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Snowbirds, Florida Welcomes Your Return
Welcome Back, Snowbirds! Guide to a Smooth Seasonal Return
Overcoming Customer Service Challenges in Gate and Access Control
Aluminum Flood Barrier Systems for Commercial Businesses
The Three Pillars of Building Safety: Maintenance, Inspections, and Reserve Studies
Ten Tips on How to Avoid Being an Ineffective HOA Board Member
How HOAs Can Make the Snowbird Transition Seamless Every Season
FCAP Community CAM Matters—Betsy Barbieux
Financial, Legal, and Management Services Directories
Products and Services Directory
Display Advertisers’ Index
How Budget Insurance Could Transform the Community Association Industry
The Dos and Don’ts of Milestone Inspections
Rembaum’s Association Roundup The Pre-Suit Mediation Process Friend or Foe?
Avoid Insurance Surprises and Hazardous Living Conditions
Journal Notes
Have you noticed that the streets are filled with more out-of-state license plates, restaurants are requiring a longer wait time to get a table, and the beach is even more crowded? The return of many of the snowbirds who want to enjoy some relaxation in the sun and in their communities has commenced. They will give a boost to the local economy and keep the social committees hopping. Welcome home, snowbirds! It’s great to have you back.
Turn to page 8 to read “Snowbirds, Florida Welcomes Your Return.” The service providers have taken time to highlight important legislation that passed over the summer that will lead to operational and financial changes in many condominium and cooperative associations. Furthermore, they provide practical advice on the steps to take to make sure owners’ units, environs, and furnishings are in tip-top shape.
On page 34 Mary Ann Chandler with Katzman Chandler points out that financial instability caused by unpaid assessments can be brought under control through budget insurance. She describes, “Budget insurance…insur[es] the receivables portion of the budget. If owners fail to pay their assessments, the insurer steps in to cover the shortfall…” Read the entire article and reach out to them with your questions.
Flip to page 38 to read the article by Michael Dermody, Esq., with Becker. He provides boards of directors with several dos and don’ts when the association is undergoing its milestone inspection. He lays out the number of requirements involving timing, deadlines, hiring of appropriate professionals, notices to owners, and costs.
On page 44 Jeffrey Rembaum, Esq., with Kaye Bender Rembaum writes about the pre-suit mediation process for HOAs, condominiums, and co-ops. He lays out the steps in the mediation process as well as the penalties for failing to respond to a pre-suit mediation demand.
Other articles in this issue deal with customer service challenges in gate and access control, flood barrier systems, three pillars of building safety, ten tips for how to avoid being an ineffective HOA board member, the steps to take to make the snowbird transition seamless, and what it takes to change a light bulb.
FLCAJ wishes you a wonderful fall and safe travels back to Florida.
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CORAL GABLES!
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S Snowbirds, Florida Welcomes Your Return
Editor’s Note: There have been several important changes that have taken place during the summer of 2025. Though the advice from the multiple service providers is kept brief here, there are many important lessons to learn and actions to take.
NOWBIRD ROOFING BEST PRACTICE: DON’T LEAVE YOUR ROOF UNATTENDED BY
JENNIFER RICHARDS
If you’re heading north for the summer, your roof will still face Florida’s intense heat, humidity, and storms. The best way to protect your investment while you’re away is to schedule a professional roof inspection before you leave and again when you return.
A qualified contractor can spot lifted shingles, cracked tiles, clogged drains, or sealant failures that might lead to leaks during heavy rains or hurricanes. For community associations, routine inspections help maintain property
Photo by iStockphoto.com/krblokhin
values, extend roof life, and prevent emergency repairs that could disrupt residents. Request a written report with photos so your board can make proactive decisions even if you’re out of state.
A little preparation now can prevent costly surprises later. Partner with a licensed, insured roofing professional who understands Florida’s unique climate and HOA/COA requirements.
Jennifer Richards is CEO of All Area Roofing & Construction, Inc.—Official Small Business Partner of the Miami Dolphins. For more information, call 772-4646800 or visit AllAreaRoofingInc. com
A SNOWBIRD’S CHECKLIST FOR A STRESS-FREE RETURN
BY ANA RIVERO
A smooth seasonal return starts with preparation—both for residents and their associations. Before arrival snowbirds should coordinate with management to confirm gate access, parking decals, and updated contact details. Upon arrival inspect the unit for leaks, electrical issues, or pest activity that may have developed during the summer. Run plumbing fixtures to clear stagnant water, and service the
HVAC system to ensure optimal performance in Florida’s humidity. Associations can help by providing a seasonal checklist outlining recent community upgrades, amenity hours, and policy changes. Encourage residents to schedule maintenance or deliveries early to avoid peak-season demand. Finally, review hurricane-preparedness measures— storm season isn’t over until November—and ensure shutters, insurance, and emergency plans are current. A little planning goes a long way in creating a stress-free welcome back for our valued seasonal residents.
Ana Rivero is the president and business development coordinator at Allied Property Group. Call 305-232-1579 or visit www.alliedpropertygroup.net for more information.
CONSULT WITH YOUR LEGAL COUNSEL
BY VLADIMIR G. DIAZ
Welcome back to the Sunshine State! During your absence the Florida legislature has been actively passing new legislation concerning condominium and homeowners’ association regulations. These newly enacted laws took effect on July 1, 2025. At this time it is crucial to consult with your legal counsel to thoroughly understand these changes and how they may impact your community. Familiarizing yourself with the new regulations will help ensure compliance and allow you to address any necessary adjustments proactively.
For more information about America’s Community Management, call 833-628-8288 or visit www.americascommunitymgmt.com.
THE CRUCIAL NEED TO UPDATE YOUR FLORIDA SIRS POST-HB 913
BY WILL SIMONS, RS, EBP
Florida’s House Bill 913 has yet again reshaped condominium and cooperative association responsibilities,
making regular structural integrity reserve study (SIRS) updates more critical than ever. It’s no longer enough to simply have an initial study; continuous review is paramount.
Properties naturally age, and the condition of roofs, structural elements, and critical systems evolve. Construction costs and material prices fluctuate significantly. An outdated SIRS provides a false sense of security, leading to underfunded reserves and the inevitable burden of large special assessments.
HB 913 mandates that associations subject to SIRS requirements cannot waive or reduce funding for these critical components for budgets adopted after December 31, 2024. This makes an accurate, up-to-date SIRS the foundation of compliant and responsible financial planning. Regular updates ensure your association’s budget reflects true future needs, protects unit owners from unexpected financial shocks, and safeguards the long-term safety and value of your community.
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, call 954-210-7925, email wsimons@ reservestudy.com, or visit www.ReserveStudy.com
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WELCOME BACK! BEST PRACTICES FOR REVIEWING YOUR INSURANCE COVERAGE
BY JAKE HEBDA
As you return to your Florida condominium, it’s an ideal time to review your insurance coverage and to stay informed and educated about your association’s master policy. A clear understanding of the insuring responsibilities between the condominium association and the individual unit owners is essential to avoid surprises. The association’s master policy typically provides coverage for the building’s exterior, shared structures, and common elements. However, unit owners are generally responsible for their unit’s interior and personal belongings—commonly addressed through an HO-6 (condominium unit owner’s) policy.
It’s also critical to pay close attention to and understand deductibles. In Florida, hurricane deductibles can be significant and may be assessed to unit owners in the event of a large claim. Reviewing your policy limits, exclusions, and loss assessment coverage can help mitigate unexpected financial exposure. Knowing your responsibility ahead of time helps you plan and protect your home.
Take a moment to reconnect with your property manager or board for updates and consult with your insurance agent to best understand your insurance coverage.
Jake Hebda is risk advisor with Atlas Insurance. For more information email jhebda@atlasinsuranceagency.com, call 941-552-4122, or visit www.atlasinsuranceagency.com
ENSURE A SMOOTH RETURN
BY JOSEPH MARKOVICH, ESQ.
Before heading back to your Florida community, snowbirds should take a few proactive steps to ensure a smooth return. Begin by reviewing your association’s declaration of covenants, bylaws, and rules—there may have been updates while you were away. Double check that your assessment payments are up to date, and check for any special assessments approved while you were away. Let association management know your return date and update your contact information. Arrange to have important association communications forwarded, and name a trusted local contact who can act on your behalf if
needed. Schedule a property inspection and take care of any maintenance or repairs before you arrive. Make sure you are meeting hurricane or storm preparation requirements, and confirm that your utilities will be active when you return. By planning ahead, you will minimize surprises, stay compliant with association rules, and set yourself up for a relaxing, worry-free winter season.
Joseph Markovic is attorney at law for Becker. For more information, call 239-628-4917, email jmarkovich@beckerlawyers.com, or visit beckerlawyers.com.
