while enhancing the community experience; while unexpected challenges can range from hurricane preparedness and recovery to emergencies that can have an adverse impact on the association’s or unit owner’s property.
While most large management companies struggle with their ability to make important decisions that could negatively impact associations, at Allied our experienced and empowered staff routinely assist associations in facing and conquering these challenges. The Allied team consists of licensed managers with extensive
industry experience, a dedicated team of property accountants, a well-trained and friendly customer service staff, and technology offerings that help both our team and the associations we serve to succeed. Our team guides and assists the boards we serve closely to ensure efficient, productive meetings while providing comprehensive and easy-to-understand financial and management reports.
Working together with our customers, Allied has the tools and experience needed to assist boards in making the decisions that best serve their associations. At Allied, our continued success can easily be attributed to our integrity and constant customer obsession that we take into consideration in everything we do.
For more information on Allied Property Group, visit www.alliedpropertygroup.net
Envera Systems
Diamond Level Winner—Safety and Security (Winner 2025 and ten previous RCA wins)
Trust in technology-based security solutions to effectively protect your community. Envera partners with homeowners’ associations, property managers, and residential developers to provide advanced, cost-efficient security software and technology designed with communities in mind. With nearly two decades of experience, Envera’s state-of-the-art systems enhance security at gated entrances and at amenities to provide peace of mind for residents and property managers.
Envera’s Virtual Gate Guard simplifies gate security for residents and their visitors. With an accompanying visitor management app and website, all residents can customize their account and easily authorize their guests before they arrive. Those approved guests are quickly and simply verified via technological enhancements or by speaking with an Envera agent.
All data related to visitor activity at the gate, as well as the accompanying video footage, is accessible to community board members and management. These detailed analytics enable communities to identify patterns, optimize processes, and proactively address security— bolstering neighborhood management and fostering a greater sense of safety.
Monitoring and managing typical community security setups can be time consuming for property managers. Envera serves as your security
partner and expert with technology-advanced security to help property managers proactively address concerns, review data related to visitor and resident access, and save time reviewing video footage. With Envera, you can consolidate your association’s security needs with a single provider to optimize community operations.
Establish preventive security methods from the beginning. Residential developers partner with Envera to prevent theft at growing developments, employing advanced video surveillance solutions strategically placed at entrances and amenities as well as access management systems to only grant authorization to permitted persons. With community security in place, the association is more competitive and attractive for potential residents and demonstrates the developer is on top of the latest security technology that protects homeowners immediately when they move in.
For more information on Envera Systems, call 855-380-1274, email info@enverasystems.com, or visit www.EnveraSystems.com. n
Voluntary Compliance
BY BETSY BARBIEUX, CAM, CFCAM, CMCA
S
ociety at its core is a delicate dance of cooperation and restraint. While laws and enforcement mechanisms provide a necessary framework, the true bedrock of stability lies in voluntary compliance. This unspoken agreement, where individuals choose to adhere to societal norms and rules without constant external pressure, fosters a sense of order and predictability essential for both large-scale societies and smaller, more intimate communities like Florida community associations. Voluntary compliance stems from a shared understanding of what constitutes acceptable behavior. It’s the recognition that individual freedoms are best preserved within a framework of collective responsibility. When
Photo by iStockphoto.com/Bojan89
individuals willingly adhere to traffic laws, respect property rights, and engage in honest transactions, they contribute to a smoother, more harmonious environment. This reduces the need for constant policing and enforcement, freeing up resources and fostering a sense of trust.
This concept extends seamlessly into the realm of community associations. These smaller, localized societies, often governed by intricate rules and bylaws, rely even more heavily on voluntary compliance. Imagine a homeowners’ association where residents consistently disregard parking regulations, fail to maintain their properties, or engage in noisy disturbances. The association would quickly descend into chaos, requiring constant intervention from the board and potentially escalating into costly legal battles.
Conversely, a community where residents voluntarily comply with agreed-upon standards creates a sense of shared ownership and pride. Residents feel a sense of belonging and are more likely to invest in the wellbeing of their neighborhood.
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/cammat ters. For more information, contact Betsy@FloridaCAMSchools.com, call 352-326-8365, or visit www.FloridaCAMSchools.com.
This translates to increased property values, stronger social bonds, and a more enjoyable living experience for everyone.
Underlying this voluntary compliance is a foundation of shared moral standards. These standards, often deeply ingrained in our cultural and religious traditions, provide a moral compass that guides individual behavior. While specific interpretations may vary, the core principles remain remarkably consistent throughout the centuries and within diverse societies.
Those common moral threads are as follows:
Honor your family—This principle emphasizes the importance of familial bonds and the responsibility to care for loved ones. In other words, don’t do something that embarrasses your family or brings shame on it.
Taking the life of an innocent human being is wrong—This fundamental principle recognizes the sanctity of human life and prohibits the intentional taking of another person’s life. It forms the basis of a safe and secure society.
Taking things that don’t belong to you is wrong—This principle protects property rights and promotes economic stability. It builds trust and fairness in transactions, ensuring that individuals can reap the rewards of their labor.
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Telling lies is wrong—This principle emphasizes the importance of honesty and integrity in communication. It fosters trust and transparency, essential for building strong relationships and maintaining social order.
Wanting things that belong to another is wrong—This principle addresses the destructive nature of envy and greed. It encourages contentment and promotes a sense of fairness and equity.
Keep your promises and vows—This is a general principle that encapsulates the drive to live a righteous and ethical life. It includes being kind, generous, and considerate of others.
These moral standards provide a framework for ethical decision-making, guiding individuals towards actions that benefit the collective good. They instill a sense of conscience, prompting individuals to consider the impact of their actions on others.
In community associations these moral standards translate into respecting neighbors, maintaining property values, and participating in community
governance. When residents adhere to these principles, they create a harmonious and supportive environment.
However, voluntary compliance is not always guaranteed. There are instances where individuals may choose to disregard societal norms or community rules. This can stem from a variety of factors, including a lack of understanding, a sense of entitlement, or a disregard for the consequences of their actions.
To cultivate voluntary compliance, societies and community associations must focus on several key strategies.
Education and Awareness—Ensuring that individuals understand the reasons behind rules and regulations is crucial. Clear communication and open dialogue can help address misunderstandings and build consensus.
Fair and Consistent Enforcement—While voluntary compliance is the goal, some degree of enforcement is necessary. Ensuring that rules are applied fairly and consistently reinforces their legitimacy.
Building a Sense of Community—Fostering a sense of belonging and shared responsibility can encourage individuals to act in the best interests of the community.
Leading by Example—Board members and management play a crucial role in promoting voluntary compliance. When individuals see others adhering to ethical standards, they are more likely to do the same.
Promoting Ethical Values—Board members and management should promote and model the common moral threads.
In conclusion, voluntary compliance is the silent engine that drives societal and community stability. When purchasers sign on the dotted line and become the owners of lots, units, or shares, they pre-agreed to voluntarily comply with all the covenants, restrictions, rules, and regulations. They have pre-agreed to the enforcement processes should they not voluntarily comply. The whole basis of our American society is based on voluntary compliance and on a smaller scale is the basis for our community associations. While laws and enforcement mechanisms are necessary, the true power lies in the individual choices we make to uphold the principles of fairness, respect, and responsibility. This act of choosing good is the ultimate glue that holds any society and community associations together. n
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
