As a community association manager, you understand the importance of reliable, future-ready connectivity. Hotwire Communications offers superior benefits for your community backed by award-winning customer service.
For more than two decades, Hotwire Communications has been an industry leader in providing future-proof connectivity and advanced technology solutions to communities like yours through our true Fiber-to-the-Home technology.
Dedicated Bandwidth
No shared bandwidth or slowdownseven at peak times
Exceptional Support
Local 24/7 support, ensuring seamless support for your community
Future-Proof Infrastructure
100% fiber network boosts property value with scalable, cuttingedge technology
Symmetrical Speeds
Unmatched symmetrical speeds for work, streaming, and more.
at your service
BECKER’S COMMUNITY
classroom
At Becker, your success is our number one priority. Our Community Association Practice offers a variety of benefits to help your community thrive. From educational classes, to video series, podcasts, and more, we’re here to help make your job as a board member or community manager as easy as possible. Make sure to take advantage of these resources and please reach out should you have any questions.
VIDEO SERIES
Becker’s video series, tackles some of the unique problems that homeowners and renters face today. We answer questions, no matter how far-fetched they may seem. From service animals to nudists in your community, we get to the bottom of it and let you know – “Can They Do That?”
BECKERLAWYERS.COM/CTDT
LEGAL INSIGHTS
The Florida Condo & HOA Law Blog provides readers with up-to-date analysis of issues affecting associations in Florida. With many years of cumulative experience, our blog authors are community association attorneys who help to keep you apprised of important issues affecting your community.
FLORIDACONDOHOALAWBLOG.COM
ONLINE CLASSES
Did you know Becker provides over 200 educational classes per year throughout Florida on a variety of topics ranging from board member certification to compliance, and everything in between? Our most popular classes are available online!
BECKERLAWYERS.COM/CLASSES
PODCAST
Leading community association attorney Donna DiMaggio Berger acknowledges the balancing act without losing her sense of humor as she talks with a variety of association leaders, experts, and vendors about the challenges and benefits of the community association lifestyle.
TAKEITTOTHEBOARD.COM
LEGISLATIVE UPDATES
The Community Association Leadership Lobby (“CALL”) provides an avenue for community leaders to become engaged in the legislative process. Stay informed on key issues and help influence new legislation in Florida’s Capitol.
CALlBP.COM
Journal Notes
CAM Matters—Betsy Barbieux
The Dos and Don’ts of Navigating a Structural Integrity Reserve Study (SIRS)
Fair Shares, Real Costs: The Future of Reserves in Florida
Why Reserve Studies Matter: A Fiduciary Responsibility for Every Association
Facing Florida’s New Structural Integrity Reserve Study Mandates A Case Study in Proactive Planning
Key Insurance Considerations for Florida-Based Condominium Associations
Infighting in Florida Community Associations:
Governance,
FCAP Community
RCA Spotlight
Financial, Legal, and Management Services Directories
Products and Services Directory
Display Advertisers’ Index
Rembaum’s Association Roundup Adopting Electronic Voting in Florida: The Statutory Similarities and Differences Applicable to Condominium, Cooperative, and Homeowners’ Associations
The New Reality for Condominium and Cooperative Associations
Creating and Using Effective Community Association Welcome Letters for New Residents
Registration Required and Insurance Coverage Provided
Journal Notes
It has been a decade since FLCAJ introduced “Women of the Industry,” which five years ago was renamed “Women Making A Difference.” The women who have been featured in these pages over ten years have shown themselves to be dedicated to their communities and their flourishing as well as committed to personal growth through ongoing education. Turn to page 8 to read the “2025 Women Making a Difference.”
On page 44 James Robert Caves with Becker writes about “The New Reality for Condominium and Cooperative Associations.” This new reality he is referencing is the milestone inspection. He explains the two phases, who must receive the reports, penalties for failing to complete the milestone inspection, and issues to consider at the start of the process.
Don’t fail to read the variety of articles about the new requirements of the structural integrity reserve study (SIRS). On page 64 Anastasia Kolodzik of Expert Reserve Services has written “The Dos and Don’ts of Navigating a Structural Integrity Reserve Study.” She shares five dos and five don’ts along with some success stories.
Flip to page 70 to read “Fair Shares, Real Costs: The Future of Reserves in Florida” by Will Simons of Association Reserves. He shares the history of how the condominium and cooperative reserve laws change, why reserves exist, and several clear patterns that emerge from 1,000 SIRS reports completed between 2023 and 2025.
On page 80 Sundeep Jay of J.R. Frazer has penned “Why Reserve Studies Matter: A Fiduciary Responsibility for Every Association.” He shares the purpose of reserves, why consistency matters, lessons for younger communities, and why there is a fiduciary duty to the future.
Turn to page 86 to read Matt Kuisle of Reserve Advisors’ article “Facing Florida’s New Structural Integrity Reserve Study Mandates: A Case Study in Proactive Planning.” He writes about the case for acting now on adequately funding reserves by focusing on the Florencia Owner’s Association in St. Petersburg, FL. There are a good number of lessons to be learned.
On page 90 Pamela Malfavon with USI Insurance Services has written “Key Insurance Considerations for Florida-Based Condominium Associations.” She writes about master policies and legal requirement and insurance policies every condominium should purchase as well as other policies to consider.
FLCAJ wishes you a Happy Thanksgiving and trusts that you have much to thank God for, including the gift of family and friends with whom to spend the holidays.
Florida Community Association Journal is published monthly by True Source Publishing LLC 1000 Nix Road Little Rock, AR 72211-3235
Email: info@fcapgroup.com Website: FCAPgroup.com
Copyrighted by Florida Community Association Journal. Reproductions of any part of this publication without written permission of the publisher are prohibited.
Subscription Rates
$24 for one year, $48 for three years. Back issues are $5 each plus postage. Group rates for 3 or more people are available at $12 per person.
The publisher and editor(s) of this magazine do not accept responsibility for the content of any advertisement, including statements made by advertisers herein, or for the opinions expressed by authors of by-lined articles. The publisher and editor(s) also reserve the right to reject any ad or article for objectionable content in verbiage or images. The intent of this publication is to provide general information only and is not intended to provide specific advice or recommendations. Appropriate legal, financial, or engineering advice or other expert assistance should always be sought from professionals.
Postage paid at Little Rock, AR and additional offices (permit #1085).
Postmaster
Send address changes to:
Florida Community Association Journal 1000 Nix Road Little Rock, AR 72211-3235 or email info@fcapgroup.com
CORAL GABLES!
Ansbacher Law, with board certified partners, 12 attorneys and over 0 professionals, is available to serve your community throughout
•Full service law firm for your Condominium or Homeowners Association.
•Florida’s leading construction defect team - Full contingency available, no fees or costs unless you win.
•Collections handled on deferred and contingency fee arrangement.
Hannah Rullo
Zach Roth
Barry Ansbacher
Emily Dominguez
Alejandra Gonzales
Editor’s Note: Welcome to FLCAJ’s tenth annual “Women Making a Difference” feature. The women represented in these pages have made an impact on the community association industry in Florida, and they have each made a difference in their respective fields. They are deserving of our congratulations and recognition.
www.floridacamschools.com
Betsy Barbieux, CAM, CFCAM, CMCA Owner
Florida CAM Schools LLC 2501 West Main Street #110
Leesburg, FL 34748
352-326-8365
betsy@floridacam schools.com
Betsy Barbieux has been a leading expert in condominium, cooperative, and HOA management since 1998. She has trained and consulted countless managers, staff, and board members, contributing
significantly to the industry.
Betsy is a renowned columnist for the Journal and served on the Regulatory Council for Community Association Managers, appointed by Governor Rick Scott in 2013. Her expertise is also sought as an expert witness.
To share her knowledge with a wider audience, Betsy hosts CAM Matters, a monthly YouTube show and podcast. This platform provides valuable insights into industry trends and features interviews with other experts.
Betsy is uniquely qualified as a certified advanced behavior specialist, image consultant, speaker, and author. Her combination of skills sets her apart as a leading authority in Florida community association management.
Cindi Bass-Bell
Business Development Director
Florida Southern Roofing 6653 19th Street East Sarasota, FL 34243
941-954-8811
www.FloridaRoofing.com
Cindi started her association career with Florida Southern Roofing in 1999. She joined CAIWFL chapter in 2008 and returned to Florida Southern Roofing in 2015.
• CAIWFL chapter board of directors and president elect as well as business partner, ambassador, and registration committees
• CAI SGC, CAI Suncoast chapter and former membership committee
• CAI Educated Business Partner
• MOGCI—member and board secretary
• Your Community Partners seminars—co-host
• Community Matters, association radio show—co-host
• WSRQ.com—association podcasts—co-host
• SMRSMCA—member and former board secretary
• NWRA—member
• Johns Hopkins All Children’s Foundation Guild
• Florida Southern Roofing Roofs for Heroes projects
An educated community leads to better communities.
Alessandra Bianchini
Vice
President
Carousel Development & Restoration
561-272-3700
CDRI@info.net www.CDRI.net
Alessandra Bianchini has served as vice president of Carousel Development & Restoration Inc. since 2011, following the completion of her master’s in environmental law. In 2016 she became a Florida state-licensed general contractor and has since established herself as one
of South Florida’s leading women contractors in the industry. Bianchini joined the International Concrete Repair Institute Southeast Florida Chapter in 2014 and currently sits on the board as the treasurer.
Carousel, a family-owned company headquartered in Delray Beach since 1979, has restored some of the region’s most iconic high-rise condominium buildings across Palm Beach, Miami-Dade, and Broward Counties and beyond.
“At Carousel we believe in fostering and continuing the legacy of a family-oriented culture within the company, thus creating an environment of stability, trust, and prosperity for all employees,” says Bianchini.
Jane F. Bolin, Esq. Partner
PeytonBolin, PL
Offices in Fort Lauderdale, West Palm Beach, Orlando, and Tampa 877-739-8662
jane@peytonbolin.com
peytonbolin.com
Jane is a partner and the visionary behind the PeytonBolin law firm. Prior to her legal career Jane was a community association manager and founded a management company. This unique perspective is why PeytonBolin always
supports clients in mastering the business of their association. In today’s volatile world Jane focuses on conflict resolution and shifting the context from power plays to servant leadership so that everyone can win. As the former mayor of Oakland Park, FL, Jane knows firsthand how to lead and continues to share her knowledge in the community association world.
Kathy Melikian Bramhall, CMCA, AMS
Executive Vice President of Sales & Retention
Condominium Associates (CA)
Locations in St. Pete/Clearwater, Tampa, Lutz, Sarasota, and Ft. Myers/Naples
I am originally from Indiana and started working in the association management industry over 30 years ago. In 2002 I moved to Florida and began working for CA. My background is in management, budgeting, contract negotiations, teaching, sales, and client retention. In my current position overseeing sales and transitions, I draft and negotiate all the management agreements for our company. I love to teach and mentor internal staff and external clients, which includes hosting several webinars throughout the year covering everything from board certifications and legislative updates to insurance and reserves. In this current climate I find myself rethinking how we do business, focusing on cutting-edge technology to better serve our clients and save them money. I am customer-service driven, offering boutique services which I tailor to fit each client; this is what sets us apart from our competitors. I am an animal advocate and art enthusiast and enjoy public speaking.
Danielle M. Brennan is a firm member in the Palm Beach Gardens office of Kaye Bender Rembaum, P.L., and a Florida Bar board-certified specialist in condominium and planned development law. Since 2013 she has assisted many residential and commercial condominium associations, homeowners’ associations, cooperatives, commercial associations, and developers with all aspects of community association establishment and operations, including corporate filings and mergers, governing document drafting and amendments, contract drafting and negotiations, membership meeting and board meeting operations, fair housing matters, land use and zoning matters, and covenant enforcement.
Upgrade to fiber internet and save your residents up to 50% o retail rates while increasing home values.
Fiber Optic Internet: The Gold Standard Cable Company O erings: A Temporary Solution
FASTER SPEEDS
Download a movie in seconds
ALWAYS RELIABLE
Stay connected even during storms
DEDICATED CONNECTIONS
No slowdowns, even at peak hours
EFFORTLESS CUSTOMER SERVICE
Real help from real people in under a minute
SLOWER SPEEDS
Bu ering halfway through your video call
INCONSISTENT RELIABILITY
Outages when you need it most
CAPACITY ISSUES
Shared bandwidth = evening slowdowns
CUSTOMER SERVICE
STRUGGLES
Endless holds with outsourced employees
Michele A. Crosa Partner
Poliakoff Backer, LLP
Peninsula Plaza Suite 462 2424 North Federal Highway Boca Raton, FL 33431 561-361-8535 or 800-251-3562 mcrosa@pbattorneys.com www.pbattorneys.com
from the University of Denver. Michele has extensive experience in commercial litigation and for almost 15 years has focused her practice on representation of condominiums/HOAs. Her passion for competition and desire to win began at a young age and has served her litigation clients well. What she loves is that her litigation experience in turn allows her to provide excellent advice and counseling to her clients regarding all general legal and contractual matters. Michele spends most of her free time with family and friends on the water.
Paige Crowe
Marketing and Communications Team Lead Hinterland Group Riviera Beach, Florida pcrowe@hinterlandgroup.com www.hinterlandgroup.com
My background spans marketing communications with a passion for environmental infrastructure. I specialize in bringing trenchless technology to life—demonstrating how CIPP rehabilitation and pipeline solutions protect water systems across the Southeast. My most satisfying accomplishment is successfully translating complex technical concepts into compelling narratives for municipal engineers, contractors, and community stakeholders. I love showing how innovative technologies like spray-applied geopolymer and advanced inspection methods create sustainable, cost-effective infrastructure solutions.
Michele A. Crosa is a partner with Poliakoff Backer, is an AV Preeminent® rated attorney, and is recognized by Best Lawyers® since 2024. Michele received her B.A. in philosophy from F.I.U. and her J.D. Continued on page 16
Switching to a bulk fiber Internet plan, your community benefits from ultrafast symmetrical speeds, lower costs and a hassle-free experience for all residents.
Your residents deserve the best. Let’s bring the future of Internet to your community today! Email us today at bulk@summitbb.com to schedule your free consultation appointment.
Keep residents connected across your community
Managed WiFi delivers internet through WiFi access points throughout your property to power everything from workout playlists in the fitness center to video conferences in the common area. With no need for residents to manage in-unit equipment, they can get connected as soon as they move in and stay connected to more of what they love.
12024 NMHC/Kingsley Renter Preferences Survey Report, National Multifamily Housing Council and Kingsley Associates, 2024. Restrictions apply. Not available in all areas. Actual speeds vary and not guaranteed. For factors affecting speed visit www.xfinity.com/networkmanagement. Gigspeed WiFi requires gigabit internet and compatible gateway. Many factors affect speed, including equipment performance, interference, congestion, and speeds of visited websites. WiFi speeds affected by additional factors, including distance from Gateway, home configuration, personal device capabilities, and others.
Powerful connection. Instant access.
Have confidence your community is powered by fast, reliable internet from the provider of the largest gig-speed network. With an Xfinity Gateway built right in, your residents can get connected in minutes and start scrolling, swiping, and streaming all their favorites.
67% of residents are interested in pre-installed WiFi1
Connect with a representative on Wifi Ready and Managed WiFi services today!
Continued from page 12
Outside of work, I’m a devoted mother to four children, including caring for my son with a rare mitochondrial disease who defied medical expectations. Faith guides my priorities, and I advocate for holistic healing approaches while supporting other rare disease families.
Emily Dominguez
Attorney Ansbacher Law
1430 South Dixie Highway, Suite 322
Coral Gables, FL 33146
305-400-8009
emily.dominguez@ansbacher.net www.ansbacher.net
As an associate attorney with Ansbacher Law, Emily Dominguez is dedicated to serving condominium and homeowners’ associations across
Florida. A Miami native, Emily graduated magna cum laude from Florida International University College of Law, where she was executive business editor of the FIU Law Review. Recognized with multiple CALI Excellence Awards, she brings both academic achievement and practical insight to her work. Known for her thoughtful counsel and collaborative approach, Emily enjoys advocating for her clients and teaching board certification courses and legislative updates.
Dania S. Fernandez
Miami Real Estate Attorney
Dania S. Fernandez & Associates P.A. Offices in Miami & Coral Gables 305-254-4492 dania@dsfpa.com www.daniafernandez.com
Dania S. Fernandez leads Dania S. Fernandez & Associates, P.A., in MiamiDade County. Now in her 25th year of practice, she is a trusted advocate for condominium and HOA boards across Florida. Dania stands out for clear, bilingual guidance that turns complex
C elebr ating 2 5
Ye a rs!