FAILED ROOF INSPECTIONS ARE CAUSING POLICY HIKES—ARE YOU AT RISK?
BY BEST ROOFING
Insurance carriers are tightening roof standards, and failed inspections are leading to premium increases, coverage issues, and even policy cancellations. For CAMs and property managers, year-round inspection readiness is critical.
How to Prepare:
• Use hurricane-rated materials like metal, tile, or high-wind asphalt shingles.
• Favor hip roofs over gables, with a 30-degree pitch for optimal wind resistance.
• Reinforce roof-to-wall connections with straps, clips, and fasteners that exceed code.
• Seal vents, skylights, and ridge caps to prevent water intrusion.
• Schedule regular inspections to identify issues before carriers do.
Bottom Line: Most inspection failures are preventable. Proactive upgrades can lower premiums, reduce claims, and keep properties compliant.
For more information, call 888-423-2730, or schedule a free online inspection at info.bestroofing.com/fcap.
EDUCATIONAL REQUIREMENTS FOR HOA AND CONDOMINIUM BOARD MEMBERS UPDATED
BY ASHLEY DIETZ
While you were away, Florida enacted new legislation that significantly impacts community associations. One of the most
important changes is the updated educational requirement for HOA and condominium board members.
New Educational Requirements for HOA Board Members
HOA board members newly elected or appointed after July 1, 2024, must complete a certification course within 90 days of election or appointment. HOA board members appointed or elected prior to July 1, 2024, must complete a certification course within four years if the board member serves on the board without interruption during the four-year period. The certification is valid for four years if serving on the HOA board continuously.
HOA board members from associations with less than 2,500 parcels must complete four hours of continuing education each year, while those from associations with more than 2,500 parcels must complete eight hours of continuing education annually.
All HOA board members, regardless of election or appointment date, may count their board member certification course toward the completion of their continuing education requirement once every four years.
New Educational Requirements for Condominium Board Members
Condominium board members newly elected or appointed after July 1, 2024, must complete a four-hour board certification course within 90 days of election or
appointment. Condominium board members appointed or elected prior to July 1, 2024, had to complete a four-hour certification course by June 30, 2025. The certification is valid for seven years if serving continuously.
Condominium board members must also sign a certification stating that they have read the association’s governing documents.
Condominium board members must also complete one hour of legal continuing education annually.
If you are in need of a board certification course, continuing education course, or additional free education, please visit campbellevents.org to find a variety of free webinars and courses.
Ashley Dietz is vice president of marketing at Campbell Property Management. For more information, call 954-4278770, email contact@CampbellPropertyManagement.com, or visit www.campbellpropertymanagement.com.
YOUR HOME AWAY FROM HOME
BY GABRIELLA BIANCHINI
Florida’s Roofing Partner for Communities and HOAs
Welcome back to your home away from home! We are happy and excited to have you back in the Sunshine State. Snowbird season is here, and now dinner reservations need
to be made everywhere! The main Florida snowbird season usually kicks off in October and has an influx of residents into the new year.
First, inform the homeowners’ association and management of your return to the property. Review and update all emergency action plans for your condominium.
Reinstate all your monthly subscriptions. Ask for a copy of the latest and greatest condominium rules, regulations, and bylaws to see if any changes or updates have been made to the standard. Being knowledgeable of the regulations and condominium codes will help minimize any unintentional and possible violations.
Inspect your condominium building for any maintenance issues, such as, but not limited to, leaks, structural damage, cracks in the concrete, falling concrete, visible rust spots on the building, etc. These are all indicators that a certified and licensed Florida state engineer needs to be hired for a building inspection.
If you have any concrete restoration projects that become apparent, contact Carousel Development & Restoration, Inc., a professional, Florida state licensed, bonded and insured, locally owned contractor since 1979. We would love to share our knowledge and years of cultivated experience with you in the concrete industry to
help you navigate future restoration projects. “We are committed to making Florida beautiful and safe,” says owner, Michael Bianchini.
Lastly, reconnect with neighbors and old friends. Stay vigilant and timely with your board meetings and agendas. Ask about important upcoming decisions and voice any concerns. May your participation as a condominium member guide you into the future journey of a successful season!
For more insight regarding Carousel Development & Restoration Inc. and their philosophies, please call 561-2723700. Emails are greatly welcomed at CDRI@info.net, or visit our website can at www.cdri.net
MAKE YOUR TRANSITION SEAMLESS, SNOWBIRDS
BY ELSY SILVESTRE
As you return to your Florida community after a season away, a little preparation can make your transition seamless.
Begin by scheduling a walk-through of your residence to check for
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any signs of water intrusion, pest activity, or mechanical issues that may have occurred during your absence.
Prioritize servicing air conditioning units and ensuring thermostats are set correctly to maintain comfort and efficiency.
Review and update contact information with your community association so you’re promptly informed of any community updates or emergencies.
Take time to reacquaint yourself with community policies, seasonal event calendars, and any new amenities introduced during your time away.
With these proactive steps, you’ll enjoy a worry-free return and make the most of your winter season in the community.
To learn more about how Castle Group can serve your community, request a proposal at www.castlegroup.com/ request-a-proposal
ARE YOU READY TO JUMP INTO BUDGET SEASON?
BY JENNIFER OLSON
We hope you enjoyed your time up north and are ready to jump into budget season!
This is the time to look upon your association with fresh eyes. Every item in your budget should be reviewed for potential changes. Price increases are everywhere, and your association will not be exempt from these increases. Set up times to meet with your business partners to review any contracts and potential changes that may be coming in 2026.
This is a good time to review any changes to services that may be needed. Perhaps there are items on your budget that are no longer needed by the association, and new items may need to be added. It is a great time to check your association financial health. Do you need extended FDIC insurance coverage? Is there a special assessment coming? Reviewing these items now will make the new year easier to manage.
Jennifer Olson is vice president, association banking operations director for Centennial Bank. For more information, call 561-209-7166, email Jolson@my100bank. com, or visit www.my100bank.com/association-banking.
SNOWBIRD SEASON READINESS
BY SEAN FRIEND
As our snowbird residents make their annual return to the warm Sunshine State, HOAs get busier
than ever. To help your community stay efficient and stress-free, here are three timely best practices to keep your community running smoothly during this time of year.
Safeguard Your Budget—Rising costs for insurance, maintenance, and repairs mean an emergency line of credit is more important than ever. This simple step ensures your association can act quickly when unexpected needs arise.
Prioritize Cybersecurity—With more transactions and communications happening online, protect your board’s accounts and sensitive data. Choosing a banking partner with advanced digital tools and robust security measures is essential to protecting your association.
Partner with the Pros—Financial institutions experienced in association banking can help streamline your operations. Cogent Bank’s dedicated community association team delivers tailored solutions and exceptional service to meet your needs throughout this busy season.
Sean Friend is senior vice president, commercial relationship manager for Cogent Bank. For more information, call 866-343-0721 or visit cogentbank.com
SECURITY TIPS FOR HOMEOWNERS RETURNING TO A SECOND HOME
BY NATHAN VARN
Returning to your second home in Florida can feel bright and blissful, but ensuring its security after being away is crucial. Here are security tips to help safeguard your property and provide peace of mind:
Conduct a Thorough Inspection
Inspect your property for signs of damage, checking that doors, windows, fences, and other access points are properly intact.
Review Your Personal Security System
If your home is equipped with a security system, test it upon returning. Make sure cameras, alarms, or other sensors are functioning properly.
Check Your Community’s Security Methods
Review community security measures in place or new to your association. This may include updating your guest list (especially if a new gate system has been installed), providing your current contact information, or obtaining new access credentials for gates and doors.
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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.
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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.
These examples of security tips will help you get started with ensuring your property is safe and secure. Nathan Varn is the SVP of sales at Envera Systems, a security software and technology company. For more information, visit enverasystems.com.
BOTH RESERVE STUDIES ARE NECESSARY
BY ANASTASIA KOLODZIK
With the passage of HB 913, Florida law now requires condominium associations to maintain a structural integrity reserve study (SIRS) and to update it annually if the reserve budget for structural items changes. While the SIRS focuses solely on critical structural components—such as roofs, waterproofing, plumbing, and electrical systems—it does not account for other significant common area elements like pools, elevators, paving, or clubhouse amenities.
This is where a traditional reserve study becomes essential. It fills the funding gaps by identifying and planning for all other capital components not included
associations may find themselves underfunded for vital but non-SIRS items, leading to special assessments and financial strain.
Combining both studies ensures comprehensive long-term planning, statutory compliance, and financial stability. Relying on the SIRS alone leaves too much out. For full protection, both studies are necessary.
Anastasia Kolodzik is president of Expert Reserve Services. For more information, call 386-677-8886, email expertprofessionalservicefl@gmail.com, or visit www. expertservices.com
ENSURING A SMOOTH RETURN FOR SNOWBIRDS WITH PREMIER CONNECTIVITY
BY JOSE EGUEZ
Seasonal residents returning to sunny Florida can rely on cuttingedge technology like fiber-to-the-unit (FTTU) for the best CATV and broadband internet experience. At Fibernow we understand the importance of staying connected. Our FTTU infrastructure delivers unparalleled speed and reliability perfect for streaming, video calls, and
Consider the advantage of a “double bulk” service, ensuring a baseline internet connection remains active year-round. This allows remote access to thermostats and security cameras, providing peace of mind while you’re away. Plus, our seasonal plans allow you to pause retail add-ons with no charge while you’re away with no reactivation fees upon your return! Fibernow offers high availability and concierge customer service with a dedicated community account manager. Whether you need a refresher or reactivation support, our team and on-site technicians are ready to assist. Welcome home to seamless connectivity.
Jose Eguez, Sr., is sales engineer at Fibernow. For more information, call 800-920-7701, email sales@fibernow.com, or visit www.fibernow.com.
TAKE CARE OF YOUR UNIT
BY JUSTIN SMITH AND JONATHAN GOLDSTEIN
While some owners may reside in their condominium units seasonally, it is always important for them to
sight, out of mind” approach puts the owner, unit, and association at risk. An association board’s rule-making authority is an important tool to ensure vacant units are maintained and reduce the association’s risks for damage to the common elements and potential uninsured losses. In the case of an extended vacancy, it is not uncommon for rules to require that owners provide prior notice of the vacancy, maintain a minimum thermostat temperature, designate a person to regularly inspect the unit, and shut off the water supply. The foregoing examples are reasonably intended to reduce the spread of water, mold, or other damage from a unit to the common elements due to delayed reporting. Delayed reporting puts an association at risk of an uninsured loss for failure to timely report.
Unit owner noncompliance not only puts them at risk of adverse enforcement measures but also for liability for damages, including an adverse allocation of responsibility for losses from insurable events pursuant to Section 718.111 (11)(j), Fla. Stat. This statute states that noncompliance with the Declaration or rules by an owner, the members of their family, unit occupants, tenants, guests, or invitees can leave the
It is extremely important for any owner to understand and comply with their maintenance obligations to ensure they are returning to their unit in the same or better condition than they left it at the end of last season.
Justin Smith is senior associate and Jonathan Goldstein is equity partner at Haber Law. For more information, call 305-379-2400 or visit www.haber.law
BE PREPARED AND STAY AHEAD: SMART INFRASTRUCTURE MANAGEMENT FOR SNOWBIRD COMMUNITIES
BY JACOB CROWE
Welcome back to Florida! Seasonal communities face unique infrastructure challenges that require both emergency preparedness and proactive management strategies. When emergencies strike during peak occupancy, rapid response becomes critical. Hinterland Group’s 24/7 emergency services ensure sewer backups,
stormwater failures, and water line breaks are addressed immediately using advanced trenchless technologies like CIPP rehabilitation and sprayapplied geopolymer repairs.
However, smart communities are shifting from reactive repairs to proactive maintenance. Our PRIME maintenance program provides year-round infrastructure monitoring, preventing issues before they become costly emergencies. Regular video inspections and scheduled maintenance keep systems operating efficiently while you’re away.
Our environmentally friendly trenchless solutions rehabilitate aging infrastructure without disrupting community aesthetics or resident comfort. This approach extends pipe life by decades, reduces long-term costs, and prevents unexpected special assessments.
Partner with Hinterland Group for comprehensive emergency response and proactive maintenance solutions across FL, GA, AL, LA, TX, TN, SC, NC, and VA. Protect your investment and ensure uninterrupted enjoyment of your Florida lifestyle.
Jacob Crowe is vice president of trenchless technologies and business development at Hinterland Group. For more information, call 561-640-3503, email jcrowe@hinterland group.com, or visit www.hinterlandgroup.com
SNOWBIRDS RECONNECT: YOUR TECH TUNE-UP STARTS HERE!
BY MARCY KRAVIT, CMCA, AMS, PCAM, CFCAM, CSM
Welcome back to your Florida home! As you settle in for the season, take a few moments to ensure your technology is ready to keep you connected. Follow these quick tech tips:
• Refresh Your Setup—Review your TV guide, Wi-Fi settings, and smart home devices to make sure everything is working smoothly.
• Check Your Network—Test your internet speeds and Wi-Fi coverage for optimal performance.
• Access Your Account—Use your provider’s online portal to manage services, troubleshoot, and stay informed.
• Know Your Support Options—Familiarize yourself with your provider’s customer support if needed.
• Stay Informed—Explore community channels or apps for local updates and events. Let Hotwire be your trusted technology partner
this season, powering your return with connection, care, and confidence. Welcome home!
Marcy Kravit, CMCA, AMS, PCAM, CFCAM, CSM is senior director of community associations–developing markets for Hotwire Communications. For more information, visit www.hotwirecommunications.com
REVISIONS TO THE CONDOMINIUM RESERVE LAWS
BY SUNDEEP JAY, RS, PRA
Welcome back, board members! This year there were further revisions to the existing condominium reserve laws that came into effect on July 1, 2025. First, the deadline to complete the SIRS report is now December 31, 2025. Next, board members no longer need a vote from the membership to switch from the straight-line method to the pooling of funds method and vice versa. Boards, through a majority vote of the membership, may pause or reduce the funding of the SIRS report for a period of two years for milestone-related repairs/restoration. An updated SIRS report must be ordered to continue future SIRS funding if the association pauses and/or reduces the funding of
the SIRS during the two-year milestone repair/ restoration project. Lastly, the State has clarified the three stories or higher to three “habitable” stories or higher. Please consult your association’s legal counsel for an in-depth understanding of the new changes that took effect July 1, 2025.
Sundeep Jay is senior reserve specialist and professional reserve analyst at J..R. Frazer. For more information, call 561-488-3012, email JRFrazerENT@aol.com, or visit www. JRfrazer.com.
SNOWBIRDS, IT’S TIME TO GET YOUR HOMES READY
BY ZULY MARIBONA
Welcome back, snowbirds! We’ve missed you, and it’s time to kick off your winter season with a bang! As you return to Florida, let’s make sure your home is ready for your return. Here’s how to get started:
• Check HVAC & Thermostat—Make sure your system is working properly; consider a smart thermostat for convenience.
• Schedule Maintenance—Have a professional inspect and service your unit.
• Turn on Main Water Supply—Open faucets and check refrigerator/dishwasher lines for leaks.
• Walk Through Your Home—Look for signs of pests, mold, or damage.
• Flush & Reset—Flush toilets, run faucets, and reset your water heater.
• Test Safety Systems— Test smoke detectors, carbon monoxide detectors, and the security system.
• Reconnect—Let your community management team, friends, and neighbors know you’re back. By following these important steps, you can start to enjoy all the fun and relaxation you deserve.
Zuly Maribona is senior vice president of KW PROPERTY MANAGEMENT & CONSULTING. For more information, call 239-495-3428, email zmaribona@ kwpmc.com, or visit www.kwpmc.com
ENSURE A SMOOTH RETURN
BY KEVIN CARROLL
Welcome back to sunny Florida! Your property management company is glad to have you back for another enjoyable winter season. Here’s a checklist to ensure a smooth return upon arrival. Inspect your
home, and ensure windows and doors are secure and undamaged. Test appliances and HVAC to ensure they’re working after being idle. Check plumbing for any signs of damage. Test your irrigation system to be sure there are no leaks or broken sprinklers. Look for any storm debris or tree damage from any recent storms. Florida is a breeding ground for all sorts of pests during hot and humid months. Therefore, a pest inspection can help you curb any problem areas. Always reach out to your property management office to be sure your current contact details are on file. Finally, enjoy what your local community has to offer with possible new shops, restaurants, and community events. At Lang Management we’ve proudly supported our clients for 45 years, providing expert guidance and making a lasting impact. Their continued trust is a testament to the value we bring.
Kevin Carroll is president of Lang Management. To learn how Lang can help your association and community, please call 561-750-8800 or visit www.langmgmt.com.
NEW VOTING PROCEDURE
BY KEITH F. BACKER, ESQ.
Section 718.112, Fla. Stat., was amended to allow unit owners in condominium associations who have not
implemented electronic voting to return their ballots via electronic mail. Below are the requirements to implement this new voting procedure:
1. Only those condominiums which have not implemented electronic voting may use the email balloting procedures. If your community uses electronic voting, this new law does not apply to you, and your owners’ options are to either vote via electronic voting or deliver a written ballot in the requisite envelopes mandated by the prior law.
2. The board must approve a specific email address to receive emailed ballots.
3. The emailed ballots must clearly include the unit number, the owner’s full name, and a capitalized statement (the text is in the statute).