W i n d o w C l e a n i n g
S Q U E E G E E S Q U A D . C O M
H O A ' s A r e O u r S p e c i a l t y !
C o m m e r c i a l H i g h r i s e
B u i l d i n g R e s t o r a t i o n / C a u l k i n g
C O M M E R C I A L
,
W i n d o w C l e a n i n g - P r e s
B u i l d i n g R e s t o r a t i
C O N T A C T
S Q U E E G E E S Q U A D T O D A Y !
P r o u d l y S e r v i n g A l l o f
G r e a t e r F l o r i d a
P r e s s u r e W a s h / S o f t W a s h
M o r e t h a n 1 1 5 , 0 0 0
c u s t o m e r s s e r v e d !
S Q U E E G E E S Q U A D
8 0 0 - 7 8 3 - 5 8 1 2
F l o r i d a @ S q u e e g e e S q u a d . c o m
statutes into practical, board-ready action. Notably, she is battle-tested and pragmatic. A strategist and entrepreneur, she blends legal rigor with real-world operations to reduce risk, protect assets, and strengthen communities. She teaches widely, empowering directors to lead with confidence, transparency, and compassion. Married with three children, Dania believes service is her purpose—and results are her promise.
Sandra French
Territory Representative—Central, North, and Panhandle of Florida
Pecora Corporation
610-554-8465
frenchs@pecora.com
www.pecora.com/coatings
To say that Sandra French knows the construction industry would be an understatement. From an early age she was immersed in the field through her father and grandfather, both skilled bricklayers. This early exposure laid the foundation for a career deeply rooted in construction.
Over the years Sandra has worn many hats, from leading departments at multimillion-dollar property management firms to supporting clients in distribution. Her diverse experience has shaped a dynamic and well-rounded career.
Since 2019 Sandra has served as a territory representative at Pecora Corporation, covering the Central, North, and Panhandle markets of Florida. Passionate about a hands-on approach, she finds fulfillment in helping clients achieve success and takes pride in making a positive impact in the industry. Colleagues describe Sandra as results-driven, enthusiastic, and creative, a professional who brings both expertise and energy to every project.
Vanessa Furlow
Vice President
Leland Management
6972 Lake Gloria Boulevard Orlando, FL 32809
888-465-0346
www.lelandmanagement.com
With 19 years in association management and over 14 years at Leland Management, I am honored to serve as vice president. Born in Chicago to a Mexican father and Puerto Rican mother, I learned early the values of perseverance and purpose. After my father’s passing, I moved to Florida, where my career flourished under the guidance of Gary van der Laan, whose wisdom—“the grass is green where you water it”—shapes my leadership. What fulfills me most is helping communities care for their homes and thrive together. My work on the board with Rosen College of Hospitality Management allows me opportunities to support young people who share my interest in creating better communities through lifestyle programs. Outside of work, my greatest joy is my family: my husband Colin and our children.
Emily E. Gannon, Esq. Firm Member
Kaye Bender Rembaum 1200 Park Central Boulevard South Pompano Beach, FL 33064
954-928-0680
EGannon@KBRLegal.com
KBRLegal.com
Emily E. Gannon is a firm member in the Pompano Beach office of Kaye Bender Rembaum, P.L. She earned her law degree in 2005 from Wake Forest University and joined the firm in 2012. Emily is a frequent lecturer on community association law, leading various seminars providing CEUs for property managers and certifications for board members. She assists community association clients with all aspects of community association law, including drafting and amending governing documents; negotiating contracts; conducting membership meetings, board meetings, and elections; and addressing fair housing matters and covenant enforcement issues.
Diana Goetz, LCAM
Executive Vice President of Property Management Condominium Associates (CA) Locations in St. Pete/Clearwater, Tampa, Lutz, Sarasota, and Ft. Myers/Naples
866-259-3983
www.condominiumassociates.com
As an executive vice president with a wealth of experience and knowledge, Diana is a true professional in the field of association management. Originally hailing from California, Diana began her professional journey as the spouse of an Army officer. After raising two amazing sons and spending 20 years in the military, she embarked on a successful career in real estate before finding her calling in association management. Her teaching skills and ability to lead by example have made her an invaluable member of the team. Beyond her professional accomplishments, Diana enjoys spending time with her family, including her five grandchildren.
Meredith Griffin Chief Financial Officer
Carousel Development & Restoration
561-272-3700
CDRI@info.net www.CDRI.net
Meredith Griffin is the chief financial officer at Carousel Development & Restoration Inc. She has dedicated over 25 years of service to the Carousel organization. With more than 35 years of
financial expertise, Meredith brings strategic insight, operational excellence, and a deep understanding of fiscal management to her leadership role within the company and concrete restoration industry. Meredith’s tenure at Carousel Development & Restoration Inc. has been marked by a commitment to financial integrity, sustainable growth, and collaborative leadership.
“Leading Carousel Development as CFO has been more than managing numbers; it’s been about nurturing growth. I’ve watched our projects and our team evolve into a family. South Florida has grown and so have we together,” says Griffin. Carousel would not be the company it is today if it wasn’t for the hard work, wisdom, and dedication.
Tracy Guzman, LCAM, CMCA
Division President of Southeast Florida
RealManage
866-403-1588
www.realmanage.com
As Division President of Southeast Florida at RealManage, Tracy Guzman, LCAM, CMCA, brings a wealth of experience to one of the company’s largest regions. Beginning her career at 16, she held roles spanning accounting,
operations, business development, and property management, building a deep understanding of the industry from the ground up. She credits having a strong mentor for shaping her journey and strives to provide that same guidance to others. Her collaborative leadership style—built on communication and respect—has been central in guiding her branch through major organizational changes. Beyond work, she values time with her two daughters, especially at the beach.
Dee Henann
Vice President of Account Management Fibernow 855-303-4237 www.fibernow.com
Dee serves as vice president of account management at Fibernow, where she is dedicated to delivering exceptional service and strengthening customer relationships. Before entering the cable and internet industry, she was a licensed community association manager; and the skills she gained in property management helped groom her for success in her current field. Her earlier experience as an entrepreneur also shaped her approach, blending creativity, resilience, and customer focus. Guided by her grandmother’s values of honesty, kindness, and love, Dee is known as a dedicated leader who finds joy in family, Pilates, and her latest project—renovating her home.
Fearless WOMEN MAKING A DIFFERENCE
Becker
Jamie B. Dokovna
Lilliana M. Farinas-Sabogal
Sara S. Jawad
Michelle H. Kaiser
Florence King
Colleen
Carolyn C.
Kathleen G. Reres
Robyn
Jessica
Bryony
Kerstin Henze, Esq.
Firm Member
Kaye Bender Rembaum
1211 N. Westshore Boulevard, Suite 409
Tampa, FL 33607
800-974-0680
KHenze@KBRLegal.com
www.KBRLegal.com
Kerstin Henze is a firm member and managing attorney of Kaye Bender Rembuam’s Tampa, Florida, office. As general counsel to community associations, Ms. Henze assists board members with their day-to-day operations, including, without limitation, budgets/reserves; corporate governance; drafting and amending governing documents; drafting, revising, and negotiating contracts (including complex, multi-milliondollar construction contracts); enforcement of association covenants; management issues; and other association-related matters.
Ms. Henze is a frequent lecturer on community association law and leads seminars on an array of topics of interest to boards and CAMS.
Aatifa Jamal
Vice President of Human Resources
KW PROPERTY MANAGEMENT & CONSULTING
8200 NW 33 St., Suite 300 Miami, FL 33122
305-476-9188
ajamal@kwpmc.com
www.kwpmc.com
Aatifa Jamal is vice president of
human resources at KW PROPERTY MANAGEMENT & CONSULTING, one of Florida’s largest residential property management companies. She leverages 20-plus years of luxury hospitality and property management industry experience to cultivate service excellence, employee engagement, and operational efficiency across dynamic environments.
Since joining KWPMC, Aatifa was integral in implementing human resources strategies that align with organizational goals while fostering collaboration, inclusivity, and innovation. She recently introduced the Leadership Excellence program, designed to equip every property manager and leader with the skills to strengthen their impact.
Her expertise in talent retention, leadership development, and employee relations has been especially valuable through a period of significant growth.
Pratiksha (Pattie) Jay Office Manager
J.R. Frazer Inc.
125 S. State Road 7, Suite 104-197 Wellington, FL 33414
561-488-3012
pattie@jrfrazer.com
www.jrfrazer.com
Pratiksha (Pattie) Jay serves as the office manager for J.R. Frazer Inc., a company specializing in reserve studies for condominiums and homeowners’ associations. In her role she consistently dedicates 50–60 hours a week to ensuring exceptional customer service, streamlining daily operations, and supporting fellow reserve analysts. Pratiksha’s diverse professional background has equipped her with adaptability and a broad skill set well suited to the evolving demands of the industry. She has previously worked with Disney, processed mortgage loan files, built a successful career in real estate, and owned two laundromat businesses. Beyond her professional achievements, Pratiksha is deeply committed to her family. She oversees household finances and manages a busy home life with children, balancing it all with grace and dedication. Her ability to excel both at work and at home makes her an inspiration to her colleagues and family alike.
Linda Johnson Owner
LJ Services Group 12000 Biscayne Blvd #406 Miami, FL 33181
Linda started the company over 20 years ago as an advocate for the community association management industry. With 20 years of management experience, she improves properties and streamlines operations for efficiency.
Linda is hardworking and resourceful, with a friendly and professional demeanor. She is a skilled community manager with a deep understanding of residents’ preferences and business operations requirements and has a successful history of meeting occupancy and payment goals while improving community satisfaction.
Linda is knowledgeable about payment collections, maintenance, and documentation. Linda is a hands-on community manager known for excellent public relations and marketing coordination; she is a highly trained professional with a passion for working with and for people. She also holds an MBA and has experience with project management, including a project that exceeded two million dollars. Linda was awarded the 2021 Property Manager of the Year by CAI-SEFL and is honored to serve as chapter president in 2023.
Toni Kanfer is vice president of community operations for CCMC’s Florida, South Carolina, and Tennessee markets. Toni has over 17 years in community management and more than a decade at CCMC.
Toni provides her teams with first-hand knowledge of the tools and accountability that deliver outstanding resident experiences. She partners closely with developers and resident-controlled boards to shape visionary communities that people are proud to call home. With a passion for service
and education, Toni is an active CAI member, served on the 2024 CAI Gold Coast board of directors, earned her PCAM designation in 2024, and walked to receive her designation at CAI National in 2025.
Locations in St. Pete/Clearwater, Tampa, Lutz, Sarasota, and Ft. Myers/Naples 866-259-3983
condominiumassociates.com
Lola is a financial management professional with 35 years of experience. She is an integral part of CA and PH, managing the finance team. She is responsible for overseeing all financial aspects company-wide. Lola’s areas of expertise include financial analysis, profit improvement, project management, auditing, training, acquisitions, and strategic planning. Lola holds a double bachelor’s degree in finance and business administration. She has a master’s degree in business administration and a master’s degree in accounting. Lola is also a certified fraud examiner (CFE). She has been elected as a training director to the board of the Tampa Bay Chapter of ACFE (Association Certified Fraud Examiners) serving a three-year term. Lola attributes her success in the industry to building relationships based on integrity, communication, and trust. Her diverse background includes industries ranging from banking to nonprofit to insurance and real estate/HOA management fields. She also speaks multiple foreign languages. Lola enjoys the beach, traveling, community service, a good book, and spending time with her family away from work.
Marcy Kravit
Senior Director of Community Association Relations
Hotwire Communications
Marcy.kravit@hotwiremail.com
Marcy Kravit is a nationally recognized leader in community association management and community relations. She currently serves as senior director of community association relations at Hotwire Communications, vice president of the CAI Gold Coast Chapter, and vice president of her HOA in Weston, FL, as well as a contributing writer for the Florida Community Association Journal. A celebrated author and educator, Marcy’s first book, Common Sense Community Management, has become a cornerstone for industry professionals. Over the past year she’s traveled nationwide, delivering powerful keynotes and hands-on workshops that inspire managers and boards to lead with empathy and innovation. Her journey has sparked a second book, deepening her commitment to education, technology, and human-centered leadership. With visionary clarity and a passion for uplifting others, Marcy continues to redefine what’s possible for women in the industry.
Lindsey Thurswell Lehr Shareholder
Siegfried Rivera
Offices in Miami-Dade, Broward, and Palm Beach Counties
800-737-1390
www.SiegfriedRivera.com
www.SiegfriedRivera.com/blog
Lindsey Thurswell Lehr is a shareholder with the South Florida law firm of Siegfried Rivera who focuses on community association and construction law from the firm’s Coral Gables and Palm Beach offices.
Lehr is one of the firm’s regular contributors for its “Real Estate Counselor” column, which appears every two weeks in the Miami Herald, as well as for its Newsroom blog. The blog serves as one of the state’s leading resources on association matters, thanks in part to her insights and contributions. She has also played an integral role in developing and shaping the firm’s community association practice into one of the largest in Florida. In addition, Ms. Lehr secured one of the largest construction defect jury verdicts ($40.6M) in Florida.
Lehr received her bachelor’s degree in economics from the University of Michigan in 2007 and her juris doctorate from the University of Miami School of Law in 2010.
Fefe Madray Vice President of Sales
Hotwire Communications
Fort Lauderdale, FL 954-699-3921
fmadray@hotwiremail.com hotwirecommunications.com
Born in Guyana and raised in Florida, Fefe earned degrees in computer information science and business administration from Nova Southeastern University. While living in Florida for more than 27 years, she has built a career she loves, leading with innovation, overcoming challenges for people, and empowering her team to succeed. One of her proudest moments was being promoted to VP of sales and exceeding our annual goals ahead of schedule. Outside of work she enjoys trav-
eling, cooking, and spending time with her family. Guided by faith, resilience, and kindness, she strives to create lasting impact both personally and professionally.
Tonya Marano, CAM
Director of Operations and Senior Accounting Representative
Cardinal Management Group of Florida, A RealManage Company
Cardinal is based in Florida, Maryland, and Virgina. RealManage is based nationwide. 239-774-0723 ext. 309 www.cardinalmanagementgroup.com
Born and raised in Florida, Tonya has built her career on dedication, leadership, and service excellence. With over 20 years of customer service experience and nine years at Cardinal Management, she currently serves as director of operations and senior accounting representative. In this role Tonya oversees day-to-day office operations, provides training and guidance to staff, and ensures seamless financial management. She also manages a small portfolio of HOAs, acting as a board liaison and supporting effective community governance. Tonya’s expertise, commitment, and handson leadership have been instrumental in supporting both her team and the communities she serves.
Maria R. Martinez
Structural Forensic Engineer NV5
200 S Park Rd #350 Hollywood, FL 33021 maria.martinez@nv5.com www.nv5.com/
Maria, a structural forensics engineer at NV5, has built her career on uncovering
the stories that buildings tell, ensuring safety and resilience in every project. With an expert eye for detail and a reputation for integrity, she has become a trusted voice in an industry where precision and leadership matter most.
Beyond her professional achievements, she is a devoted mother who balances family with a demanding career, inspiring colleagues and peers with her ability to lead with strength and compassion. As a mentor and role model, she paves the way for women in engineering, proving excellence has no boundaries.
Holly McWeeney
Executive
Administrative Assistant
Hunter Claims LLC
Tampa, FL
www.hunterclaims.com
Holly has spent nearly two years providing high-level administrative support to a dynamic team of public adjusters at Hunter Claims, including coordinating and filing of all stages of mediation between the client and adjuster. With 10+ years as a small business owner and several years
leading a financial and membership turnaround for her local chamber of commerce as assistant executive director, Holly brings a level of organizational and management skill that is proven in the execution of her work. One of her proudest accomplishments is leaving the city and purchasing her dream home in the country with her husband, where she is able to raise some of her family’s food and oversee the education of her children. Holly looks forward to continuing to balance work and life while providing great service to her team.
Diane Michael & Lindsay Lombardi
Beyond the Boardroom thecallangrp.com 386-538-1083
We founded Beyond the Boardroom to give board members and CAMs something we wished existed: accessible education, real conversations, and stronger connections with trusted vendors. Together, we blend Diane’s 25-plus years in marketing and outreach (Callan Group Communications) with Lindsay’s CAM expertise (Coastal Living Association Management) to create programs that inspire confidence and meet DBPR requirements. Our proudest accomplishment is growing Webinar Wednesday into a statewide resource that elevates leaders and builds healthier communities. Guided by impact, integrity, and collaboration, our next chapter expands in-person conferences—empowering more women, managers, and boards to lead with knowledge and heart.