4. The emailed ballots must arrive by the official deadline and time for ballot submission.
When preparing your second notice package, those who are preparing your materials should evaluate whether this new law applies to your condominium and, if so, prepare the materials required to implement the law.
Keith Backer is partner at Poliakoff Backer. For more information, call 800-251-3562, email kbacker@pbattorneys. com, or visit www.pbattorneys.com
HOW TO USE TECHNOLOGY TO KEEP YOUR SEASONAL RESIDENTS ENGAGED AND UPDATED
BY CAMILLE MOORE
Seasonal residents may spend only part of the year in your community, but staying connected with them year-round builds trust, satisfaction, and a sense of belonging. Technology makes this easier than ever.
Start by using email newsletters to share community updates, upcoming events, and policy changes. A resident portal or mobile app can give them 24/7 access to important documents, payment options, and maintenance requests. Social media groups or community forums help foster relationships between seasonal and full-time residents.
Consider sending personalized push notifications or text alerts for time-sensitive information, such as weather advisories or service changes. Virtual events such as live-streamed meetings or online Q&A sessions also keep seasonal residents involved from afar.
By combining convenience, personalization, and consistency, technology ensures that seasonal residents feel informed, valued, and connected no matter where they are. This ongoing engagement can strengthen community ties and improve overall resident satisfaction.
Camille Moore is a creative content writer for RealManage. For more information, visit www.RealManage.com.
PRESERVING THE VALUE OF YOUR WINTER HOME
BY MATT KUISLE
aren’t just a capital planning tool—they play a direct role in influencing the property value of your winter home.
Amenities and infrastructure that are properly maintained make condominium and HOA units more attractive to potential buyers, and reserve studies help ensure that communities have funds available to keep the property functional and marketable. Without adequate reserves, the need to defer maintenance can arise, leading to a less appealing property that may not be eligible for lending. If potential buyers are unable to secure loans due to an association’s inadequate reserve funds, property values will ultimately fall.
Communities that prioritize regular reserve studies and maintain adequate funding will always make potential buyers feel more confident in putting their best offer forward. In today’s real estate landscape, a proactive approach to reserve funding is not just a best practice—it’s a competitive advantage.
Matt Kuisle is the Southeast regional executive director of Reserve Advisors. For more information, call 800-9809881 or visit www.reserveadvisors.com.
COMMUNICATION TIPS FOR SNOWBIRD SEASON
BY MARIA MILLER
As snowbirds return to their winter homes, now is the time for boards to set clear expectations and communicate major updates and events. The following are some communication strategies to help snowbirds reconnect with their community, understand maintenance expectations, and adjust to any community changes:
Welcome-Back Messages—Send a short welcomeback message through email, newsletter, door notice, or community portal to keep returning residents included and engaged.
Reminder of Crucial Information—When sending a welcome-back packet or online update, include a reminder of significant changes that took place during the off season, including updated policies, new amenity schedules, or ongoing maintenance projects or expectations. With a reminder, you can minimize confusion and prevent frustration.
Reserve studies are integral to the health and sustainability of any community association. Still, they
Community Engagement—Finally, use communication to build community engagement. Promoting social gatherings, volunteer opportunities, or board meetings encourages seasonal residents to reconnect with the community and strengthens connections among neighbors.
By leading with timely, transparent communication, boards create a welcoming environment that benefits both part-time and year-round residents alike.
Maria Miller is the division president of Sentry Management Kissimmee. She has nine years of experience in community association management. For more information on Sentry Management, please visit sentrymgt.com.
TRASH LINE TIPS
BY JOANNA RIBNER
Trash line repairs can be expensive, so prevent issues before they start.
Control the Items—Only bagged kitchen/bathroom waste should be put down the trash line. Do not put heavy items like renovation debris, glass bottles, and metal items into the chute. Those can cause permanent damage.
Walk Boxes Down—Do not put carboard boxes down the trash tube. Even if they are broken down, they often expand, causing blockages. Walk any cardboard debris down to the dumpster room.
Monitor Your Vendors—Vendors, whether hired by
unit owners or the building, should be told that the trash line cannot be used to dispose of their debris. Things like old tiles, used paint cans, drywall, etc. can cause serious and expensive damage to the trash line.
These simple tips will keep maintenance fees down and your trash line flowing freely.
Joanna Ribner is a project coordinator for Southern Chute. For more information visit www.SouthernChute.com
FROM SNOW TO SUNSHINE: A SMOOTH RETURN GUIDE
BY RAJ BATERINA
Welcome back to sunny Florida! As you settle into your home, take a moment to ease into the season and reconnect with the people and places you’ve missed. Start by checking in with your community association to confirm your contact information is current and to review any new rules, policies, or updates. Give your property a quick inspection to ensure everything is in good shape after your time away. Visit your association’s website to catch up on recent announcements, read the minutes from any board meetings you missed, and stay
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informed about upcoming projects or events. Notify your bank, credit card companies, and other important institutions of your return to avoid unnecessary fraud alerts or account holds. Remove any mail forwarding or delivery holds so your correspondence and packages arrive without delay. Then, get back into the Florida rhythm, join a community event, catch up with neighbors, and soak in the warmth that makes this your home away from home.
Raj Baterina is admin/ marketing assistant at Vesta Property Services. For more information, visit www. VestaPropertyServices.com
SNOWBIRDS: BEST PRACTICES FOR YOUR RETURN TO FLORIDA TIPS FOR A SMOOTH SEASONAL TRANSITION
BY LISA ELKAN, EBP®
As fall approaches, many snowbirds prepare for their return to sunny Florida. To ensure a seamless transition, it’s important to follow a few best practices:
Board members have a fiduciary duty to safeguard association finances. One way to do this is to ensure all deposits are fully covered by FDIC insurance. Utilizing banks that offer ICS and CDARS through the IntraFi Network can provide added peace of mind.
Before heading south, review and update your mailing address, phone number, and email with your association, management company, and banks to prevent missed communications.
Upon arrival, check in with your property manager and board members for the latest updates on
community rules, ongoing or new renovations, and assessments.
Stay informed throughout the season by reading all board communications and participating in meetings, whether virtually or in person. These small steps help safeguard your community’s interests and ensure a smooth, enjoyable return to your Florida home.
Lisa Elkan is a vice president for the Greater South Florida Region for Western Alliance Bank. For more information, call 561-212-2091 or email lelkan@westernalliancebank.com. n
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Your Guide to a Smooth Seasonal Return
BY NICOLE ARIAS
A Welcome Back, Snowbirds!
s the temperatures drop up north and the sun continues to shine here, we warmly welcome back our snowbird residents. After months away, returning to your seasonal home is an exciting time, but it requires some preparation to ensure a seamless transition. From refreshing your home to reconnecting with the community, here’s how to settle back in with ease.
The first step upon arrival should be a thorough inspection of your home. After the property has been sitting vacant for months, it’s important to check for any signs of damage, leaks, or pest activity. Turn on the air conditioning, test the plumbing, and make sure all appliances are functioning
Photo by iStockphoto.com/Ajax9
properly. If utilities such as water, electricity, or internet services were paused during your time away, be sure to have them restored before fully settling in. Don’t forget to check smoke detectors and security systems to ensure your home remains a safe haven.
Once your home is back in order, take some time to reconnect with neighbors and the community. A friendly chat with familiar faces is a great way to catch up on neighborhood news and learn about any changes that may have taken place in your absence. Many communities host welcome-back events, association meetings, or seasonal gatherings—an ideal opportunity to re-engage with old friends and make new ones. Additionally, be sure to review any updates from the HOA, including new rules, landscaping schedules, or facility maintenance changes that may affect you.
Staying secure is equally important when returning for the season. Unfortunately, scammers often target seasonal
NICOLE ARLAS, SENIOR COMMUNITY ASSOCIATION MANAGER, LELAND MANAGEMENT
call 888-465-0346 or visit www. lelandmanagement.com.
residents, so it’s wise to remain vigilant. Be wary of unsolicited phone calls, mail, or emails that request personal or financial information. Checking your bank statements for any suspicious activity and reviewing local fraud alerts can help prevent any unpleasant surprises. It’s also a good idea to familiarize yourself with emergency contacts and evacuation routes and to restock any emergency kits you may have.
For those who left their vehicles parked for the summer, a quick inspection can prevent unexpected breakdowns. Check the battery, tire pressure, and fluid levels before hitting the road. If necessary, update your vehicle registration and insurance to ensure everything is in order.
Now that the essentials are covered, it’s time to enjoy all that your seasonal home has to offer. Take a stroll around the community to see what’s new—perhaps a new restaurant has opened, or a favorite shop has been renovated. Many communities offer a variety of activities, from golf and pickleball to social clubs and entertainment, making it easy to dive back into the lifestyle you love.