Ashley Moran
Service Division Office Manager
Hypower Electrical Services
954-789-0382
Amoran@hypowerinc.com
www.hypowerinc.com
Originally from western NY, I moved to Jacksonville, FL, in 1996 and later to South Florida in 2016. To this day I love being a sports fan! Go Buffalo Bills, New York Yankees, and New York Knicks!
In my work I love the variety of daily tasks, from working closely with the team to handling the different aspects of the business. Exposure to the electrical trade has been a great learning experience, and building strong relationships with our customers is always rewarding. Overseeing the financial aspects keeps everything running smoothly.
The construction industry has long been seen as male-dominated, but at our company, we celebrate diversity. Succeeding as a woman here means embracing adaptability, resilience, and excellence to help create a more thriving workplace.
My most satisfying personal accomplishment is being a mom and setting an example of work-life balance. It is possible to thrive both at home and in your career.
Wendy Murray, CAM, CMCA
Executive Vice President
Precedent Hospitality and Property Management & Moore Property Management
Locations in Ft. Myers/Naples, St. Pete/ Clearwater, Tampa, Lutz, and Sarasota 239-989-7600
wmurray@precedentmgt.com www.precedentmgt.com
Wendy Murray has been in the HOA industry since 1997. She has served as president of her HOA board of directors for more than a decade. She has been an executive for two national management companies and has been with Precedent Hospitality and Condominium Associates for over five years. She is a FL licensed community association manager and holds the Certified Manager of Community Associations, CMCA, designation. She has overseen community management firms throughout the southeastern region of the US. She is Executive Vice President of Precedent Hospitality and Property Management and leads business development, education, sales, and retention.
Diana Ollert
Director of Business Development
Best Roofing
1600 NE 12th Terrace
Fort Lauderdale, FL 33305
954-646-0635
www.bestroofing.net
I began my career in communications but found my passion in the construction industry, where I’ve worked for the past 10 years. After more than 18 years of living in the U.S., I have had my journey shaped with resilience, adaptability, and determination. Today as Director of Business Development at Best Roofing, I lead initiatives that expand our presence across Florida while fostering meaningful connections with property managers, engineers, and consultants. My proudest personal accomplishment is being a role model for my kids, proving that women can thrive in leadership. I am known for my persistence, passion, and commitment to excellence.
Marnie Dale Ragan
Equity Partner
Haber Law
251 NW 23rd Street
Miami, FL 33127
305-379-2400
mragan@haber.law
www.haber.law
In practice for close to 25 years,
Marnie Dale Ragan is a board-certified condominium attorney and equity partner at Haber Law.
As a native Floridian, Marnie has witnessed the state’s growth and transformation firsthand and felt compelled to play a role in supporting the communities shaped by that development. Her passion for representing associations is rooted in a desire to work closely with owners to protect and enhance the value of their homes. She considers her greatest accomplishment to be the many clients who have remained with her over the years, through major projects and board transitions, which she views as a testament to her thoughtful, respectful approach and the care she extends to every client and owner within the various associations she serves.
Ana Sanchez Rivero President and Business Development Coordinator
Allied Property Group 12350 SW 132 Court, Suite 114 Miami, FL 33186
Ana Sanchez Rivero has been managing communities for more than 30 years. Her experience and knowledge in this field make her one of the most well-informed individuals in property management. She hosts the podcast Community Association Matters, dedicated to educating association board members with the latest information in property management.
She is also a licensed real estate broker and has received the Certified Property Manager (CPM) designation from IREM (International Real Estate Management); less than 9,000 people hold this designation worldwide. As president of Allied Property Group, she currently supervises more than 100 employees and more than 130 associations throughout South Florida. Ana is a mom to two wonderful children and is an avid reader. She is constantly growing as an individual and professional.
Anna Rogers
SVP, Community Association Relationship Manager Cogent Bank
Clearwater Banking Center 727-477-3182 or 727-452-5264
arogers@cogentbank.net www.cogentbank.com
Anna Rogers is SVP, community association relationship manager at Cogent Bank, with over 30 years in banking and deep expertise in the HOA industry.
A licensed CAM since 2001, Anna is passionate about advocating for volunteer boards, helping them navigate certifications, lending needs, and industry changes with confidence.
She is a trusted mentor, empowering associations with solutions that reduce stress and support long-term success. Dedicated to community,
Anna serves on the Executive Board of Seminole Country Club Estates and is an active member of the Suncoast CAI, extending her passion for mentoring and advocacy beyond banking.
Though she is new to the reserve study industry, KC has quickly found her footing in helping associations gain long-term solutions for their capital planning needs. Originally from Albania, KC finds career inspiration from her mother, who restarted her education and career as a lawyer upon immigrating to the U.S.
A lover of travel, national parks, and beautiful hikes, KC strives to do every day better than the one before and approaches her work personably, stating, “Sales is not just about selling—it’s about building relationships, trust, and getting to know someone. Anything sold after that is just a byproduct of making a friend first.”
Elizabeth Sierra is the Orlando regional manager for Campbell Property Management. Campbell has recently started servicing Orlando and the surrounding areas.
Elizabeth brings a wealth of knowledge and expertise in community association management. Originally from Venezuela, with proud Colombian roots, Elizabeth Sierra moved to the United States in 1995 and was raised in South Florida, where she spent most of her life.
Elizabeth began her career in property management 15 years ago as an administrative assistant at a high-rise condominium in South Florida.
Loving the industry so much and inspired by the impact she could have on an association and its residents, she got her CAM license and started working as a property manager. Upon moving to Orlando, she took on a leadership position and her responsibilities expanded to include working with developers such as Ashton Woods, Meritage, and Pulte.
She is actively involved in several industry organizations including CAI (Community Associations Institute), CAM U, and PROCAM. Elizabeth is also actively involved in her local community in the Loop area of Kissimmee. She volunteers for food drives, toy collections, and holiday activity planning.
Elizabeth is deeply passionate about helping others, sharing knowledge, and empowering those around her to grow into the best versions of themselves. She finds great fulfillment in delivering exceptional value to clients and creating meaningful, positive experiences.
Stacy Titleman, LCAM, CMCA®
Executive Vice President of Strategic Growth Castle Group
www.castelgroup.com/request-a-proposal
Stacy Titleman is the executive vice president of strategic growth at Castle Group, bringing over 30 years of experience in community association management, operations, governance, financial oversight, and market development. Her innovative leadership and profound love for people, whom she sees as the core of the business, are widely recognized.
Stacy’s most rewarding accomplishment has been the creation and guidance of high-performing teams built on trust, accountability, grit, and creativity, inspiring and empowering them to achieve the impossible. She finds great joy in the relationships she has with board and community members, industry business partners, and her colleagues at Castle, all of whom contribute to the outstanding company culture of teamwork and service excellence.
Beyond her professional life, Stacy cherishes the time she spends with her husband and children, whom she considers her proudest personal achievement. She also finds solace and inspiration in outdoor activities, such as hiking, boating, fishing, and connecting with nature.
To learn more about how Castle Group can serve your community, request a proposal at www.castlegroup.com/request-a-proposal.
Justine Tucker
Chapter Executive Director
Community Associations Institute—Central Florida Chapter exdire@caicf.org www.caicf.org
With a strong background in community engagement, I’m honored to serve as CED of CAI Central Florida. I love the connections I’ve built through this role— my relationships remain my most meaningful professional accomplishment. Outside of work, I find joy in time with my family and the salty air. My faith guides me, reminding me that everything will always be okay—you don’t have to accomplish every task in one day. My top priorities are Jesus, family, and career, and my next project is building an even better chapter next year. Co-workers would say I bring purpose, joy, and dedication.
Nataly Gutierrez Vazquez Partner
PeytonBolin PL nataly@peytonbolin.com
Nataly Gutierrez Vazquez, Esq., is a partner at PeytonBolin, PL, and is board certified in condominium and planned development law. She
began her career as an assistant state attorney in Miami-Dade County, gaining extensive trial and courtroom experience. Nataly now represents community associations across Florida, providing general counsel and guiding boards through the complexities of condominium and HOA governance. She also handles complex litigation, including business disputes, partitions, foreclosures, vendor matters, enforcement actions, and breach of contract cases.
30 years of Community
Outdated emergency systems leave your community vulnerable—we're here with solutions. Kings III delivers cutting-edge technology with options that meets evolving elevator codes with two-way messaging and video capabilities. Our turnkey cellular technology eliminates unreliable landlines and simplifies compliance. Beyond equipment, we provide 24/7 monitoring by trained professionals who ensure every resident feels secure. Reduce risk, minimize liability, and enhance safety with emergency communications designed for today's challenges—and tomorrow's.
Heather Ventrone brings over 20 years of experience in bulk cable and fiberoptic infrastructure, specializing in customized solutions for HOA and condominium communities. She began her career in account
management, customer retention, and sales and has grown into a leadership role where she thrives on collaboration and team success. Heather is passionate about educating associations on fiber-to-the-home technology and tailoring strategies that best serve their communities. Outside of work, she enjoys attending her children’s sporting events, traveling to new places, and spending quality time with close friends and family.
Sherry G. Ward
General Manager | Kings Point Sun City Center
Vesta Property Services 1904 Clubhouse Dr. Sun City Center, FL 33573
Sherry’s journey with Vesta began in 2020 as general manager for a 55+ community, and her dedication quickly led to new opportunities, including managing a large developer community in Palm Beach County and later serving as regional general manager in Southwest Florida. Today she proudly leads Kings Point Sun City Center Federation as general manager. With over 30 years in hospitality, including Marriott Vacation Club, Wyndham Destinations, and Bluegreen Vacations, Sherry brings a heart for people and a passion for creating connected communities. Outside of work she enjoys yoga, cooking, beach days, and time with her husband, two fur babies, and family in Fort Myers. n
Adopting Electronic Voting in Florida:
The Statutory Similarities and Differences Applicable to Condominium, Cooperative, and Homeowners’ Associations
BY JEFFREY A. REMBAUM, ESQ.
Electronic voting continues to become an increasingly attractive option for community associations. The benefits of electronic voting are many and include the following: (i) allowing members to cast their votes from an electronic device anywhere with an internet connection; (ii) helping associations achieve quorum requirements because an electronic vote counts as the member being in attendance at the meeting; (iii) automating the counting and collection of votes thereby reducing the potential for errors associated with manual counting ballots; and (iv) saving associations money by reducing costs associated with the cost of printing and mailing of paper ballots and associated paperwork.
Despite the many benefits of electronic voting, many associations still insist on voting the old-fashioned way and are reluctant to adopt electronic voting. However, as further discussed below, adopting electronic voting is not a complicated endeavor.
So, how can an association adopt electronic voting? In short, at a properly noticed board meeting, the board of directors (the board) of the association
Photo courtesy of Kaye Bender Rembaum
REMBAUM'S ASSOCIATION ROUNDUP
must adopt a resolution approving electronic voting.
§§718.128, 719.129, and 720.317, Florida Statutes, applicable to condominium, cooperative, and homeowners’ associations respectively (collectively, the “electronic voting statutes”), require that, for such associations that desire to adopt electronic voting, a resolution of the board is required. Additionally, the electronic voting statutes provide, in pertinent part, that the resolution adopted by the board must provide members the option to receive notice of the opportunity to vote through an online voting system, establish reasonable procedures and deadlines for members to consent electronically or in writing to online voting, and must establish reasonable procedures and deadlines for members to opt out of online voting after giving consent.
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
Therefore, the board will want to utilize the association’s attorney to assist with drafting of the electronic voting resolution to be sure that all statutory requirements are followed.
There are many significant similarities and differences within the electronic voting statutes, too. As to similarities, the electronic voting statutes allow associations to conduct electronic voting through an internet-based online voting system only if electronic voting is properly approved by the board. To vote electronically, a unit owner and/or member must opt in to do so. A member who votes electronically is considered in attendance for quorum purposes. As both a similarity and a safeguard, the online voting system must be able to permanently separate authentication/identifying information from the ballot for elections
Welcome Home, Without the Wait
With Envera’s access management system, residents enjoy effortless entry into the neighborhood. Authorized vehicle credentials instantly open the gate with no need to stop at the entrance.
Connect with Envera today to begin working on a customized plan for your community.
where secret ballots are provided for in the governing documents.
Additionally, when considering adopting electronic voting, associations should select an electronic voting service provider and platform that meets the statutory specifications as set out in the electronic voting statues. For example, the electronic voting statutes require the following:
i. a voting system that is able to authenticate the owner’s identity
ii. the ability to authenticate the validity of each electronic vote to ensure that the vote is not altered in transit
iii. the ability to transmit a receipt from the online voting system to each owner who casts an electronic vote
iv. the ability to permanently separate any authentication or identifying information from the electronic voting ballot rendering it impossible to tie an election ballot to a specific unit or member (note for homeowners’ associations--the foregoing only applies if the association’s bylaws provide for secret ballots for the election of directors)
v. the ability to store and keep electronic votes accessible to election officials for recount, inspection, and review purposes.
Regarding pertinent statutory differences, as to condominium associations, if at least 25 percent of the voting interests of the condominium petition the board to adopt electronic voting for the next scheduled elec-
tion, the board must hold a meeting within 21 days after receiving the petition to adopt the resolution. The board must receive the petition within 180 days after the date of the last scheduled annual meeting. As such, the foregoing method serves as a statutory mechanism for unit owners to force a board to adopt electronic voting. Additionally, if electronic voting has not been adopted by a condominium association, effective July 1, 2025, §718.128, Florida Statutes, for the first time requires condominium associations to designate an email address to receive electronically transmitted ballots. It also provides for the inclusion of specific language for those electronically transmitted ballots such as the inclusion of a unit
Simply the Best
When it comes to managing large-scale, master-planned communities, no one’s done it longer, and no one does it better.
For more than 50 years, CCMC has been delivering world class property management service tailored to each community’s unique needs, providing expert guidance, engaging lifestyle programs, and a dedicated team that builds strong relationships with homeowners and boards alike.
98% community retention rate, many communities with us for 20+ years
94% HOA Board satisfaction rating
Average tenure of community managers is 2x industry standard
5x+ Community Management Company of the Year Awards – and growing! See
We’ll be in your neighborhood! Stop by and see us at the Condo & HOA Lifestyle and Expo happening in Naples, Orlando, and Tampa.
Sign up for our ongoing HOA Board educational series, and to be notified of special, private events happening in your area.
number, a printed name acting as a signature, and a prominent capitalized statement explaining that by emailing the ballot the voting unit owner waives anonymity.
Regarding pertinent statutory differences for both homeowners’ and cooperative associations, the relevant electronic voting legislation does not include a provision for a member-triggered petition that would obligate the board to adopt electronic voting as there is with condominium associations. Additionally, if electronic voting has not been adopted by a homeowners’ or cooperative association, there is no requirement that either association designate an email address to receive electronically transmitted ballots. Further, both the Homeowners’ and Cooperative Association Acts provide for specific notice mechanisms for the board meeting at which the electronic voting resolution will be considered, including that written notice of such meeting being mailed, delivered, electronically transmitted (for those homeowners who have opted into receiving electronic notice), and posted conspicuously on the property at least 14 days prior to the meeting whereas, effective July 1, 2025, a condominium association only requires a 48-hour posted notice to adopt the board resolution approving electronic voting. Also, as to homeowners’ and cooperative associations, evidence of compliance with the 14–day notice requirement must be made by an affidavit executed by the person providing the notice and kept as part of the official records.
Overall, for those associations who adopt electronic voting, it pres-
ents an opportunity to modernize the voting process, increase member participation at meetings, reduce human error, and save money. By understanding the process associated with adopting electronic voting, coupled with an understating of the pertinent statutory similarities and differences, community associations are well on their way to successfully adopting electronic voting. Of course, best business practice dictates that if your association has questions regarding adopting electronic voting, to assist with drafting an appropriate board resolution, and to ensure compliance with other specific statutory requirements, your association should seek the assistance and guidance of its legal counsel. n
The future is a seamlessly connected community.
At Fibernow, we deliver 100% fiber connectivity right to your community. And with our full range of fiber services, we have what it takes to bring you customized bulk packages tailored to the unique needs of your residents.
Part of the largest fiber company in the world.
We’re backed by DigitalBridge, a world-class digital infrastructure network that allows us to ensure the highest levels of network performance.
Doubling up on fiber to double down on reliability. By running two fiber lines to your property for added redundancy, we’re able to provide guaranteed network uptime for your residents.
Personalized support is less than a minute away. Our 100% U.S.-based customer service team answers calls in less than 60 seconds on average.
Talk
us
The New Reality for Condominium and Cooperative Associations
BY JAMES ROBERT CAVES, III, ESQ.
Increased scrutiny of the structural conditions of buildings in Florida is the new reality for condominium and cooperative associations. This new reality includes both structural reserve obligations and the requirement from many associations to perform milestone inspections.
Every condominium and cooperative association in the state of Florida that operates a building of three or more habitable stories, as determined by the Florida Building Code, must complete a milestone inspection. The milestone inspection must be completed no later than December 31 of the year in which the building reaches 30 years of age and every 10 years thereafter. The obligation to obtain a milestone inspection was
Photo by iStockphoto.com/korawat thatinchan
created by the legislature in 2022, and the initial deadline for existing buildings over 30 years of age was December 31, 2024. Therefore, many associations have already obtained their milestone inspections.
For any association that is beginning the process of obtaining this inspection, it is first necessary to understand what the milestone inspection entails and what the association must do with it.
The “milestone inspection” is defined by section 553.899(2) (a), Florida Statutes, which states the milestone inspection is an “inspection of the load-bearing elements and the primary structural members and primary structural systems as those terms are defined in” Florida Statutes and must be performed by either an architect or engineer authorized to practice in the state of
JAMES ROBERT CAVES, III, SHAREHOLDER, BECKER
The milestone inspection consists of two phases. The first phase is where the architect or engineer conducts a visual examination of the building to determine the structural condition and provide an assessment of the structural condition of the building. If the engineer or architect finds no signs of “substantial structural deterioration” of any building components during this visual examination, a Phase II inspection is not required. The term “substantial deterioration” is defined by Rob Caves dedicates his practice to representing community associations primarily as general counsel to condominium, cooperative, and homeowners’ associations. In addition to representing associations in day-to-day legal matters, Rob has developed a focus on addressing telecommunication issues facing associations. Following his graduation from law school, Mr. Caves served as a staff attorney for the First District Court of Appeal in Tallahassee. Mr. Caves is also one of only 190 attorneys statewide who is a board-certified specialist in condominium and planned development law. For more information, call 239-4337707, email rcaves@beckerlawyers.com, or visit www.beckerlawyers.com.
Florida. The inspection is intended to determine, to the extent reasonably possible, the general structural condition of the building as it affects the safety of such building including a determination of any necessary maintenance, repair, or replacement of any structural component.
the Statute as “substantial structural distress or substantial structural weakness that negatively affects a building’s general structural condition and integrity. The term does not include surface imperfections such as cracks, distortion, sagging, deflections, misalignment, signs of leakage, or peeling of finishes unless the licensed engineer or architect performing the phase one or phase two inspection determines that such surface imperfections are a sign of substantial structural deterioration.”
If no substantial structural deterioration is found, no further inspection is required. If substantial structural deterioration is identified in the Phase I report, a Phase II inspection must be performed, and it may involve destructive and non-destructive testing at the inspector’s discretion. If a Phase II inspection is required, within 180 days of submitting the Phase I inspection report the architect or engineer performing the Phase II inspection must submit a Phase II progress report to the local enforcement agency with a timeline for completion of the Phase II inspection.
Upon completion of both the Phase I and Phase II milestone inspections, the architect or engineer must submit a sealed copy of the inspection report with a summary of the material findings and recommendations in the report to the association and to the “building official of the local government which has jurisdiction.”
Upon receipt of the summary and report, the association must distribute a copy of the summary to every owner, regardless of its findings, by mail or email to those owners who have consented to receive email notice as provided by the condominium and cooperative acts; must post a copy of the report on the property; and must publish
a copy of the full report and the summary on the association’s website, if the association is required to have a website pursuant to Florida law. The reports must be maintained for 15 years after receipt.
Further, the willful and knowing failure of an association to complete the milestone inspection as required by Florida law is a breach of the officers’ and directors’ fiduciary duties to the unit owners and can result in significant consequences to an association.
Accordingly, the obligation to obtain the milestone inspection report is a significant undertaking for any association.
For associations that are beginning the process of obtaining their milestone inspection, there are a number of issues to consider, including the following three items:
Invisible Problems lead to Visible Disasters
Protect your community's investment with our non-disruptive trenchless solutions that cost less than traditional repairs, extend inf rastructure lifespan, and prevent the catastrophic failures that lead to emergency assessments and resident complaints.
• Begin budgeting for the milestone inspection early. The association will be engaging an engineer or architect to perform the inspection, and these expenses can run in the tens of thousands of dollars.
• Complete any known maintenance projects prior to obtaining the milestone inspection. The milestone inspection Phase I is a visual inspection of the condominium or cooperative building, and undertaking any known maintenance projects prior to obtaining the inspection will best position the association to avoid the finding of substantial structural deterioration which can result in the requirement of a Phase II inspection.
• Communicate with the owners early and often regarding the status of obtaining the milestone inspection, including when the engineer or architect is engaged, the scope of their work, and when the inspection will occur. Being transparent with owners will avoid awkward inquiries and best position the association to communicate the results of the inspection. Milestone inspections are now the reality of many condominium and cooperative associations, and associations that take a deliberate approach to budgeting, planning for, and addressing these obligations will be in the best position to ensure compliance with the statute and the ongoing structural maintenance of their buildings. n COMMUNICATE WITH
Deadline: January 1, 2026
BY ROBERTO C. BLANCH
S Creating and Using Effective Community Association Welcome Letters for New Residents
etting the tone for positive and constructive relationships from the outset is a great way to make an impactful first impression. For new members of condominium and homeowners’ association communities, one of the best ways to achieve this is with the use of helpful welcome letters for new owners and residents. Such letters should go well beyond a basic formal introduction to the community. In addition to such warm sentiments,
Photo by iStockphoto.com/Bychykhin_Olexandr
they should provide essential information and serve to alleviate any anxieties and concerns that new association members may harbor.
After expressing sincere words of welcome, the letters should include contact information for accessible association staff and representatives. They should encourage new residents to contact those individuals via email or telephone with any questions or concerns they may have, and the office hours for the association’s administrative office should also be included.
Participation in association meetings is an essential component for building strong and constructive relationships with new members. The welcome letter should include the meeting schedule with dates, times, and locations, and it should encourage new members to attend the meetings and use them to introduce themselves to the directors and their fellow association members.
Adherence to association rules begins with awareness and understanding of all the regulations and standards. The letter should include a brief review of
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, and he represents associations throughout South Florida. The firm maintains offices in Miami-Dade, Broward, and Palm Beach Counties, and its 49 attorneys focus on community association, real estate, construction, and insurance law. Roberto can be reached at 800-737-1390, via email at RBlanch@SiegfriedRivera.com, or online at www.SiegfriedRivera.com.
all of the most basic and essential rules and guidelines, including those covering parking, garbage disposal, deliveries, and the use of shared community amenities.
Those amenities and any resources that are available for the benefit of residents and their guests should also be delineated and discussed. The benefits of living in communities with associations are derived from the recreational lifestyle options they provide with such on-site features as pools, fitness centers, sports courts, clubhouses, meeting rooms, and other amenities, and these should also be spotlighted in the letter. Special events and gatherings that are hosted by the community should also be highlighted.
Many communities now feature websites to facilitate communications with residents and provide association members with access to official records. Welcome letters should include the website URL address and information on all of its contents as well as information on how to register and gain access to any sections that are exclusively reserved for association members.
If a community utilizes a newsletter or informational flyers, these items should be mentioned and described in the welcome letter and included with it as attachments. Such items often include owner/resident profiles, so the letter
Maximize Your Community’s Value
HOA board members, discover how RealManage can simplify your role. Our best-in-class technology delivers the transparency and tools you need for effective decision-making. Backed by innovation and exceptional service, we’re here to help you navigate challenges, exceed expectations, and create lasting value for your community.
CURRENT COMMUNITY ASSOCIATION CLIENTS
OF SERVICE
RECOVERED IN CONSTRUCTION DISPUTES SINCE 2018
COMMUNITY ASSOCIATION LAW SERVICES:
Covenant enforcement
Covenant amendments
Contract review/negotiation
Collection of assessments
Meeting package preparation
Attendance at meetings
Legal counsel on all day-to-day operational decisions
Review and negotiation of loan/line of credit documents
General litigation
And more!
TURNOVER & CONSTRUCTION DEFECT SERVICES:
Turnover meetings
Review of turnover documents
Assisting in the selection and hiring of turnover auditors, engineers and other consultants
Chapter 558 inspections and procedures
Negotiating repair protocols
All aspects of state/federal litigation for construction warranty claims, from settlement negotiations through trial
7 board certified attorneys in condominium & planned development law
5 board certified attorneys in construction law Recognized by Chambers & Partners, Super Lawyers, Best Lawyers
*Information for results/recognitions referenced can be provided upon request
FIRST IMPRESSIONS MAKE A LASTING IMPACT, AND WELCOME LETTERS
can be used to encourage recipients to submit their information for consideration for such a spotlight in the future.
First impressions make a lasting impact, and welcome letters can help to enable communities to get off to a strong start towards building warm and congenial relationships with all their new owners and residents.
Our firm’s South Florida community association attorneys write about important matters for associations in our Newsroom blog at www.SiegfriedRivera.com/ blog and our Miami Herald column, which appears every two weeks on Sundays, and we encourage association directors, members, and property managers to visit www.siegfriedrivera.com/ contact/#newsletter and subscribe to our newsletter to receive our future articles. n
BY MICHAEL J. GELFAND, ESQ.
T Registration Required and Insurance Coverage Provided
his year’s legislative changes became effective July 1, 2025, and include a requirement that all Florida condominium and cooperative associations register online with Florida’s Department of Business & Professional Regulation. This requires each of the associations to create an online account and provide requested information to the Department. This information includes disclosures of board members, building information, assessments, alternate funding methods, and the status of the association’s structural integrity reserve study (SIRS) through the online account.
Photo by iStockphoto.com/ronstik
The Department has provided the following information to help associations.
To create an account and log into the Department’s online portal, visit the link below: https://tinyurl.com/4hd5hpw7
With the most recent legislation in HB 913, residential associations three habitable stories or higher in height are now required to complete a SIRS by December 31, 2025.
The Division of Condominiums, Timeshares, and Mobile Homes has created stepby-step instructions for the creation of the online account and the submission of information through the online portal. To view the instructions, visit the following links:
Create an account and link the association’s managing entity at tinyurl.com/54rb7hyd
Submit association information at tinyurl.com/36s92ru3
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.
Submit building and assessment information at tinyurl.com/ yc3k8vp2
Access the SIRS form at tinyurl.com/5h4ywuft
Filers may want to perform a test run to ensure that they have the information necessary to complete registration because the Department warns that “once you click on the menu option, the information you inputted will not be saved until the form is completed. If you exit the form early, the information entered will be lost and you will have to start again.”
Associations do not have to file with an attorney and likely will not need an attorney to navigate through the form.
NO COVERAGE: DID INSURANCE BROKER PROVIDE EXPECTED COVERAGE?
South Florida associations must be prepared for the next big storm or other loss. Do you know what damage your insurance policy will cover?
This month’s case for review addresses a recreational park owner’s discovery after a storm that their coverage excluded power stations and related items. In Leavitt Recreation & Hospitality Insurance, Inc. v. Florida Caverns R. V. Resort, LLC, 50 Fla. L. Weekly D 1641 (Fla. 1st DCA, July 30, 2025), the facts indicate that Florida Caverns is a company that owns and operates a park for recreational vehicles near the Florida Caverns State Park. When its owner, Erwin Jackson, purchased the RV park, he claims he contacted Leavitt Recreation to obtain commercial property insurance.
The park’s insurance policy did not expressly specify whether power stations were included or excluded. Of course, after the RV park sustained extensive damage when Hurricane Michael passed directly over the park, the insurer denied coverage for damage to the RV power stations, claiming they were not covered in the policy.
Florida Caverns sued the insurer alleging the insurer’s broker negligently failed to include power station coverage. The total cost to repair or replace 201 power stations was almost $1.1 million. The insurer sought to avoid a trial by seeking a summary judgment, arguing that Florida Caverns was required to produce an actual insurance policy issued before Hurricane Michael hit the covered RV power stations damaged to prove that such coverage was then available. The trial court agreed and granted summary judgment for the insurer, dismissing the lawsuit.
The Florida appellate court disagreed, rejecting the argument of the
Planning for the future is complicated. Your reserve study shouldn’t be.
YOUR PROPERTY WELLNESS EXPERTS
We help associations maintain physical and financial health through education, ongoing support, and reserve studies tailored to your community’s unique priorities.
Contact us at reserveadvisors.com or (800) 980-9881.
insurer and reinstating the claim. The court determined that Florida Caverns was not required to produce an issued insurance policy from just before Hurricane Michael hit that expressly covered power station damage. The court explained that an insurer may be liable for coverage not included in a written contract if its agent failed to provide it or to notify the insured that such coverage was excluded from the policy issued. The insured only has to show that the requested coverage was available in the insurance industry when it obtained the policy.
“We find no authority that would have required Florida Caverns to produce, at the summary judgment state, an executed, preMichael policy providing powerstation coverage and establishing a base for calculation of damages,” the court stated. “The deposition testimony before the court established that the coverage was available, that both Mr. Jackson and the Leavitt agent knew it was available, that Mr. Jackson claimed he wanted it, and that the agent claimed Mr. Jackson said he did not want it.”
The insurer was not required to produce an actual policy covering power stations.
In other words, park owner Florida Caverns’ lawsuit for the negligent failure to procure the appropriate insurance coverage can now proceed.
This case illustrates how important it is to read your insurance policy, its endorsements, and amendments with the declarations page and to understand exactly what damage it will include and what is excluded. Invite your association’s insurance agent to present the information to the members, and remind the members of the deductible amounts and how the association plans to cover the amount of the deductible. n
BY BETSY BARBIEUX, CAM, CFCAM, CMCA
I Diffusing Toxic Conversations
t goes without saying there are some people you really enjoy being around, and others are not so enjoyable. It is not uncommon to have favorite people in your life or even have deep relationships with those you can share your hopes, dreams, fears, and failures with. But then there are acquaintances with whom you only share surface talk, and others with whom you talk about workplace issues. Some you keep on an “elevator” level of conversation and don’t go past talking about the weather. With a few
Photo by iStockphoto.com/wildpixel
you’ll continue the conversation longer and learn about their family and interests.
Then there are those who drive you crazy. It seems like every time you encounter them, they make you feel guilty, blame you for their problems, are negative, or make you doubt yourself. Some would call your conversations with them “toxic.”
Here are some tips for those toxic conversations as follows:
• When the other person tries to guilt you, respond, “I understand you may not like my decision, but I am confident in my decision.”
• When the other person tries to dismiss your feelings, respond, “My feelings are valid, and I’d appreciate it if you let my feelings be my feelings.”
Betsy Barbieux, CAM, CFCAM, CMCA, guides managers, board members, and service providers in handling daily operations of their communities while dealing with different communication styles, difficult personalities, and conflict. Effective communication and efficient management are her goals. Since 1999 Betsy has educated thousands of managers, directors, and service providers. She is your trainer for life! Betsy is the author of Boardmanship, a columnist in the Florida Community Association Journal, and a former member of the Regulatory Council for Community Association Managers. Subscribe to CAM MattersTM at www.youtube.com/c/cammatters. For more information, contact Betsy@FloridaCAMSchools.com, call 352-326-8365, or visit www.FloridaCAMSchools.com.
constantly criticizes you, say, “I would welcome some constructive feedback, but this criticism is not helpful.”
• When the other person plays the victim, respond by saying, “I can tell you’re going through a rough time, but I can’t take care of this issue for you.”
• When they try to control your situation, comment, “I understand your perspective, but I’ll make my own decisions.”
• When they spread negativity, remark, “Let’s focus on what we can control and improve it.”
• When they gaslight* you, respond by saying, “I know my experience, and this is how I see it (or this is what I know).”
*GASLIGHTING IS A FORM OF PSYCHOLOGICAL MANIPULATION IN WHICH A PERSON OR GROUP COVERTLY SOWS SEEDS OF DOUBT IN A TARGETED INDIVIDUAL OR GROUP, MAKING THEM QUESTION THEIR OWN MEMORY, PERCEPTION, OR JUDGMENT. IT IS A TYPE OF EMOTIONAL ABUSE THAT IS INTENDED TO GAIN POWER AND CONTROL OVER ANOTHER PERSON.
• When they interrupt you, calmly say, “I wasn’t finished with my thought so please let me finish.”