Returning for the season is a moment to be celebrated, and with a little preparation you can ensure a smooth and stress-free transition. Welcome home! n
Nicole Arias is senior community association manager at Leland Management and general manager at Spruce Creek. For more information,
How Budget Insurance Could Transform the Community Association Industry
BY MARY ANN CHANDLER, ESQ.
Florida’s nearly 50,000 community associations— spanning condominiums, cooperatives, and homeowners’ associations—form the backbone of the state’s residential infrastructure. These communities collectively govern millions of units, manage billions in assets, and represent an unparalleled microeconomy within Florida’s housing market. Yet, despite their economic magnitude many associations teeter on the edge of financial instability, largely due to one unavoidable reality: unpaid assessments. Imagine a world where that vulnerability is
Photo by iStockphoto.com/Inside Creative House
eliminated—where community associations could insure their budgets just like they insure their buildings. With budget insurance, associations could guarantee their cash flow, reduce financial risks, stabilize operations, and avoid placing additional burdens on paying owners when others default. This article explores what the community association market in Florida could look like if budget insurance were available—and why it might just be the solution the industry has long been awaiting.
The financial structure of a community association is unique. Each year the board adopts an annual budget that estimates the expenses necessary to operate the community. The total expenses projected in the budget are then divided among the unit owners in the manner
MARY ANN CHANDLER, ESQ., MANAGING PARTNER, KAZTMAN CHANDLER
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set forth in the association’s governing documents, and paid through regular maintenance fees (assessments). The association relies on the timely payment of these assessments to fund everything: insurance, management, utilities, staffing, repairs, security, and now, increasingly, mandatory reserves.
However, depending upon the state of the economy, many associations face delinquency rates ranging from 5 percent to 30 percent or even more. When unit owners fail to pay their share, the association still has to meet its obligations. Potential delinquency is addressed initially in all proposed budgets. By way of example, if an association anticipates a 10 percent delinquency rate in the upcoming budget year, then the proposed budget is generally increased by that 10 percent so that the association is assured to collect sufficient funds to cover its expenses. In
short, each owner is actually paying 10 percent more to cover the deficit caused by their non-paying owners. This increase in regular assessments places a burden on the paying owners—many of whom are already financially stretched. This has the potential to trigger a domino effect, as for every owner who is unable to pay their regular assessments, there is another who is just barely making those payments. Being required to take on the burden of covering the additional expense caused by non-paying owners, can ultimately cause another new wave of non-paying owners…and that cycle can continue to spiral downward.
This domino effect places tremendous strain on financially responsible owners, increases the risk of additional delinquencies, and creates a treacherous cycle of deferred or delayed maintenance, inadequate operations, and deteriorating property values. The end result? A fragile system in which the default of a few can jeopardize the well-being of the whole.
Now, let’s consider how budget insurance could easily and affordably avoid financial pitfalls and offer unparalleled protection to associations and their paying owners. Budget insurance provides coverage for an association’s budgeted income—essentially insuring the receivables portion of the budget. If owners fail to pay their assessments, the insurer steps in to cover the shortfall, providing the association with the funds necessary to meet its obligations without delay or disruption.
This isn’t merely a theoretical concept. Similar insurance models already exist in other sectors. Trade credit insurance protects businesses from customer nonpayment. Rent default insurance covers landlords if tenants stop paying rent. Budget insurance brings the same concept to the community association industry.
Imagine a condominium association that budgets $1 million annually. With a 10 percent delinquency rate, it currently absorbs a $100,000 shortfall—either by operating less efficiently or demanding more from the paying owners. With budget insurance, the association recovers that $100,000 from the insurer, protecting both its balance sheet and its residents.
Associations could count on receiving 100 percent of their budgeted income regardless of owner delinquencies. This ensures timely payment of vendors, uninterrupted services, and full funding of reserves.
A budget-insured association becomes a more attractive and stable investment to buyers—potentially boosting property values and reducing days on market.
Moreover, budget insurance restores lender confidence by demonstrating reliable cash flow and strong fiscal management, increasing mortgage availability for buyers and refinancing options for current owners, as well as increasing lending options for the association for lines of credit and/or loans for projects, if needed.
Overall, if widely adopted, budget insurance would do more than just shore up individual associations—it would fundamentally reshape the community association market in Florida.
With budget insurance in place, boards could adopt more realistic and accurate budgets, confident that their associations would collect what is needed. This would encourage proactive maintenance and planning rather than reactive management.
In a state grappling with the rising costs of property insurance, deferred maintenance, mandatory reserves, and aging infrastructure,
A BUDGET-INSURED ASSOCIATION BECOMES A MORE ATTRACTIVE AND STABLE INVESTMENT TO BUYERS— POTENTIALLY BOOSTING PROPERTY VALUES AND REDUCING DAYS ON MARKET.
Florida’s community associations need new tools to survive and thrive. Budget insurance offers a practical solution to one of the community association industry’s most damaging problems: the inability to collect all assessments on time.
By ensuring cash flow, protecting paying owners, and encouraging professional governance, budget insurance could usher in a new era of financial stability and resilience for Florida’s communities. It could make bad debt line items a thing of the past, transform association budgeting into a confident exercise, and ultimately preserve the affordability, habitability, and long-term value of millions of Floridian homes.
The time has come to rethink how we protect our communities—not just from hurricanes and lawsuits, but from the silent storm of delinquency. Budget insurance might just be the shelter we’ve been searching for, and one whose time has arrived. n
The Dos and Don’ts of Milestone Inspections
BY MICHAEL DERMODY, ESQ.
This article provides a summary of the statutory obligations regarding mandatory milestone inspections now imposed on Florida condominium and cooperative associations. Apart from the structural determinations involved (delegated to the professionals retained by the condominium or cooperative boards), the affected associations themselves face a number of requirements involving timing, deadlines, hiring of appropriate professionals, notices to owners, and unfortunately, costs.
Photo by iStockphoto.com/Pixsooz
THE “DOS”
Know what this inspection means for your association.
A milestone inspection is described in F.S. 553.899(2)(a) as “A structural inspection of a building (including an inspection of load-bearing elements and the primary structural members and primary structural elements) by a licensed architect or engineer, authorized to practice in Florida, for the purposes of attesting to the life safety and adequacy of the structural components of the building. This includes, to the extent reasonably possible, determining 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 of the building.” F.S. 627.706(2) provides that a “primary structural member” means a structural element designed to provide support and stability for the vertical or lateral loads of the overall structure., and a “primary structural system” means an assemblage of primary structural members.
MICHAEL O. DERMODY, ATTORNEY, BECKER
Michael Dermody concentrates his legal practice in commercial litigation, with a focus in appellate writing. He was admitted to the Florida Bar in May 2007 and has been a member of the New Jersey Bar since 1996. Prior to coming to Florida, Michael was the principal of his own solo practice in Frenchtown, New Jersey. In 2005 he submitted an amicus curae brief in the landmark U.S. Supreme Court medical marijuana case, Ascroft v. Raich. Since 2007 he has focused on community association law with a concentration in community association litigation. For more information, call 772-286-2990, email MDermody@beckerlawyers.com, or visit www.beckerlawyers.com
Determine if your association’s building(s) is/are subject to the Florida milestone provisions.
Milestone requirements apply to condominium or cooperative buildings of three habitable stories or more in height. However, the milestone requirements do not apply to single-family, two-family, threefamily, or four-family dwellings with three or fewer habitable stories above ground.
Keep track of your local building regulations.
Local enforcement agencies may extend the date by which your building’s initial milestone inspection must be completed if (1) the association can show that the inspection cannot be timely completed, (2) the association has already entered into a contract for the milestone inspection, but the inspection could not be completed before the deadline, or (3) for other justifiable circumstances.
Know the difference between Phase I and Phase II of the milestone inspection process.
Phase I inspections are mandatory for all condominium and cooperative associations subject to the statute. However, a Phase II inspection is
required only if “substantial structural deterioration is identified during the Phase I inspection.” “Substantial structural deterioration” means substantial structural distress or substantial structural weakness that negatively affects a building’s general structural condition and integrity; it 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 I (or Phase II) inspection determines that such imperfections are a sign of substantial structural deterioration.
Watch for your inspection report documents.
The architect or engineer performing the milestone inspection must submit a sealed copy of the inspection report, including a separate summary of the findings and recommendations in the report to the association and must also send these to the appropriate local building official.
Know what your Phase II inspection will involve.
A Phase II inspection must be performed by the association if any substantial structural deterioration is identified during Phase I. If a Phase II inspection is required, the association’s architect or engineer preparing the report must, within 180 days after submitting the Phase I inspection report, submit a Phase II progress report, to the local enforcement agency and a timeline for completion of the Phase II inspection. The inspection may be as extensive, or as limited, as necessary to fully assess the areas of structural distress. Its purpose it to confirm that the building is structurally sound and to recommend a program for fully assessing and repairing the distressed portions of the building. If a Phase II inspection is required, the association’s inspector will provide a Phase II report to the association. The association must then, within 45 days, provide the Phase II summary to the owners and post the full report and summary.