• For the times you must deal with a bully (an aggressive, negative, intimidating person), here are some strategies. See if you can find a point of agreement, even a small one, or change the subject to something more productive. Be sure to tell
the truth. If you made a mistake, admit it, but don’t be emotional (don’t get aggressive, negative, or intimidating). Ask a question to clarify the issue. Paraphrase what you think they said.
• When involved in a toxic conversation, be aware that emotion and logic do not mix, just as oil and water do not mix. Do not try to reason with an emotional person. Take a break and come back later when he or she is not so emotional. If you keep trying to convince an emotional person of your logic, she will bring you down to her emotional level; you (the logical person) will lose your composure, and the conversation will not end well.
• Remember, you always have the right to say “no,” the right to your opinion, the right to set boundaries, the right to change your mind, and the right to have a solution-oriented conversation.
*Gaslighting is a form of psychological manipulation in which a person or group covertly sows seeds of doubt in a targeted individual or group, making them question their own memory, perception, or judgment. It is a type of emotional abuse that is intended to gain power and control over another person.
Key characteristics of gaslighting include the following:
Persistent lying and denial
The gaslighter will tell blatant lies and refuse to back down, even when presented with proof. He may deny events you know happened or insist you said or did things you didn’t.
Trivializing feelings
He minimizes or dismisses your feelings, often telling you that you are “too sensitive,” “crazy,” or “overreacting.” This invalidates your emotional experience and makes you feel like your reactions are unreasonable.
Blame-shifting
T his person consistently shifts blame onto you for his own actions. He might say, “If you hadn’t done X, I wouldn’t have had to do Y,” making you feel like you are the cause of his negative behavior
Eroding self–esteem
Gaslighting is a gradual process that wears down a person’s selfworth and confidence. Over time the victim may start to believe the gaslighter’s false narrative and begin to doubt their own sanity
Isolation
The abuser may attempt to turn others against you or convince you that your friends and family don’t like you, isolating you from your support system and making you more dependent on them.
(Sources: Merriam-Webster , Psychology Today , Cleveland Health )
The goal of gaslighting is to make the victim confused and uncertain, leading them to rely on the gaslighter’s version of reality. This can occur in romantic relationships, friendships, families, and even professional or political contexts. n
G E N E R A L G E N E R A L
Milestone inspections and SIRS aren’t optional they ’ re Florida law. HOAs and CAMs face strict deadlines, DBPR penalties, and insurance pressure. Statewide licensed contractor support mobilized fast for compliance and restoration
Pre-assessment site reviews to prepare for engineering inspections
Milestone & SIRS coordination with our licensed engineers
Concrete and structural restoration that meets Florida’s strictest codes
Drain & water systems, trenchless lining, foundation, MEP retrofits.
Drain & water systems, trenchless lining, foundation, MEP retrofits.
The Dos and Don’ts of Navigating a Structural Integrity Reserve Study (SIRS)
BY ANASTASIA KOLODZIK, PRA, RS, CAM
Florida’s condominium and cooperative associations are facing new realities in the wake of legislative reforms. With the passage of Senate Bill 4-D and subsequent updates in Senate Bill 154, the structural integrity reserve study (SIRS) is no longer optional—it is a mandated expense. For many boards, this requirement feels daunting. Yet with the right knowledge and preparation, a SIRS can become a valuable tool for protecting both the property and the financial well-being of its residents. In this article we’ll walk through the dos and don’ts of the SIRS and share examples of how associations are navigating the process successfully.
DOS OF SIRS Do Start Early
Waiting until the deadline is looming can create unnecessary stress. A SIRS is a
Photo by iStockphoto.com/peshkov
complex undertaking that requires scheduling site inspections, collecting documents, and analyzing data. The earlier you begin, the more flexibility you’ll have if unexpected issues arise.
Example: A 120-unit condominium in Palm Beach County scheduled their SIRS six months in advance. This gave them time to gather engineering reports, old reserve studies, and maintenance records. By the time their inspection took place, everything was in order, and the process moved smoothly.
Do Hire Qualified Professionals
Not all reserve preparers are created equal. A proper SIRS requires expertise in building systems, reserve analysis, and statutory compliance. Hiring a firm that specializes in Florida condominiums ensures your study meets the strict requirements of FS 718.112(2)(g).
Anastasia Kolodzik, PRA, RS, CAM, is president of Expert Reserve Services, a leading provider of reserve studies, structural integrity reserve studies (SIRS), and replacement cost valuations across Florida. With recognized designations as a professional reserve analyst (PRA) and reserve specialist (RS), she brings deep expertise in guiding associations through financial and statutory compliance under Florida Statute 718. Anastasia is also a licensed community association manager (CAM) and an approved continuing education provider, dedicated to educating boards, managers, and professionals on best practices in reserve planning and fiscal responsibility. For more information, call 866-480-8236 or visit www.expertreserveservices.com.
Example: An association in Broward County initially hired a generic engineering consultant who produced a broad-brush report. Upon legal review, it was deemed noncompliant. The association had to hire a specialized reserve provider to redo the study—doubling their cost and wasting valuable time.
Do Understand the Funding Methods
Florida law requires specific funding for SIRS components, but boards still need to understand the differences between full funding, threshold (or 100 percent) funding, pooled reserves, and component reserves. Each approach impacts assessments differently.
Example: One board in Orlando opted for pooled reserves, which gave them more flexibility when certain projects came in under budget. Another board in Naples stayed with a component method, preferring the predictability of earmarked funds. Both approaches were valid—because the boards understood what worked best for their community.
Do Communicate Transparently with Owners
Nothing creates panic like a surprise assessment. Boards should use newsletters, town halls, and email updates to explain the process, the purpose of this SIRS, and the benefits of compliance.
Example: A coastal association held a Q&A session for owners before their SIRS was finalized. By explaining that a SIRS protects property values and helps avoid sudden financial shocks, they turned a potentially tense conversation into a constructive dialogue.
Do Treat the Report as a Living Document
A SIRS is not a one-time box to check—it must be updated at least every 10 years. Moreover, if conditions change (such as unexpected structural issues), adjustments may be necessary. Keeping the report current ensures that reserve planning remains accurate and defensible.
DON’TS OF SIRS
Don’t Assume Past Practices Will Work
YOUR HOA LENDER
LOCKBOX SERVICES CASH MANAGEMENT AND ONLINE PAYMENTS
ICS® & CDARS® DEPOSIT SOLUTIONS ASSOCIATION LOANS RECERTIFICATION RESERVE LENDING IMPROVEMENTS AND REPAIRS
FLORIDA BASED, FLORIDA FOCUSED
You will enjoy how simple and easy we make banking for Homeowner Associations and Prroperty Managers with a suite of products developed uniquely to meet your needs and a level of service that consistently reminds you of how important you are to us at U.S. Century Bank.
Many associations are accustomed to waiving or underfunding reserves. That option is no longer available for SIRS-required components. Boards that continue “business as usual” will find themselves out of compliance and potentially liable.
Example: A small condominium that had waived reserves for 15 years suddenly faced significant increases in monthly dues once SIRS funding was calculated. The burden was heavy, but the board explained the legal necessity and worked with owners on phased implementation.
Don’t Rely on Generic Templates
Each property has unique features—parking garages, balconies, seawalls, elevators, and roofs. A cookie-cutter report fails to capture these nuances and leaves the association exposed.
Example: Two sister properties in the same county used the same generic reserve template. One had extensive balcony railings requiring replacement within five years, but the report overlooked this. By the time it was discovered, the association had no funds allocated, leading to an emergency assessment.
Don’t Focus Solely on Cost—Focus on Accuracy
It can be tempting to hire the lowest bidder, but in the long run, accuracy saves money. A
high-quality SIRS doesn’t just meet statutory requirements; it prevents underfunding, surprise repairs, and potential liability.
Don’t Forget About Recordkeeping
A SIRS report should reference key documents: engineering studies, maintenance records, and vendor warranties. This creates a defensible paper trail for future boards and any officials who may review your records.
Don’t Delay Owner Education
Many owners are unfamiliar with terms like “pooled reserves” or “full funding.” Waiting until after assessments are increased to explain these concepts will only lead to frustration and conflict. Education should begin before the report is even finalized.
SUCCESS STORIES— HOW ASSOCIATIONS ARE GETTING IT RIGHT
The proactive board in Volusia County—This board scheduled their SIRS a year early, held informational sessions for owners, and distributed FAQs on reserves. When the results came back requiring higher contributions, owners were already prepared for the adjustment.
The transparent treasurer in Sarasota—Instead of hiding the numbers, this treasurer posted a breakdown of how every reserve dollar would be spent over the next decade. Owners appreciated the clarity and supported the board’s decisions.
The educated owners in Miami-Dade—By encouraging owners to read educational materials (including free guides available online), this association turned a compliance requirement into an opportunity for financial literacy.
CONCLUSION—TURNING OBLIGATION INTO OPPORTUNITY
The SIRS requirement may feel like a burden, but it is ultimately a safeguard. When done correctly, it ensures that condominiums remain structurally sound, financially stable, and compliant with Florida law. Boards that take a proactive, transparent, and informed approach will not only meet the legal requirements but also build trust with their communities.
By following the dos and avoiding the don’ts, associations can navigate a SIRS with confidence—and turn what might seem like a regulatory hurdle into a roadmap for long-term success. n
We’ve Got You – And Your Car –COVERED.
Protect your vehicles from Florida’s harsh environment with Mullet’s Aluminum’s award-winning carports. Ideal for condominium, apartment and commercial properties, our structurally superior, site-specific systems are engineered for long-term performance, reducing vehicle heat and enhancing interior comfort.
With over 45 years of experience in manufacturing and installation, Mullet’s Aluminum is one of the largest architectural aluminum manufacturers in Florida - so don’t worry, we’ve got you covered. .
Call for a free quote or visit our website.
Photo by iStockphoto.com/EyeEm Mobile GmbH
BY WILL SIMONS, RS, EBP
R Fair Shares, Real Costs: The Future of Reserves in Florida
eaders of this magazine have already seen excellent coverage of Florida’s legislative journey since the Surfside tragedy. Prior articles in FLCAJ have explained the broad strokes of Senate Bill 4-D, SB 154, and most recently House Bill 913, which was signed into law on July 1, 2025. Those pieces have done a great job summarizing the provisions, deadlines, and governance reforms that boards and managers need to know. My focus is to add a perspective not from legislative text, but from the ground: data and lessons learned from more than 1,000 real-world SIRS reports completed across the state. That dataset provides a reality check—and, I hope, some reassurance—as communities wrestle with the changes now required of them.
HOW WE GOT HERE
Florida’s condominium reserve laws didn’t change overnight. After Surfside the legislature passed SB 4-D in 2022, which created the requirement for milestone inspections and the very first definition of a “structural integrity reserve study” or “SIRS.” It was a landmark shift, eliminating the ability of association memberships to waive reserves for certain structural items. The next year, SB 154 clarified those initial requirements. It adjusted definitions and timelines and clarified who could perform inspections and SIRS reports. While still sweeping in scope, SB 154 made the process more practical for associations trying to comply. HB 913 is simply the next step in that evolution. Rather than completely replacing the earlier laws, it fine-tunes them, making compliance more flexible while still holding boards accountable.
WHY RESERVES EXIST IN THE FIRST PLACE
One of the most common misconceptions about reserves is
WILL SIMONS, RS, EBP, PRESIDENT, FLORIDA
REGIONAL OFFICE OF ASSOCIATION RESERVES
Will Simons, RS, EBP, is a credentialed reserve specialist and president of the Florida regional office of Association Reserves, a national provider of reserve study services. For more information, visit www. ReserveStudy.com
that they’re simply a way to “save up” for some big project in the future, like a roof or painting job. But that misses the point. The real purpose of funding reserves is to fairly charge current owners for the portion of deterioration that happens while they live in their building. Every day components get older, wearing down and deteriorating due to a combination of exposure, use, and a constant drift toward obsolescence. Funding reserves is really about paying today’s bill for ongoing deterioration—it should be treated as a current expense. If today’s owners don’t contribute their fair share, representing the time they lived in a property enjoying the use and value of its various elements, then tomorrow’s owners will bear more than theirs; and that’s not equitable. This is why healthy reserve funding isn’t optional. It’s part of the true cost of ownership in a condominium, just like insurance, utilities, or management fees. For many Florida communities, this has been a disruptive shift in thinking. The hope is that disruption now will give way to normalization as the market adapts. Soon, adequate reserves will be understood as simply part of responsible governance and property ownership—just as they are in comparable communities in other states.
WHAT THE NUMBERS SAY
Here’s where our experience comes in. From over 1,000 SIRS reports completed between 2023 and 2025, several clear patterns emerge. (All
•
•
•
data points listed here reflect funding recommendations for both structural [SIRS-mandated] and non-structural components combined.)
Average increases are manageable. While assessments did rise dramatically in some cases, most increases were far lower than feared. In many cases communities were able to absorb the changes with incremental adjustments instead of drastic hikes. Our data shows that for those associations that were already contributing to reserves (referred to hereafter as Group A), the average monthly increase per owner amounted to just under $97.
For buildings that were not already funding reserves (we’ll call them Group B, representing approximately 12 percent of the properties in our analysis), the required reserve funding was higher—we recommended a net monthly increase to owners of $331, on average. Of course, this is unwelcome news for any owner, but it shouldn’t come as a surprise. Most of the communities in this group have experienced repeated special assessments and loans for projects over their history. The tradeoff in these cases should be that increasing the annual budget to an appropriate number would minimize or eliminate those alternative requirements over time.
Special assessments and loans were an additional factor for both groups of properties, but much less so for Group A. For those buildings already funding reserves, special assessments or loans were required 34 percent of the time. For Group B the frequency was nearly double that at 62 percent. In both groups, when additional
• Water Management Programs for over 8,000 municipal & condo pools since 1983.
•
• Master Distributor & Factory Service Center for over 10,000 parts & accessories.
• Leaders in Proven Green Technologies saving electricity, gas, water, and chemicals.
• Low cost monthly water quality programs starting at $69 a month. 800-940-1557
immediate funds were necessary, these were typically older buildings with years of deferred maintenance and limited reserves. Even without the legislative changes, many of these assessments would likely have happened anyway, given the timing of major upcoming expenses—the sand in the hourglass was already running out well before the SIRS legislation came to pass.
It’s about rebalancing, not exploding budgets. Most associations already had some reserves in place; the SIRS primarily redirected dollars to underfunded structural elements like concrete restoration and waterproofing. (Keep in mind that for other “nonstructural” components, association members still have the option to vote to waive or partially fund reserves.) For boards and managers, this means the SIRS is less a “bombshell” than a budgeting reset. Owners often find that while contributions may rise, they’re rising to reflect the true, ongoing costs of ownership—not arbitrary new burdens.
HB 913: MORE CARROTS…AND MORE STICKS
House Bill 913 introduced meaningful refinements that boards should both welcome and respect. This legislation is designed to help associations by providing more time, flexibility, and financial options. On the bright side, associations can temporarily pause reserve contributions for up to two years after a milestone inspection, if owners approve, to focus on any immediate repair needs discovered by the milestone. In addition, reserves may now be invested in a broader range of vehicles,
potentially improving long-term returns. There are also more avenues provided for how to actually fund for major projects: SIRS professionals may now incorporate loans, lines of credit, and special assessments into funding plans, offering communities more realistic options that should allow them to spread larger dollar amounts over longer periods of time in some cases. With those new benefits, though, comes a stricter focus on compliance and accountability. HB 913 comes with expanded reporting, disclosure, and enforcement requirements. Officers must sign affidavits acknowledging receipt of SIRS reports, and the DBPR is tasked with heightened oversight. Penalties for noncompliance have been expanded as well—possibly resulting in individual fines for board members of up to $5,000 plus removal from their position for a period of time. Bottom line: the additional flexibility is useful and should help ease the financial burden—but only if boards use it wisely and document their decisions carefully.
COMPLIANCE DEADLINES AND WHAT’S NEXT
HB 913 also extended the SIRS compliance deadline to December 31, 2025. That gives associations breathing room but not an excuse to procrastinate. As of now, fewer than half of Florida condominium and cooperative associations appear on track to meet the deadline. That means a surge of activity— and likely a shortage of qualified providers—as the new date approaches. And this isn’t the end of the story. The Florida
PENALTIES FOR NONCOMPLIANCE HAVE BEEN EXPANDED AS WELL—POSSIBLY RESULTING IN INDIVIDUAL FINES FOR BOARD MEMBERS OF UP TO $5,000 PLUS REMOVAL FROM THEIR POSITION FOR A PERIOD OF TIME. BOTTOM LINE: THE ADDITIONAL FLEXIBILITY IS USEFUL AND SHOULD HELP EASE THE FINANCIAL BURDEN—BUT ONLY IF BOARDS USE IT WISELY AND DOCUMENT THEIR DECISIONS CAREFULLY.