Know your Phase II commencement deadline.
While your county board or local governing body may adopt shorter start times, your Phase II repairs must be commenced—at the latest— within 365 days after the association receives the Phase II report.
THE ARCHITECT OR ENGINEER PERFORMING THE MILESTONE INSPECTION MUST SUBMIT A SEALED COPY OF THE INSPECTION REPORT, INCLUDING A SEPARATE SUMMARY OF THE FINDINGS AND RECOMMENDATIONS IN THE REPORT TO THE ASSOCIATION AND MUST ALSO SEND THESE TO THE APPROPRIATE LOCAL BUILDING OFFICIAL.
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.
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THE “DON’TS”
Don't look for milestone inspection guidance in the condominium or cooperative sections of Florida law.
The mandatory milestone structural inspection provisions are found in Florida’s Building Construction Standards at F.S.553.899.
Don't miss your initial milestone inspection deadline.
Condominium or cooperative buildings subject to the milestone requirements must have a milestone inspection performed by December 31st of the year in which the building reaches 30 years of age. The building’s certificate of occupancy determines the beginning date of its age. After the initial milestone inspection, subsequent milestone inspections must be performed every ten years. Note, however, that local government enforcement agencies have the option to set the initial milestone inspection requirement at 25 years of a building’s age if local circumstances (including proximity to salt water) are determined to require the earlier inspection deadline.
Don't wait until the last minute to arrange for your milestone inspection.
As your inspection deadline looms, there may be a lot of other condominium and/or cooperative buildings that will be needing milestone inspections from a limited pool of engineers and architects available to perform such inspections.
Don't hire a person or entity not authorized to conduct the milestone inspection.
In addition to Florida-licensed architects and engineers, the milestone inspection services may be provided by a team of professionals using an architect or engineer acting as a registered design professional in charge of such work, who will be responsible for the signed and sealed reports required under the statute.
Don't miss the 14-day deadline for initial notification to owners.
The association’s “local enforcement agency” will provide a written notice to the association of the milestone requirement by certified and regular mail. Upon receipt of this notification, the association must in turn notify the association’s unit owners of the required milestone inspection within 14 days after receipt of the written notice from the local enforcement agency. This notice to owners must also provide the date by which the milestone inspection must be completed. The notice may be given by electronic delivery to unit owners who have consented to receive electronic notification or by posting it on the association’s website.
Don't forget that your Phase I milestone inspection must be completed within 180 days after the association has received written notice of the milestone requirement from its local enforcement agency .
Don't miss the deadline for providing the Phase I (or Phase II) report to your members.
Within 45 days after receiving a Phase I or Phase II inspection report, the association must distribute a copy of the summary of the inspection report to each unit owner (regardless of the findings or recommendations in the report). The report must be delivered by U.S. mail or personal delivery to each owner and by electronic transmission to owners who have consented to such notification. The association must post a copy of the report summary in a conspicuous place on the association property and must publish the full report and the summary on the association’s website if the association is required to have a website.
THE ASSOCIATION MUST POST A COPY OF THE REPORT SUMMARY IN A CONSPICUOUS PLACE ON THE ASSOCIATION PROPERTY AND MUST PUBLISH THE FULL REPORT AND THE SUMMARY ON THE ASSOCIATION’S WEBSITE IF THE ASSOCIATION IS REQUIRED TO HAVE A WEBSITE.
Finally, don't overlook local variables.
The milestone law authorizes each local enforcement agency to create timelines and penalties with respect to compliance with these milestone inspection and repair issues. Furthermore, the statute authorized the applicable Board of County Commissioners or municipal governing body to adopt an ordinance requiring the association to schedule or commence repairs for substantial structural deterioration within a time frame more restrictive than the 365-day commencement window provided under the statute. n
REMBAUM'S ASSOCIATION ROUNDUP
The Pre-Suit Mediation Process
Friend or Foe?
BY JEFFREY A. REMBAUM, ESQ.
Overall, the often statutorily required pre-suit mediation process governed by §720.311, Fla. Stat., can potentially save a community association tens of thousands of dollars by providing an opportunity to resolve the dispute prior to litigation. In fact, a great many disputes resolve themselves at this stage, but not all disputes are subject to the pre-suit mediation requirements. Sometimes opting to use the process is voluntary, and sometimes it is mandatory. Condominium, homeowners’, and arguably cooperative associations can all take advantage of the pre-suit mediation process described in §720.311, Fla. Stat., though there are a few noticeable differences.
As per §720.311, Fla. Stat., election and recall disputes are not eligible for pre-suit mediation. This is because those disputes must be resolved via arbitration by the DBPR Division of Florida Condominium, Timeshares, and Mobile Homes— Arbitration Section or filed in a local court of competent jurisdiction. Other HOA disputes for which the pre-suit mediation process is not required include collection of any assessment, fine, or other financial obligation, including attorneys’ fees and costs, claimed to be due or any action to enforce a prior mediation settlement
Photo courtesy of Kaye Bender Rembaum
agreement between the parties. Regarding HOA disputes that must follow the pre-suit mediation process before the dispute is filed in court, the aggrieved party must follow the pre-suit mediation when the dispute meets one of the following criteria:
1. Between an association and a parcel owner regarding use of or changes to the parcel or the common areas
2. Other covenant enforcement disputes
3. Disputes regarding amendments to the association documents
4. Disputes regarding meetings of the board and committees appointed by the board
5. Membership meetings not including election meetings
6. Access to the official records of the association.
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
As to condominium association disputes, §718.1255, Fla. Stat., provides that in lieu of the initiation of manditory nonbinding arbitration, a party may submit their dispute to pre-suit mediation in accordance with the homeowners’ association pre-suit meditation process set out in §720.311, Fla. Stat. The condominium association disputes eligible for the pre-suit mediation process include the authority of the board of directors, under Chapter 718, Fla. Stat., or association’s documents, involving any of the following:
1. Requirement for any owner to take any action, or not to take any action, involving that owner’s unit or the appurtenances thereto
2. Alteration or addition to a common area or element
3. The failure to properly conduct elections
4. The failure to give adequate notice of meetings or other actions
5. The failure to properly conduct meetings
6. The failure to allow inspection of books and records
7. Challenges to a plan of termination of the condominium pursuant to §718.117, Fla. Stat.
As to condominium association disputes, mandatory, non-binding arbitration or, alternatively; the presuit mediation process, is not required for::
1. Title to any unit or common element
2. The interpretation or enforcement of any warranty
3. The levy of a fee or assessment, or the collection of an assessment levied against a party
4. The eviction or other removal of a tenant from a unit
5. Alleged breaches of fiduciary duty by one or more directors, or
6. Claims for damages to a unit based upon the alleged failure of the association to maintain the common elements or condominium property.
It is also good to know that in any dispute subject to the statutory required pre-suit mediation where emergency relief is required, a motion for temporary injunctive relief may be filed with the court without first complying with the otherwise required pre-suit mediation process.
As to cooperative association disputes, §719.1255, Fla Stat., provides that disputes can be subject to the alternative dispute resolution process set out in §718.1255, Fla. Stat. This statute then refers to §720.311, Fla. Stat., which describes the pre-suit mediation process in detail. Therefore, parties involved with cooperative association disputes follow the same guidelines as condominium association disputes.
Regarding the mediation process itself, pre-suit mediation proceedings must be conducted in accordance with the applicable Florida Rules of Civil Procedure, and that these proceedings are privileged and confidential to the same extent as court-ordered mediation. This means what happens at mediation, stays at mediation (like Vegas)!
The pre-suit mediation process is fully described in §720.311, Fla. Stat. Simply put, the aggrieved party must serve on the other party(ies) (by certified mail, return receipt requested, and regular U.S. mail) written demand for participation in mandatory pre-suit mediation, which must
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provide a list of five mediators from which the recipient must choose one. The recipient will have 20 days from the date of mailing to serve (by certified mail, return receipt requested, and regular U.S. mail) a written response to the aggrieved party. The pre-suit mediation must then be held within 90 days unless the parties jointly agree to an extension. The parties split the costs of the mediator, and each party is responsible for their own respective attorneys’ fees and costs (unless otherwise agreed to at the mediation as part of any settlement).
The failure of any party to respond to a pre-suit mediation demand, to agree upon a mediator, to make payment of fees and costs within the time established by the mediator, or to appear for a scheduled mediation session without the approval of the mediator constitutes an "impasse" in the pre-suit mediation by such party, entitling the other party to proceed in court and to seek an award of the costs and fees associated with the mediation. Additionally, and most importantly, the party who fails or refuses to participate in the entire mediation process may not recover prevailing party attorneys’ fees and costs in subsequent litigation relating to the dispute should they actually prevail.