Florida’s Roofing Partner for Communities and HOAs
Outdated emergency systems leave your community vulnerable—we're here with solutions. Kings III delivers cutting-edge technology with options that meets evolving elevator codes with two-way messaging and video capabilities. Our turnkey cellular technology eliminates unreliable landlines and simplifies compliance. Beyond equipment, we provide 24/7 monitoring by trained professionals who ensure every resident feels secure. Reduce risk, minimize liability, and enhance safety with emergency communications designed for today's challenges—and tomorrow's.
IN MANY CASES, EVEN IF A COMMUNITY WANTED TO DELAY, THE FINANCIAL MARKETPLACE WON’T ALLOW IT. COMPLIANCE ISN’T JUST ABOUT STATUTES—IT’S BECOMING A PRACTICAL NECESSITY FOR DOING BUSINESS.
DBPR will review data submitted by associations through 2025 and is expected to recommend legislative adjustments in early 2026. Boards should prepare for further refinements in the law as the state digests what SIRS compliance looks like in practice. In the meantime, there’s also growing “indirect enforcement.” Insurers and lenders are tightening their standards, increasingly requiring a current, credible SIRS as a condition for underwriting coverage or approving loans. In many cases, even if a community wanted to delay, the financial marketplace won’t allow it. Compliance isn’t just about statutes—it’s becoming a practical necessity for doing business.
THE BIGGER PICTURE
There’s no denying the transition is disruptive, but the disruption is also clarifying. Owners are beginning to understand that reserves aren’t optional “extras”—they’re a fundamental part of the cost of safe, sustainable ownership. Boards are realizing that clear, current data empowers better decisions, and that transparency about costs builds trust—even when the numbers are uncomfortable. Buyers and lenders, too, are learning to value healthy reserves as a sign of stability rather than seeing them as an added expense. Over time this will shift the condominium market in a healthier direction, rewarding well-prepared communities and penalizing those who resist. The cultural shift is underway, and it’s here to stay. HB 913, like the laws before it, has forced associations to face the reality of deterioration costs. While it has introduced new flexibilities, it has also raised expectations for accountability and transparency. The lesson from the data thus far is clear: most associations can comply, most will find the numbers less frightening than feared, and all will benefit from a more honest accounting of what it really costs to live in a condominium or co-op. n
Why Reserve Studies Matter: A Fiduciary Responsibility for Every Association
BY SUNDEEP JAY, RS, PRA
It is important to understand that a reserve study prepared for a condominium is no different than one prepared for a homeowners’ association (HOA) or even a business association. The principles remain the same: assets depreciate, they have predictable maintenance and replacement costs, and every asset has both a useful life and a remaining life. Whether an association governs a high-rise, a gated single-family community, or a business complex, the fiduciary responsibility of the board is identical—safeguarding the safety, beauty, and financial stability of the community.
Too often boards rely only on the minimum requirements set by Florida statutes. This creates a misleading impression that a community is “cheap to live in.” In reality underfunded reserves almost always result in larger costs down the road, usually in the form of special assessments. This is not only financially disruptive to owners but also unfair. Today’s members should pay
Photo by iStockphoto.com/Ekaterina Chizhevskaya
for today’s use and depreciation, not pass the burden onto tomorrow’s owners.
THE PURPOSE OF RESERVES
The fundamental purpose of a reserve study is to reduce the risk of special assessments and to ensure timely replacement of community assets. This responsibility is not the same as managing your personal household budget. In your own home, you may choose to patch a roof one more time or delay repainting. In a community, fairness requires that all owners share equally in the predictable costs of maintaining the assets they jointly own.
When boards fund reserves properly, they can make decisions based on planning rather than panic. For example, consider a gate operator with a
SUNDEEP JAY, SENIOR RESERVE SPECIALIST AND PROFESSIONAL RESERVE ANALYST, J.R. FRAZER INC.
Sundeep Jay is certified as a senior reserve specialist and professional reserve analyst. He has been completing reserve studies and condominium/HOA property & flood valuation reports for a little more than nine years with J.R. Frazer Inc. He graduated with a degree in accounting and computer science from the University of Central Florida. During his career he has assisted in building more than 70 to 80 residential homes as a real estate broker while also operating his own mortgage company as well as managing three franchise hotels. For more information, call 561-488-3012, email JRFrazerENT@aol.com, or visit www.JRfrazer.com
useful life of 15 years. At the end of that period, the board should plan to replace it rather than continue spending money on recurring repairs. A new operator means stability for the next 15 years without repeated disruptions or unexpected expenses. Proper funding transforms reactive maintenance into proactive management.
This principle applies to every reserve asset. Members are not paying for what might break tomorrow—they are paying today for the portion of the asset that has already been used. This is the foundation of both national reserve study standards and Florida’s laws.
THE THANKLESS JOB OF THE BOARD
It is worth acknowledging that serving on a board of directors is difficult, thankless, and unpaid. Board members volunteer their time to manage millions of dollars in community assets, often while balancing work and family. The last thing they should have to worry about is whether funds will be available to keep their community safe and attractive.
Imagine a clubhouse that has not been updated in 25 to 30 years. Members who purchased when the building was brand new enjoyed a beautiful facility. Twenty years later, a new buyer paying full market value has a right to expect similar quality. If reserves were not adequately funded during those two decades, the new owner may be stuck in a substandard building—or forced to pay hefty special assessments to bring it up to standard. Proper reserve planning is the only way to ensure fairness across generations of owners.
THE 2025 FLORIDA LAW
A significant update to Florida condominium law passed in 2025. The law requires all condominiums to reserve for roofing, painting, paving, and any asset—or system—costing $25,000 or more. While this is a major step forward, it is important not to misinterpret the statute as the full picture of reserve responsibility.
Just because the law sets a $25,000 threshold does not mean associations should ignore assets worth $5,000, $10,000, or $15,000. If the association owns the asset, it belongs in the reserve study. Assets are not part of the operating statement—they are part of long-term capital planning. That is both basic accounting principle and national reserve study standard.
Some argue that smaller assets can be funded through the operating budget. One of the flaws in this reasoning is predictability. For example, a $1,200 pool motor may fail in February, or it may last another two years. No one can predict the timing, which is exactly why it belongs in reserves. Operating budgets should be used for recurring, predictable expenses like utilities and janitorial services, not capital replacements.
UNDERSTANDING ASSETS AS SYSTEMS
Another critical part of the law is the definition of a $25,000 threshold. The law recognizes that this can be a single item or a system. A pool motor may cost only $1,200, but when combined with pumps,
THIS DISTINCTION IS NOT A MATTER OF OPINION; IT IS A MATTER OF ACCOUNTING AND PROFESSIONAL RESERVE STANDARDS. BOARDS SHOULD RESIST THE TEMPTATION TO MINIMIZE OR EXCLUDE ITEMS SIMPLY BECAUSE THEIR INDIVIDUAL COST IS SMALL. SYSTEMS OPERATE AS A WHOLE, AND THEIR COSTS MUST BE TREATED ACCORDINGLY.
filters, and controls, the entire pool system can easily total $15,000–$25,000. According to reserve study standards, the entire system must be included. This distinction is not a matter of opinion; it is a matter of accounting and professional reserve standards. Boards should resist the temptation to minimize or exclude items simply because their individual cost is small. Systems operate as a whole, and their costs must be treated accordingly.
WHY CONSISTENCY MATTERS
When associations consistently expense all capital assets
through reserves, they build an accurate record of what it truly costs to maintain the community over time. This transparency is essential. If some items are pulled from operating funds and others are covered by special assessments, the accounting picture becomes fragmented and misleading. Owners lose sight of the true cost of ownership, and boards lose the ability to plan responsibly.
Reserve funding creates a feedback loop: over 5, 10, or 20 years, the association can see exactly how much it costs to maintain its infrastructure. That knowledge strengthens future planning, builds member trust, and supports property values.
LESSONS FOR YOUNGER COMMUNITIES
For associations less than 20 years old, the temptation is to assume reserves are less urgent. Buildings look good in their first decades, and major systems may still be performing well. But like the human body, buildings age more rapidly after those early years. My experience is that by year 25 to 30, significant updates—both for safety and aesthetics—become unavoidable. Roofs, elevators, plumbing, and interiors begin to show their age. Communities that neglected reserves in their early years face severe financial strain at this point.
Boards of newer associations should take a long-term view. Proper budgeting now prevents painful special assessments later. Future owners deserve to inherit a community that has been cared for responsibly, not one that requires expensive catch-up projects.
A FIDUCIARY DUTY TO THE FUTURE
The assets of an association and the dollars required to maintain them will always exist. They are not optional. That is why fiduciary responsibility requires board members to listen to experienced profes -
sionals and follow established reserve study standards. Our job as reserve analysts and board members is not to budget for individual homeowners’ personal finances—it is to safeguard the collective assets of the community. If we frame our duty any other way, we risk exposing the association and its board to legal consequences.
Reserve planning is not just about numbers—it is about fairness, safety, and transparency. Boards that embrace this responsibility protect property values, reduce financial shocks, and preserve the beauty and functionality of their communities for generations to come. n
Julie Jaram, MBA 360 Central Avenue, Suite 800 St. Petersburg, FL 33701 727.290.2578
jjaram@devinandco.com • www.devinandco.com
Photo by iStockphoto.com/Ekaterina Chizhevskaya
Facing Florida’s New Structural Integrity Reserve Study Mandates A Case Study in Proactive Planning
BY MATT KUISLE, P.E., RS, PRA
For many Florida condominiums the financial challenges tied to structural integrity reserve studies (SIRS) stem less from the new mandates themselves and more from issues that have long been overlooked. Historically many associations have underfunded their reserves and overlooked the structural needs of their buildings. In tandem with the natural toll of coastal living on building infrastructure, countless communities have found themselves in a vulnerable position, with the actual cost of ownership going unknown until critical repairs can no longer be deferred.
SIRS did not create this problem, but it brought it to the forefront for good reason: to safeguard resident safety and protect the long-term value of every home. Compounding the urgency are forces beyond the board’s control, including stricter mortgage lending standards, which place added scrutiny on an association’s financial health. Together these pressures made it clear that postponing action is no longer an option.
Photo courtesy Reserve Advisors
THE CASE FOR ACTING NOW
Statutory requirements aside, the sooner a community moves toward adequately funding its reserves, the stronger its financial outlook becomes. In Florida many associations face the reality of needing to raise contributions by more than 140 percent to adequately fund both structural and nonstructural assets.
Florencia Owner’s Association confronted a 93 percent increase, a significant but necessary step to address immediate capital needs and build a foundation for longterm financial health. Working alongside Reserve Advisors, the board implemented a plan that balanced urgent projects with the association’s current and future financial position. This community’s experience emphasizes what many condominium associations throughout Florida have learned— waiting to act minimizes options while proactive planning supports both building safety and long-term financial stability.
BACKGROUND 2021
Florencia Owner’s Association, Inc., a 22-story, 52-unit luxury
MATT KUISLE, P.E., RS, PRA, REGIONAL EXECUTIVE DIRECTOR, RESERVE ADVISORS
Matt Kuisle, P.E., RS, PRA, is the regional executive director for Reserve Advisors, leading the firm’s operations in Florida, Georgia, and the Carolinas. Matt has been conducting reserve studies for 24 years and is a frequent speaker and author. He is a licensed continuing education provider for Florida CAMs and serves on the Community Associations Institute National Board of Trustees and as a delegate with the Florida Legislative Alliance. Reserve Advisors is a leading provider of reserve study consulting services, having conducted reserve studies for more than 3,000 Florida communities.
high-rise in downtown St. Petersburg, was built in 2000. By 2021 the community was entering a critical phase of its lifecycle where major systems often require repair or replacement within the next 5–10 years. Management and the board were already addressing signs of wear and tear. The roofing system had developed periodic leaks, and the plaza deck membrane had an active leak. Despite these needs, reserves totaled less than $350,000, which was well below the amount required to fund upcoming projects.
Recognizing the risk of deferred maintenance, the board engaged Reserve Advisors to obtain a comprehensive reserve study. This partnership enabled the board to translate the property’s condition into actionable financial planning, providing a holistic view of the community’s needs and positioning them to plan responsibly for the future.
RESERVE STUDY RESULTS
Given the building’s age and history of underfunding reserves, the initial reserve study confirmed that course correction was unavoidable. With projections indicating that reserves would be depleted by 2030, the board increased reserve contributions by 93 percent to ensure financial stability.
GET EVERY ISSUE OF THE
FLORIDA COMMUNITY ASSOCIATION JOURNAL
As a community association manager or board member, you make crucial decisions for your community. Don't miss out on the insights and updates that can help you make informed choices. Subscribe now to the Florida Community Association Journal and receive every issue delivered directly to your mailbox.
Visit www.fcapgroup.com/flcaj/subscribe/ to secure your subscription and never miss an issue.
The study highlighted urgent projects, including the roofing system and plaza deck membrane, which required near-immediate repair. In total the association needed to plan for over $1.3 million in expenditures within the first five years. Over a 10-year horizon, projected needs totaled $3.7 million, including stucco repairs, replacement of the clay tile roof and low slope roof, elevator traction controls, and significant renovations to the common areas, all of which were original to the building.
Working together, the board, management, and Reserve Advisors achieved alignment on both required and elective projects while also finalizing remaining useful lives and project costs that took into account current maintenance practices and contractor costs.
A COMMITMENT TO FINANCIAL INDEPENDENCE
Following the study the board and management collaborated to implement the recommendations. To stay on track, the
association needed to contribute $455,000 in reserves annually, nearly double what was previously budgeted.
Through a combination of assessments and increased contributions, the board was able to close the funding gap and proceed with critical projects. By approaching this challenge with the openness to make difficult decisions alongside their reserve specialist, the board took a crucial step in bringing their community to financial health.
Constructing a reserve fund model that reflected net reserves over the next 30 years, allocated by pooled funding and incorporating key assumptions, positioned the board to educate residents that substantial funding increases were necessary. Not only were these increases necessary to address current underfunding issues, but they were also crucial in protecting residents from unpredictable and inherently unfair special assessments.
Working closely with their management team from FirstService Residential, led by Ryan Howard, LCAM, the board increased reserve contributions beyond the 2021 study recommendations and applied a five percent inflationary adjustment on top of the recommendations. This early action ensured the association was prepared for future regulatory requirements.
“The board’s ability to take these steps was highly contingent upon the foundation laid by prior management and the initial reserve study,” said Howard. “That initial stepping stone was critical in allowing us to continue making informed, forward-looking financial decisions before legislation was finalized, and it has proven to be incredibly beneficial.”
POSITIONED TO ADDRESS LEGISLATIVE REQUIREMENTS
By the time the initial SIRS was finalized in 2025, Florencia had budgeted $563,000 in reserves, establishing a strong foundation on which future funding would be based. With mandatory requirements looming, management and the board collaborated with Reserve Advisors to balance structural priorities with nonstructural goals in a manner that would minimize the financial impact on residents.
Choices such as opting to restore rather than replace the building
lobby’s marble floors allowed the association to optimize funding in a way that would not compromise building quality or resident safety. Going into 2026, the association is implementing a reasonable five percent increase in reserve contribu-
tions, budgeting for both structural and nonstructural items. Where many associations are faced with funding shortfalls that may impact property values, Florencia is in a position where their reserves are an asset.
GUIDANCE FOR BOARDS IN MEETING SIRS REQUIREMENTS
Aging infrastructure, underfunded reserves, and statutory funding requirements are proving to be a challenge for associations statewide. However, much like Florencia’s struggles in 2021, these burdens can be overcome through taking proactive action as soon as possible.
By making difficult decisions nearly five years ago, Florencia was able to get their reserves in order, address deferred maintenance, and invest in a preventive maintenance strategy. Florencia’s experience demonstrates that collaboration between boards, management teams, and reserve study providers offers associations the support needed to make difficult decisions today that will safeguard financial health and resident safety down the line. Thoughtful project prioritization and capital planning, along with the responsible execution of SIRS recommendations, will protect property values while ensuring compliance with legislative requirements. n
Photo courtesy Reserve Advisors
Key Insurance Considerations for Florida-Based Condominium Associations
BY PAMELA MALFAVON, CIC, CRM
Condominium associations have a unique set of insurance policies designed to protect the assets and exposures associated with a condominium. In Florida, separate dedicated policies are available to provide coverage for the different exposures. This approach differs from other states, where one carrier can offer a package policy that includes several coverages within the same policy. Most carriers offering coverage in Florida prefer to have their coverage segregated and specialize in each line of business.
According to Florida law condominium associations are responsible for insuring certain parts of the building. This includes the building structure, common areas, drywall within individual units, and building equipment—such as elevators, generators, and water pumps. Meanwhile, unit owners are responsible for insuring the interior of their units, which includes items like personal belongings, wall coverings, floor coverings, ceiling coverings, appliances, and cabinets. Confusion often arises when a claim is made regarding insurance responsibilities. However, there is a clear distinction between the coverage provided by a condominium policy and that of a unit owner’s (HO-6) policy. Misunderstandings in this area can lead to costly gaps in coverage.
Board members play a critical role in ensuring that their associations are adequately protected when purchasing insurance policies for the condominium association. They should work closely with their
Photo by iStockphoto.com/EyeEm Mobile GmbH
insurance agents to review and understand all available policies as well as determine which policies are required and which could offer additional layers of protection. Ultimately, if an incident occurs in the condominium and no coverage is in place, the costs will fall directly on the community.
MASTER POLICIES AND LEGAL REQUIREMENTS
Florida law mandates that condominium associations maintain adequate property insurance based on replacement cost, which is determined by an independent appraisal every 36 months. The law also requires associations to maintain a fidelity or crime policy to cover the maximum amount of funds the condominium association may have at any one time. The declaration of condominium should always be reviewed as well. It will likely include additional coverages that the condominium should purchase, including general
PAMELA MALFAVON, VICE PRESIDENT, USI INSURANCE SERVICES COMMERCIAL PROPERTY & CASUALTY | CONDO & HOA ASSOCIATION SPECIALIST
Pamela Malfavon is a seasoned insurance professional with over 13 years of experience in the industry, currently serving as vice president at USI Insurance Services. She specializes in commercial property and casualty insurance, with a strong focus on condominium and homeowners associations across South Florida.
Pamela brings a deep understanding of the unique risks and coverage needs of residential communities, drawing from her prior role as director of financial products and services, where she led initiatives in both insurance and banking tailored to associations. Pamela’s strategic insight, combined with her dedication to client advocacy, has earned her the trust of property managers and board members, navigating the complexities of today’s evolving insurance landscape.
liability, directors and officers (D&O), boiler and machinery, and flood.
Insurance Policies Every Condominium Should Purchase
• Property—Covers physical structures and common areas against perils like fire, windstorms, water damage, and vandalism. Most policies are written on a replacement cost basis, which is the cost to replace the damaged property with materials of like kind and quality without any deduction for depreciation.
J.R. Frazer, Inc.
SIRS, Reserve Studies, Property & Flood Insurance Cost Valuation Reports for Condo Associations and HOAs
Conducting
Our reports are very easy to understand and help communities meet their reserve requirements by staying in a positive cash flow. We now provide color photographs of reserve
We offer a discounted rate when ordering both a reserve study and property cost valuation report.
“We want to thank our customers for their business and continued support.”
• Equipment breakdown (boiler and machinery)— Provides coverage to a variety of equipment (generators, elevators, cooling tower, etc.) for “sudden and accidental” damages resulting from mechanical breakdown, electrical arcing, or power outages. Those types of claims would not be covered under a standard property policy.
• General liability—Protects against lawsuits for injuries or damages occurring on common property. This covers bodily injury or property damage claims by third parties arising from the insured’s premises or operations.
• Directors & officers (D&O) liability—Shields board members from personal liability related to governance decisions. This is the most important policy for board members as it protects the board and their spouses in the event they are personally sued.
• Crime/fidelity—Covers losses due to employee dishonesty or fraud. Coverage should extend to include forgery or alteration as well as computer and funds transfer fraud. Per statute, the limit should equal the maximum amount of funds the association has at any given time.
• Workers’ compensation— Even if an association has no employees, it could still be faced with workers’ compensation liability exposure. An “if-any” workers’ comp policy covers injuries to volunteers working in an official capacity for the association as a “work-related” injury.
• Umbrella—This policy provides excess coverage over
primary policies, including general liability, directors and officers’ liability, and employer’s liability (workers’ comp). The umbrella policy will increase the underlying limits for an additional $5 million, up to $100 million of coverage. If an umbrella policy is not available, then an excess liability policy should be considered to increase the general liability policy for at least an additional $5 million, and an excess D&O policy should be considered for an additional $1 million.
• Flood—Covers damage from the temporary inundation of two or more acres of normally dry land area (or properties) as defined by the National Flood Insurance Program (NFIP). In Florida, flood risk is especially high due to hurricanes, tropical storms, and heavy rainfall. Standard property policies do not cover flood damage, making separate flood insurance essential for condominium associations.
Other Policies to Consider
• Cyber—Cyberattacks continue to increase every year. This policy provides network and information security liability for claims arising from unauthorized access to data, failure to provide notification of a data breach, or transmission of a computer virus.
• Legal defense—This policy provides coverage for legal defense costs associated with claims that are denied or excluded from general liability and/or D&O policies. The policy has a zero deductible.
• Glass—The property policy provides glass coverage. However, it is subject to large deductibles, especially in the event of a storm. A separate glass-only policy with a zero deductible is available for common areas, units, and balconies.
WHY BOARD INVOLVEMENT IS CRUCIAL
Insurance decisions should never be left solely to property managers or external consultants. Board members must do the following:
• Review policies annually with a trusted insurance advisor.
• Understand deductibles and coverage limits, which can significantly impact out-of-pocket costs.
• Ensure appraisals are current to avoid underinsurance penalties.
• Work closely with a trusted insurance advisor to understand any exclusions or gaps in the different policies.
• Ensure budget estimates are in line with market conditions and expectations.
• Review loss history.
• Keep and maintain updated records of maintenance contracts, engineering reports, and board meeting minutes.
• Ensure contractors are providing current certificates of insurance and proper insurance coverages, minimizing risk and exposure to the association.
• Communicate clearly with residents about what is and isn’t covered.
CLOSING THOUGHTS
Insurance is more than a line item in the budget—it’s a cornerstone of responsible governance. Board members who take the time to understand their policies, engage with advisors, and communicate transparently with residents are better equipped to safeguard their associations against the unexpected. n
Infighting in Florida Community Associations: A Crisis of Governance, Finances, and Trust
BY DAN GLEASON, CAM, CFCAM
In my opinion no community association enjoys perpetual harmony, especially not in today’s climate. Florida associations are facing intense financial strain and escalating regulatory demands that are testing even the most stable communities. A perfect storm of pressures, including mandatory reserve funding, skyrocketing insurance premiums, rising maintenance as well as inflationary repair costs, and the cost of conducting structural integrity reserve studies (SIRS), is placing unprecedented stress not only on association budgets but also on the personal finances of individual owners.
These challenges are not hypothetical. According to the Florida Department of Business and Professional Regulation (DBPR), over 360 condominium terminations involving more than 26,500 units have been approved since 2012. In 2022 alone, 23 terminations were approved, affecting nearly 550 units. At this date there are no studies confirming what I see as increasing numbers of associations disbanding rather than
Photo by iStockphoto.com/forgiss
dealing with the challenges noted above.
Beyond the statistics, these financial pressures often give rise to infighting and internal division. Disputes erupt over the size and timing of assessments and the delay of repairs, and conflicting priorities complicate already difficult decisions. These tensions are only worsened when boards act without adequate professional guidance or resources. Owners find themselves torn between what design professionals recommend and what their finances can afford. Disputes seem divided over following the science posited by professionals and “business decisions,” as a board member explained to me.
Owners, confronted with rising costs and limited options, debate whether to continue investing in aging infrastructure or push for termination and redevelopment as
was the case with Champlain Towers South (Baker, Mike; Singhvi, Anjali; Mazzei, Patricia. The New York Times, June 26, 2021). Many coastal buildings have outlived their useful lives. Meanwhile, volunteer board members, many of whom are absent experience in finance, engineering, or construction management, are suddenly thrust into the roles of crisis managers, making high-stakes decisions under mounting scrutiny.
The horrific collapse of Champlain Towers South in Surfside, Florida, in June 2021 served as a nationwide wake-up call, particularly for owners in those aging, coastal communities. The incident drew the attention of community association managers (CAMs), state lawmakers, insurers, developers, lenders, and federal housing authorities.
Conditions that contributed to that tragedy are aging structures, deferred maintenance, and underfunded reserves as well as board infighting, which stalled critical repairs and are unfortunately common across Florida. Despite warnings from engineers and other professionals, successive Champlain Towers boards failed to build the consensus needed to act (see: Morabito Consultants, Structural Field Survey Report, October 8, 2018; Nottingham, Shawn; Lemos, Gregory, CNN, June 29, 2021). The Surfside, Florida, condominium collapse began an extended examination of condominium safety standards nationwide. One significant element holding back completing essential repairs for that association was keeping adequate reserves. That examination has revealed that only 30 percent of associations have less than a third of what they need for major costs and emergencies. Champlain Towers South only had 6.9 percent of the funds it needed (https://www.mcgowanprograms.com/blog/the-impact-of-thesurfside-florida-condo-collapse-three-years-later/).
In the aftermath, both the regulatory and financial environments have become significantly more demanding. Fannie Mae and Freddie Mac have adopted stricter lending criteria, making it harder for buyers to obtain condominium financing. (See: Ben Eisen, “Surfside Tower Collapse Makes Buying Condos More Complicated,” Wall Street Journal, Feb. 20, 2022.) The Florida legislature, through SB 4-D (2022 Special Session), shortened inspection periods and prohibited associations from deferring necessary repairs. Insurance carriers, lenders, and buyers now require documented proof of structural soundness, sufficient reserves, and up-todate inspections before transacting. These pressures are creating the ideal conditions for widespread community conflict. As tensions mount, trust erodes, civility deteriorates, and frustration festers. In extreme cases, infighting leads to lawsuits, board resignations, recalls, and complete governance breakdown, leaving associations rudderless when effective leadership is most needed. Board meetings often degenerate into shouting matches between opposing owners. Maintaining order sometimes requires police intervention to prevent physical altercations.
At the heart of this crisis are the individual owners, many of whom have lived in their communities for decades, now being told they must either fund massive assessments or leave the homes they love. Listening to board meetings where engineers and other design professionals outline shocking repair costs, unaffordable insurance premiums, and compliance mandates, owners are over-
whelmed, disheartened, and often unable to pay. According to the International Economic council “...Both year-round and seasonal residents may be looking to sell despite a likely low return on investment. If people leave in droves, community disinvestment will begin to set in...”
For these residents, the choice is devastating: go into debt, sell under duress, or vacate entirely. The absence of financial assistance from government programs, insurers, or lenders only deepens the crisis. The result is nothing short of catastrophic, not just financially but emotionally and socially. They want to stay. They want to preserve their communities. However, without support many are left with no other option than to walk away, not because they want to but because their buildings are unsafe and their wallets are empty.
This is the crisis for CAMs, boards, and owners. The notion of condemning long-term owners to give up their homes through no fault of their own offends the sense of justice for most people. Boards of directors, who see themselves, but for the grace of God, in similar straits, grasp at almost anything that will stop less fortunate neighbors from forced removal, including repudiation of the facts and laws of physics. The spalled concrete of their buildings and rusted structural steel cause not just the collapse of large chunks of the building that fall away, but in the case of Surfside, the destruction of an entire tower resulting in the death of 98 people. Boards trying to preserve the human composition of their communities are in many cases willing to run the risk of failing to preserve the physical composition of the community. CAMs find themselves trying to gather the best information available for boards to make the most informed decisions possible from design professionals, insurance companies, and contractors, while at the same time cognizant of the financial health of the communities they serve. Sympathizing with aggrieved owners, analyzing the science from the design professionals, aware of the assessments, trying to maintain order as this painful process is worked through, and remaining objectively aware of what should be done for the long-term best interests of the membership, board members are finding themselves tempest tossed. Many resign because they can find no path forward to guide the board and the members short of community termination. Advising a board that the best course of action is community termination is more than destructive for the association; it means the end of service for the CAM and the board.
Redevelopment of coastal communities appears to be an aftereffect of this crisis as reported by National Public Radio in a 2024 article. Developer Ian Bruce Eichner calls it “the most significant impact on waterfront real estate that you’ve ever seen in your professional lifetime. The reason is that Florida’s first generation of condominiums—buildings 50 and 60 years old—are ripe for termination. In real estate parlance, that means they’ll be torn down. These buildings are 60 years old, they’re on the water, and they’re in ’A’ locations. And they’re crappy old buildings,” says Eichner, CEO of the Continuum Co. He currently has some condominium projects under construction in South Florida and says more are coming. He says, “Older buildings, especially those near the beach, are being replaced with luxury condominiums. Owners of units in buildings put up decades ago are discovering that regulations passed after the devastating collapse of a condominium tower in Surfside, FL, have made their properties targets for developers.” The bad news for these owners considering redevelopment is the condominium market is
still depressed as developers hoping to cash in after Surfside are not offering lucrative buyouts. Clearly this is a case where the land is worth far more than the structure on it.
The challenges confronting Florida community associations are structural, legal, financial, and perhaps most critically, human. In the wake of Surfside, the stakes of ineffective governance are no longer abstract; they are immediate, personal, and potentially fatal. Volunteer board members and professional managers are bearing enormous burdens with limited tools and little formal training. To move forward, communities must adopt a more resilient, professional model of governance that both protects residents and eases the overwhelming responsibilities currently placed on a few who are unpaid and laughably unappreciated.
Perhaps requiring all new board members to complete a mandatory orientation led by a licensed CAM, attorney, or engineer with topics that include fiduciary duties, reserve funding, structural risks, and current statutory obligations as well as incentivizing completion through recognition programs or state-supported training credits could help ameliorate this crisis. Additionally, boards could recruit owners with relevant professional backgrounds—engineering, finance, construction, law—to serve on nonvoting advisory committees. These groups could help provide technical input and bridge knowledge gaps, reducing decision paralysis as well as burnout among board members. Before conflicts escalate, boards may
consider their own in-house mediation channel for major disputes. Engaging such facilitators early might de-escalate fights and reduce litigation risk, preserving goodwill and fostering transparency.
Preserving the safety, dignity, and viability of Florida’s community associations requires more than just new rules. It requires honest conversations, better support for volunteer leaders, and a recognition that these associations are not just properties, they are people’s homes. Balancing the structural needs of buildings with the human needs of their residents is the defining governance challenge of our time. It is not just a crisis of buildings but of community. n
Photo by iStockphoto.com/Deagreez
FACES FACES
CLARK ROOFING
Clark Roofing, headquartered in Pompano Beach, has been proudly serving Southeast Florida since 1947. Under the leadership of principals Sabrina Thind and Philipp Malki, the company has become a trusted name in roofing built on decades of experience and dedication to excellence.
Founded on craftsmanship and reliability, Clark Roofing has provided consistent service to homeowners’ and community associations for more than 75 years.
The company specializes in a full range of roofing systems, including tile, shingle, flat, and metal, and is highly regarded for its repair expertise. This versatility allows Clark Roofing to meet the varied needs of Florida properties, from individual homes to large-scale community projects. Our business philosophy centers on honesty, professionalism, and quality workmanship— values that guide every project we undertake.
Working with community associations offers unique advantages, including the opportunity to enhance the safety and appearance of entire neighborhoods while developing long-standing professional relationships. However, such projects also present challenges, particularly when
balancing diverse homeowner expectations, navigating budgetary considerations, and coordinating with boards of directors.
One of the key points we encourage boards to understand is that roofing is a longterm investment requiring proper planning, quality materials, and skilled labor. Attempting to reduce costs by cutting corners may provide short-term savings but can result in significantly greater expenses in the future, especially in Florida’s demanding climate.
For further inquiries, Clark Roofing can be reached at 954-9601300 or by email at clark@clarkroofingflorida.com. n
Community Community
Florida Community Association Professionals (FCAP) primarily publishes the Florida Community Association Journal, the leading resource for Florida community association managers, service providers, and board members. Through our publication, we provide education, industry insights, and resources to support the professionals who serve Florida's community associations.
Contact us at 800-443-3422, info@fcapgroup.com , or www.fcapgroup.com for more information.
BOARD MEMBER TIPS, PART ONE
By Marcy Kravit, CMCA, AMS, PCAM, CFCAM, CSM
Senior Director of Community Association Relations—Developing Markets
Hotwire Communications
WHAT DOES IT MEAN TO BE ON THE BOARD?