If pre-suit mediation is not successful in resolving all issues between the parties, the aggrieved party may file the unresolved dispute in a court of competent jurisdiction. As to any issue or dispute that is not resolved at pre-suit mediation, and as to any issue that is settled at pre-suit mediation but is thereafter subject to an action seeking enforcement of the mediation settlement, the prevailing party in any subsequent litigation proceeding is entitled to seek
recovery of all costs and attorneys’ fees incurred in the pre-suit mediation process.
Again, if the receiving party does not timely and properly respond to the aggrieved party’s pre-suit mediation demand, then should the aggrieved party proceed with the litigation and lose, since the receiving party did not comply with the pre-suit mediation demand, they would not be entitled to their otherwise awardable prevailing party attorneys’ fees and costs due to their failure to comply. As those legal procedures and their surrounding strategy have a signficant impact on association legal counsel familar with the intracacies of community association law should be involved. n
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Avoid Insurance Surprises and Hazardous Living Conditions
INSURANCE: SURPRISE! ASSOCIATION’S POLICY EXCLUDED COVERAGE FOR SHOOTING
BY MICHAEL J. GELFAND, ESQ.
W
hat happens when someone is injured on association property? If serious, then you can bet that a lawsuit against the association will follow.
This circumstance invariably leads to the question: Must your insurer defend a lawsuit filed against the association? The answer likely depends on the nittygritty of the insurance policy’s exact wording, and in particular what claims the policy excludes from coverage.
Recently a Florida appellate court ruled that an insurer did not have a
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duty to defend a Florida homeowners’ association sued for allegedly causing a death by gunshot. Why? The policy specifically excluded coverage for physical abuse. The facts in Catalina West Homeowners Association, Inc. v. First Community Insurance Company, 50 Fla. L. Weekly D 1318 (Fla. 3rd DCA, June 18, 2025), indicated that Daniel Macko was shot by unknown assailants at his home within Catalina West and died from his injuries.
Mr. Macko’s estate sued the association alleging negligent maintenance and security. The association’s insurer initially defended the association, issuing a “reservation of rights,” which is a letter that usually states a claim will be defended, but that the insurer may change its mind and not defend. The insurer then filed its own lawsuit against the association seeking the court to issue a declaration that
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.
the insurer did not have a duty to defend the association. In this second lawsuit, the trial court granted summary judgment for the insurer.
The Florida appellate court agreed with the decision of the trial court. The court looked at the plain meaning of the words in the policy in determining that the insurer did not have an obligation to defend the association. The policy contained a “Physical and Sexual Abuse Exclusion,” which stated that the policy did not apply to “bodily injury” arising out of or connected to actual physical abuse.
The court noted that the dictionary definition of the word “physical” means “[o]f, relating to, or involving someone’s body as opposed to mind” or “[o]f, relating to, or involving rough or violent contact.” Finding the words “physical abuse” not ambiguous, the court stated that the policy’s exclusion precluded coverage for an ambush and fatal shooting. “The assailant’s cruel and violent actions inflicted physical injury to Macko,” the court explained. “The policy is unambiguous. It excludes ‘physical abuse,’ which is where someone actually attempts, or threatens cruel and violent treatment to another person’s body resulting in physical injury. An ambush and shooting squarely qualify.”
As a result of this decision, the association is left not just having to pay its legal fees in defending the lawsuit; if it loses the lawsuit, the association could be facing a big judgment. The lesson to be taken from this case is to know what your insurance policies cover and what they exclude. You do not want to be left with a surprise when the unexpected happens.
SEEPING RAW SEWAGE CAUSES EMOTIONAL DISTRESS
How bad can maintenance issues deteriorate before a property owner or management company can be held liable for emotional distress caused by hazardous living conditions? Apparently, the impact on a person does not have to be very large. A small, invisible impact can be enough to hold someone liable for emotional distress.
A Florida appellate court recently ruled that inhaling microscopic particles from raw
sewage qualified as an “impact.” In Murphy v. Heritage II Holdings, LLC, 50 Fla. L. Weekly D 1300 (Fla. 5th DCA, June 13, 2025), Murphy lived in a rental property managed by Heritage. After moving out, Murphy suffered a heart attack, leading her to sue Heritage for negligently maintaining the property. Murphy alleged that the hazardous living conditions caused her bodily injury and emotional distress. After the lawsuit was filed, Murphy passed away.
The facts indicated that the property had serious plumbing issues causing raw sewage and sand to back up in the bathtub and toilet. The property also had electrical problems from improper wiring causing periodic smoke. The trial court granted summary judgment for Heritage, finding that the facts did not rise to the level of an impact sufficient to satisfy the “impact rule,” which requires a Florida court plaintiff to show a physical impact before being able to recover for emotional distress.
The Florida appellate court disagreed with the decision of the trial court. The appellate court explained that it does not matter how large or small, visible or invisible the impact is. Inhaling or absorbing a harmful substance qualifies as an “impact.”
Here, Murphy touched the sand in the water and the heat from the faulty wiring. She also inhaled microscopic particles from the raw sewage and smoke from the wires. “Once the trial court found that the decedent inhaled particles from the raw sewage and smoke from the faulty electric wires, the court should not have applied the impact rule,” the court stated.
Although this case involved extremely bad conditions, it is important that associations take seriously all maintenance issues. n
•
•
THE APPELLATE
COURT EXPLAINED
THAT IT DOES NOT MATTER HOW LARGE OR SMALL, VISIBLE OR INVISIBLE THE IMPACT IS. INHALING OR ABSORBING A HARMFUL SUBSTANCE QUALIFIES AS AN “IMPACT.”
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.
BECAUSE YOU ASKED
By Betsy Barbieux, CAM, CFCAM, CMCA
Betsy,
Doesn’t the BOD have to approve violation notices before they’re sent out at a board meeting, meaning it would be part of the minutes?
— Hal
Hal,
There is no statute that requires board approval. It’s usually a contract provision with the manager or management company.
— Betsy
Betsy,
Does the CAM have to sign the estoppel and/or condominium questionnaire? Or can a BOD sign it? Whichever one it is, where could I find the answer so I can print it out if needed?
— Sandra
Sandra,
The law does not say who signs the estoppel. It’s presumed that the person who prepared it is the one who signed it since he or she is affirming those are the amounts due and any outstanding violations, etc.
If the person signing the estoppel is also paid, that person must have a CAM license. If the person signing the estoppel is a volunteer director, treasurer, or other officer and is not paid, they do not need a license—see Chapter 468.431(2).
The condominium mortgage questionnaire is not required by law to be filled out. Most CAMs do it as a courtesy for those wishing to sell/
purchase. I charge an upfront fee before completing a condominium mortgage questionnaire. And now there are all these new real estate listing requirements that I’ll be charging a fee to provide.
— Betsy
Betsy, I took your board certification class and know how well informed you are. I had a question that I can’t find a definitive answer to on the internet. I’m hoping you may have one.
All the owners received a letter via certified mail/return receipt requested advising us of the $15,000 assessment, payable in three installments, each due on the last day of August, September, and October.
I asked for an invoice or some sort of separate document to back up the request. I don’t feel like a friendly worded letter is adequate. After a week, I haven’t had a response. Am I wrong to ask for documentation?
— Jan
Jan, For the board to impose a special assessment, they must do so at a board meeting with a 14-day written notice (with specific wording that it is a board meeting to impose a special assessment) to owners along with documentation about the special assessment, the amount, due dates, and purpose. So, the
Betsy Barbieux
documentation you should request is the minutes with attachments.
— Betsy
Betsy,
I have some boards using a form titled “intent to run” for the board. It was sent out with the first notice of election.
I have a couple of boards who are refusing to have any candidates fill out forms, while other boards require the form for every candidate/board member every year.
Any clarity would be great.
— Cathy
Cathy,
There is no statutory form used to nominate yourself for the board. For HOAs there is no law for gathering nominations though there is mention of nominations from the floor. But for condominiums and cooperatives, there are some specific statutes and rules about nominating yourself but no form. There are no formal search committees or nominations from the floor for condominiums and co-ops. I use a form similar to what you sent me, so candidates know the requirements for serving on the board before and after an election. Unless board seats are for more than one year, any currently serving board members must re-nominate themselves as candidates each year. They do not automatically become a candidate by virtue of currently serving.
For a board to “require” a certain form, those specifics should be a written policy adopted by the board and written into the minutes, or the requirements should be formally voted on as an amendment to the bylaws.
— Betsy
Betsy,
My board had an emergency meeting, and now it is being questioned. The meeting was called so the board could review and sign a contract to move forward with critical roadwork. This was imperative to ensure the contractor could get us on their schedule immediately—any delay would have pushed us further out and created additional issues.