You have made a commitment that you will serve the community interests to the best of your ability, be fair on matters that come before the board, do your best to preserve and enhance the values of the association common areas, and spend money wisely and in a prudent manner. Serving as a director also means that you have fiduciary duties, which require being objective and looking into and dealing with matters in a businesslike, prudent manner when making decisions.
WHO IS GOING TO TEACH YOU?
Hopefully you have several veterans on the board who will help you and, most importantly, your management team. Ideally you will have your licensed manager who works closely with the board, residents, vendors, and professionals and is serving to offer guidance. Continuity is one of a board’s greatest challenges. Ask questions. How have issues been handled in the past? Current boards should carefully take the time to review the operations and not change them impulsively. Take the time to become familiar with your association common areas, amenities, and facilities. Review the association’s governing documents; the state statues, rules, and regulations; and any other board policies and resolutions to develop a familiarity with them. (Keep a set handy for when specific questions arise.)
Make a commitment to attend all board meetings and prepare in advance by studying the agenda and all related materials. (Ask your manager questions…who, what, when, where, why, and how?)
Budget time offers an opportunity to help build a sound financial future for the community. The two basic parts of the budget are operating (deals with routine maintenance and day-to-day expenses) and reserves (long range, major repairs, capital improvements, and replacements). As a member of the budget or finance committee, you will be asked to forecast
future financial needs by using both past budget history and new information accumulated for future repairs. This is a good time to ensure the association has a current reserve study. Consult with the association’s CPA and management team accounting.
HOW MUCH DOES THE JOB PAY?
There is no monetary reward for serving; however, there are many personal rewards for a job well done. Dealing with people requires patience and flexibility. Remember that while disagreements are not always avoidable, you were elected to make objective, educated decisions. Carefully consider those decisions put before you, and do not place judgement or act impulsively. Do your homework. Research and consult with the professionals. If you serve as a committed member, it will be one of the more rewarding experiences that you will have.
THE BOARD’S JOB
Homeowners who serve on the association’s board of directors typically have good intentions and want to make a meaningful contribution. However, many new directors are often not sure what is expected of them, and many serve for their own self agendas. A board orientation and certification class will explain what directors are required to do,
Marcy L. Kravit
what they are allowed to do, and how to do it. Learn the following language:
Association—The organization that manages the community. It is usually a non-profit corporation.
Board of Directors—The policymaking body for the corporation. A group of elected owners who make policies and decisions for the association.
Directors—The individuals who are on the board.
Officers—The “executives” who carry out the policies set by the board: typically president, vice president, secretary, and treasurer. The distinction between officers and directors can be confusing, particularly since the directors serve as officers. On a board of three, usually all will be officers. On larger boards of around seven, three or four may be officers. All directors have the same voting rights when it comes to making policies. Officer positions are hierarchical while director positions are not.
Parliamentary Procedure—This is the recommended process for conducting business meetings and a way to ensure that everyone has an opportunity to voice their opinion. While Robert’s Rules of Order is often used, simply asking for comments and then requesting a formal motion (a vote on an issue) is an adequate and effective “parliamentary procedure.”
Board Meetings—These are the gatherings that the directors attend to discuss issues and make decisions. Legally owners are allowed to attend.
Annual Meeting—A meeting of all the owners that usually takes place once a year. Board members who attend annual meetings do so as individual owners. They have no extra authority or voting power (except to vote on proxies that have been assigned to the board to vote). Typically the president presides at annual meetings.
Proxy—A power of attorney granted by an owner to another person to vote at the annual meeting for elections and other business that may be brought before the owners.
CC&Rs (Covenant, Conditions, and Restrictions)— The generic term used for governing documents like the declaration, bylaws, resolutions, and other board policies.
WHAT IS THE BOARD REQUIRED TO DO?
Associations exist to protect the owners’ property values. The purpose of the owners’ assessments is to maintain the “common area” and to some extent regulate how individual property is utilized. The money is entrusted to the association to spend wisely. The board decides how to spend the association’s money in the best interests of the entire community. No personal agendas!
BECAUSE YOU ASKED
By Betsy Barbieux, CAM, CFCAM, CMCA
Betsy, At the board organizational meeting there is an agenda item to fill one vacant seat; two people have volunteered. Does the chair make the decision to appoint one of them? Would there be a separate motion to vote for one of them by the BOD? Can the BOD have a secret ballot to vote for one of them? Can the BOD go with the first person who stepped up to volunteer?
— Sandra
Sandra,
At the organizational meeting, a board member formally makes a motion; there is a second, and then there is a vote. If a vote fails, then a board member makes another motion, etc.
Unless there is specific direction in your bylaws that addresses this issue, there is no rule for which volunteer is nominated.
The organizational meeting is an open meeting with no secret voting except for officers’ election.
— Betsy
Betsy,
I have a question about reserves. I want to make sure I am correct before sending information back to my treasurer. Is the board able to collect more funds than what the SIRS report says to collect? For example, if the contribution from each unit is $1,000 a month, can the board vote to have each unit contribute $1,200 a month?
— Nikki
Nikki,
The statute says you are to collect the amounts reflected in the most recent SIRS findings. But the amount collected can be adjusted to consider inflation (or more than recommended). It doesn’t specifically say whether you can collect more. I would think the answer is “yes,” you can collect more, but
Continued on page 102 Continued on page 103
Betsy Barbieux
WHAT IS THE BOARD ALLOWED TO DO?
The board can do anything that is in the best interests of the entire community. (Notice the similarity between what is required and what is allowed!) Encouraging owners to attend meetings and participate is in the best interests of the community. So is using consultants, professionals, and experts about technical issues like engineering, construction, mechanical improvements, and financial planning.
What the board can do is much more flexible than what it’s required to do. The board is required to hire contractors to perform such tasks as landscaping, fence mending, and street maintenance.
HOW DOES THE BOARD REALIZE ITS OBJECTIVES?
Encouraging owner participation and improving communication is the best way to accomplish objectives. Owner participation creates effective communication. Most people do not like surprises and are skeptical about the motives for change. However, if owners understand the objectives and are given the opportunity to comment, there is an increased likelihood of their support.
IS THAT IT?
There are many other things that directors need to know and do. It is especially important to read the governing documents and state statues and refer to them when questions and issues arise. Organizing documents and other information like rules and regulations, site plans, member and vendor directories, newsletters, meeting minutes, and finan-
cial reports in a binder helps keep the details sorted out and readily available. Most importantly, utilize your manager and management team and be prepared!
Associations that hire a competent manager and other consultants will thrive and succeed. It is a team effort. Boards should act in an advisory capacity. They should not be managing the day-to-day operations. Particularly distasteful tasks like collections and rules enforcement are executed by the manager and make being a neighbor/director more palatable. You do not want the residents to get in the habit of going to you for requests. Direct them to management.
If you are on the board, remember the following: Directors who understand what they’re supposed to do, what they’re allowed to do, and how to achieve objectives will get the most accomplished and have fun doing it!
MINDING THE STORE FRONT
The board has a duty to preserve, protect, and enhance the association and its owners’ property. This is done in part by an architectural control board, which includes procedures, standards, and enforcement provisions. Without architectural controls, it is impossible to maintain common themes like compatible colors, designs, and materials throughout the community. Without them, the resulting chaos can degrade and impact property values for all owners.
The association is granted authority by its governing documents (CC&Rs) to establish and enforce architectural standards. The goal of effective architectural standards is to encourage compliance and not to harass and persecute violators. To achieve this, ongoing education as to the purpose, policy, and procedures of the architectural control program is essential. Some basic guidelines include the following:
1. The community appearance philosophy
2. Design criteria, material type, color, and brands, if applicable for things like decks, fences, awnings, and screen doors
3. The formal application, approval, and appeal process for architectural changes.
These provisions should not conflict with the governing documents but can provide control in areas in which the documents are silent.
The best means of enforcing the standards is to head off violations in the first place. Clear and reasonable standards and a fair, consistent, and timely approval and enforcement process are important preventive measures.
Enforcement must always be fair and consistent, never arbitrary, or capricious. Immediate enforcement action on violators is essential to avoid waiving the right to enforce. Should the association fail to enforce its architectural standards, it could lose control entirely. In some states, courts have ruled that there must be continuous enforcement. For example, permitting some owners to violate standards for deck size could render a standard concerning fences unenforceable and is considered selective enforcement. Consistency is key!
To ensure a successful architectural control program, keep communication lines open between the board and the owners. Distribute the architectural standards annually including a reminder that the program is a benefit, not a burden, to the community.
check with your SIRS expert for clarification.
— Betsy
Betsy,
I’ve got a question as to how/who can stop the estoppel that three of our board members are getting. We could be saving $650.00 per month.
— Melanie
Melanie,
I’m not sure of the question, and without looking at your documents, I can’t fully answer the question. But as far as an estoppel fee, there is a statutory estoppel fee of $299 for preparation and delivery of the estoppel.
The statute says that if a person is being paid to prepare the estoppel (like a CAM or management company), that person must have a CAM license. If a community volunteer (unpaid person) prepares the estoppel, the fee goes to the association. If your CAM/employee prepares the estoppel, the fee goes to the association. If your CAM/management company prepares the estoppel, the fee goes to the management company.
Most estoppel fees are not mentioned in the documents. The fee is set by statute.
— Betsy
Betsy,
We have an established, separate bank account, which is called a reserve account. Our documents state the following: The budget may include a capital contribution establishing a reserve fund in accordance with a capital budget separately prepared and shall list all common expenses.
The 2025 approved budget did not include a monthly or annual amount to be contributed to the so-called reserve account. Our prior treasurer told me that if, at the end of the year, there are funds available for the reserve account, with HOA BOD approval the approved amount could be moved to the reserve account.
— Teri
Teri,
The word “reserves” is a very particular statutory word for very particular capital items that will need replacement or deferred maintenance (rather than annual maintenance).
Reserves are required for condominiums and cooperatives. In an HOA the legislation is lenient and only mentions reserves in certain circumstances. These are the following four circumstances:
1. If the developer established reserves for the HOA, named the capital items to be reserved for, and created a separate bank account with monthly monies going into it, you have real statutory reserves.
2. If the developer did not establish reserves but the HOA membership voted to start the reserve bank account, named the capital items to be reserved for, and created a separate bank account with monthly monies going into it, you have real statutory reserves.
3. If a past board opened a savings account and is just putting money aside for future use, these are not statutory reserves. This is just a savings account for contingency or miscellaneous things that the board may want/need the monies for. This is not called reserves. It is a savings or miscellaneous account and is separate from your operating account.
4. The association does not have a savings or miscellaneous bank account; it only has an operating account.
In circumstances 1 and 2, there is no statutory disclaimer/warning on the year end financials.
In circumstances 3 and 4, there is one of the two statutory disclaimers/warnings that are to be placed on the year-end financials.
The wording in your HOA declaration for a capital contribution account starts with the word “may” (not mandatory) and includes the word “if” and does not jibe with any statutory language I am familiar with. Then it says the capital contribution account must list common expenses. Normally, common expenses are listed on the regular operating budget.
The HOA 2025 approved budget did not include a monthly or annual amount to be contributed to the so-called reserve account. I think the statutory statement about the voluntary deferred accounts should be on the financials, as follows:
THE BUDGET OF THE ASSOCIATION PROVIDES FOR LIMITED VOLUNTARY DEFERRED EXPENDITURE ACCOUNTS, INCLUDING CAPITAL EXPENDITURES AND DEFERRED MAINTENANCE, SUBJECT TO LIMITS ON FUNDING CONTAINED IN OUR GOVERNING DOCUMENTS. BECAUSE THE OWNERS HAVE NOT ELECTED TO PROVIDE FOR RESERVE ACCOUNTS UNDER SECTION 720.303(6), FLORIDA STATUTES, THESE FUNDS ARE NOT SUBJECT TO THE RESTRICTIONS ON USE OF SUCH FUNDS SET FORTH IN THAT STATUTE, NOR ARE RESERVES CALCULATED IN ACCORDANCE WITH THAT STATUTE. — Betsy n
Editor’s Note: FLCAJ would like to congratulate these three 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/
Campbell Property Management
Diamond Level Winner—Management Companies
(Winner 2025 and 11 previous RCA wins)
Founded in 1953, Campbell Property Management is South Florida’s highest-rated community association management company and one of the largest and most experienced, locally owned property management companies in South Florida. With seven fully staffed offices and more than 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 development, community websites, information technology, and landscape maintenance. Although very similar in purpose, every board has its own unique goals and objectives, so there is no one-size-fits-all solution. Campbell’s experienced team invests the
time and energy necessary to truly understand the needs of the community and board. They pride themselves on being responsive and providing customized solutions for their clients. They make a promise to the boards they serve: that Campbell will help them accomplish their goals and achieve the peace of mind they are seeking. Campbell guarantees satisfaction by giving their clients the right to cancel for any reason, at any time. The associations they serve have rewarded their performance with longstanding 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 CampbellPropertyManagement.com.
Hotwire Communications
Diamond Level Winner—Technology and Communications (Winner 2025 and eight previous RCA wins)
Founded in 2002 and headquartered in Fort Lauderdale, Hotwire Communications is a leading telecommunications provider specializing in fiber-based, community-wide technology solutions. With a focus on serving multi-unit and multidwelling communities like condominiums, municipalities, and senior-living communities, Hotwire has positioned itself as a trailblazer in the industry.
Hotwire was the first ISP in Florida to deploy an all-fiber network, introducing Fiber-to-the-Home technology and setting a new standard in connectivity. In 2006 the company further expanded its innovation by launching internet protocol television (IPTV) services, followed by the rollout of gigabit-speed internet in 2014, underscoring its commitment to pushing boundaries and exceeding customer expectations.
Today Hotwire Communications serves more than a half-million customers nationwide and is consistently recognized for its exceptional service. This year Hotwire earned the title of Best Gaming ISP in all the markets it serves from PCMag and was recognized for its advancements in AI Workforce Innovation from Cablefax. The company has also received multiple Stevie Awards for outstanding customer service, including Customer Service Team of the Year in a Recovery Situation for its exceptional response to Hurricane Ian.
With a focus on innovation and customer satisfaction, Hotwire Communications continues to provide reliable, high-performing telecommunications solutions.
For more information, visit hotwirecommunications.com
MAY Management Services Inc., founded in 1988, is renowned for providing first-rate association management services throughout Northeast Florida. Initially centered in Ponte Vedra Beach, MAY has expanded rapidly with bases of operation in St. Johns and the five surrounding counties to meet the demands of serving premier communities in the area.
MAY’s expertise with respect to association financials (e.g., budgeting, billing, expense control, and collections) and continued investments into internal accounting systems have allowed the company to rapidly expand without sacrificing client support, helping MAY become the leading management firm in the area.
MAY has expanded its service offerings to include providing continuing education courses for association board and committee members and establishing some of the first association architectural control programs in the market.
In 2021 Catie Marks entered the fold and joined MAY’s executive team as president. A lifetime of preparation suited her well, and she hit the ground running. The women-led team is not only passionate about the services they provide but understands the responsibilities and level of trust their clients bestow upon MAY. The entire MAY team feeds off of this and is committed to remaining one of the top firms in the business.
MAY celebrates its 37th year in 2025 and continues to expand. The firm remains steadfast in its commitment to providing premier association management services and unparalleled experiences for both board members and residents alike.
For more information on MAY Management, call 904-461-9708 or visit www.maymgt.com n
Devin & Associates
360 Central Avenue, Suite 800 Saint Petersburg, Florida 33701
727-290-2578
jjaram@devinandco.com devinandco.com
Cash Management and Lending Solutions for HOAs 305-577-6000 ext. 888 flcashmanagement@firstbankfla. com
1firstbank.com/fl
Popular Association Banking 7920 Miami Lakes Drive W. Miami Lakes, Florida 33016 800-233-7164
www.popularassociation banking.com Serving the community association industry exclusively.
Truist Association Services 12485 28th Street N St. Petersburg, FL 33716 727-549-1202 or 888-722-6669
www.Truist.com/ AssociationServices
N. Ponce de Leon Boulevard
LEGAL SERVICES
Dania S. Fernandez and Associates P.A.
13500 N. Kendall Drive, Suite 265 Miami, Florida 33186
305-254-4492
dania@dsfpa.com
daniafernandez.com
Gelfand & Arpe, P.A. 1555 Palm Beach Lakes Boulevard, Suite 1220 West Palm Beach, Florida 33401 561-655-6224
www.gelfandarpe.com
(954) 486-7774
Info@KatzmanChandler.com
www.KatzmanChandler.com
PeytonBolin
3343 West Commercial Boulevard, Suite 100 Fort Lauderdale, FL 33309