The original contractor we hired for the road project recently walked off the job, leaving parts of the community with torn-up roads and exposed pipes, particularly at a major intersection. This situation has left several
Marcy L. Kravit
MANAGING SHORT-TERM RENTALS IN FLORIDA COMMUNITY ASSOCIATIONS: STRATEGIES,
POLICIES, PROCEDURES, AND PRACTICAL TOOLS
By Marcy Kravit, CMCA, AMS, PCAM, CFCAM, CSM Senior Director of Community Association Relations— Developing Markets Hotwire Communications
As someone involved in community associations across the country, I’ve observed how the rapid expansion of short-term rental platforms such as Airbnb and VRBO has reshaped neighborhood dynamics. While these rentals offer property owners lucrative income opportunities and attract diverse residents, they also introduce significant challenges that require proactive management, clear policies, and ongoing oversight.
Florida’s unique legal landscape further complicates this issue. To maintain community harmony, safety, and property values, associations must implement tailored strategies, enforceable policies, and practical procedures.
THE FLORIDA CONTEXT
Florida’s reputation as a vacation paradise and investment hub has fueled a boom in short-term rental activity. According to the Florida Department of Business and Professional Regulation, thousands of licensed short-term rental operators actively serve communities statewide, and these numbers are climbing steadily. Although this trend benefits property owners and stimulates local economies, it also presents notable challenges.
High-tenant turnover, noise disturbances, property damage, and safety concerns are among the primary issues faced by community associations. Unregulated or illegal rentals can lead to security risks, liability exposure, and community discord.
Florida law, particularly the Vacation Rental Act, provides guidelines for licensing, taxation, and safety standards. Nonetheless, enforcement varies across cities and counties, with jurisdictions like Miami Beach and Fort Lauderdale adopting strict licensing and registration requirements. Many associations have
homeowners without full access to their homes; and more importantly, emergency vehicles currently cannot get through these affected areas. After working to get new bids from qualified contractors, I was finally able to bring viable options to the board. Given the urgency of the safety and access concerns, we believed this clearly qualified as an emergency under Florida laws, which allow emergency meetings rather than waiting 48 hours for standard notice, which would put residents or property at risk.
Unfortunately, we’re now hearing from a few residents claiming the meeting was “illegal” and threatening to file a complaint with the DBPR. I truly believe we acted in good faith and in full alignment with what the emergency provisions allow. Our intent was—and remains—to act swiftly to restore road access, protect homeowners, and ensure emergency responders can reach all areas of the community. Was the board action legal? Procedurally, should they have done something else?
—Lyndsey
Lyndsey, I’m not an attorney and cannot speak from a legal perspective, but procedurally I strongly believe your board made the best decision to protect the health and safety of the residents and protect the property and its value. In this situation, the statute does not describe “emergency.”
Betsy
amended their governing documents to restrict or regulate short-term rentals more stringently.
IMPACT ON COMMUNITY DYNAMICS
Community Cohesion and Resident Relations
High turnover rates associated with short-term rentals diminish opportunities for neighbors to develop lasting relationships, weakening community bonds.
Noise and Disruption
Particularly in densely populated areas, frequent parties and late-night gatherings have led to numerous noise complaints. These disturbances not only strain neighbor relations but sometimes escalate to legal disputes.
Property Damage and Safety Incidents
Incidents such as fires caused by improper grilling or vandalism increase insurance premiums and jeopardize resident safety. A Tampa condominium experienced a significant fire during a rented event, illustrating the potential hazards.
Security and Liability Concerns
Transient renters may be unregistered or unfamiliar with community rules, raising security risks and liability issues for associations.
THE IMPORTANCE OF REVIEWING YOUR COMMUNITY’S RULES AND REGULATIONS
Before establishing or enforcing rental policies, it is essential to thoroughly review your association’s governing documents, rules, and regulations with legal counsel. Many associations have specific leasing restrictions, including waiting periods or prohibitions on short-term rentals. It’s common for associations to adopt a one-year waiting period before a home can be leased, serving as a buffer to prevent frequent short-term leasing and protect community stability.
Always consult with legal counsel to ensure that your policies are compliant with Florida law and that any restrictions, such as waiting periods, are enforceable. Missteps in policy enforcement can lead to legal challenges, so it’s crucial to have professional guidance.
Strategies for Effective Management
1. Develop Clear and Enforceable Policies—Associations should craft comprehensive policies that specify rental restrictions and enforcement procedures. Policies must be consistent, transparent, and compliant with Florida law and local ordinances.
Sample Policy Language
No unit shall be leased or rented for less than 90 days. All owners intending to rent their units must register their rental agreements with the HOA prior to occupancy. Proof of Florida Department of Business and Professional Regulation (DBPR) license and local permits must be provided. Owners and renters must acknowledge understanding and compliance with all community rules and applicable laws. Violations may result in fines, legal action, or suspension of community privileges.
2. Implement Mandatory Owner and Renter Education—Owners planning to rent should attend orientation sessions explaining community standards, safety protocols, and legal obligations. Renters should sign acknowledgment forms confirming they understand and agree to abide by community rules.
Sample Acknowledgment Language
I acknowledge that I have received, read, and understand the community rules, including noise, parking, pet policies, and safety procedures. I agree to abide by all HOA regulations and local laws during my stay.
3. Use Technology for Oversight and Compliance—Create online registration portals for rental units. Regularly monitor online rental platforms for unregistered or non-compliant listings. Use community communication tools—emails, newsletters, or apps—to keep residents informed and engaged.
4. Collaborate with Local Authorities—Regularly review municipal ordinances related to short-term rentals. Confirm that owners hold valid Florida and local licenses and ensure compliance with safety and tax collection requirements. Establish channels for reporting violations and coordinating enforcement.
5. Enforce Violations
Consistently—Develop a violation response protocol: issue warnings for first infractions followed by fines or legal action for repeated offenses. Maintain detailed records of violations and enforcement actions to support legal or disciplinary proceedings.
6. Foster Community Engagement—Host neighborhood events, social gatherings, or volunteer initiatives to strengthen resident relationships. Engaged communities are more resilient and better equipped to support enforcement and compliance efforts.
Sample Policies and Forms
Rental Restrictions Policy
No unit shall be leased or rented for less than 90 days. Owners must register their rental units with the HOA and provide proof of Florida and local licenses. Violations may result in fines, legal action, or suspension of community privileges.
Owner and Renter Acknowledgment Form
I acknowledge that I have received and understand the community rules, including noise, parking, pet policies, and safety protocols. I agree to abide by all HOA regulations and local laws during my stay. I understand violations may lead to fines or eviction.
Rental Registration Form
Owner’s Name:
Contact Information:
Property Address:
Rental Start Date:
Rental End Date:
Proof of Florida License: (attach copy)
Proof of Local Permits: (attach copy)
Sample Rental Agreement Clause
The rental period shall be a minimum of 90 days. The renter agrees to abide by all community rules, safety standards, and local laws. The owner shall provide copies of valid licenses and permits prior to occupancy. Violations may result in fines, legal action, or eviction.
Practical Implementation Steps
• Draft and approve rental policies with legal counsel to ensure compliance.
• Develop acknowledgment forms for owners and renters.
• Set up an online registration portal for rental units.
• Conduct periodic owner and renter orientations.
• Review and stay current with local ordinances and licensing requirements.
• Regularly monitor online rental listings for unregistered or non-compliant activity.
• Enforce violations consistently, documenting all actions taken.
• Promote community events to foster neighborhood cohesion and support compliance.
Final
Thoughts
Managing short-term rentals effectively requires a combination of clear policies, legal compliance, ongoing education, and community engagement. Always review your governing documents before drafting or enforcing new restrictions, and consult with legal counsel to ensure enforceability. Associations that take a proactive approach—adapting policies to their community’s needs and maintaining consistent enforcement—can preserve neighborhood safety, property values, and community harmony. Transparency, consistency, and collaboration are the key ingredients to success. When managed responsibly, short-term rentals can coexist with a vibrant, safe, and welcoming community. n
Overcoming Customer Service Challenges in Gate and Access Control
BY WARD PEPPERMAN
I
n the realm of property management, particularly for residential communities and commercial properties in Florida, effective gate and access control systems are essential for ensuring security, convenience, and resident satisfaction. However, many customers face significant hurdles when dealing with service providers in this industry. This case study examines the experience of Sarah Thompson, a property manager for a midsized, gated residential community in
Photo by iStockphoto.com/Thomas Bullock
Jacksonville, Florida. Sarah’s journey highlights the common frustrations encountered with traditional gate and access control companies, such as unreliable repairs, poor communication, and unresponsive service, and how her switch to Sunbelt Gated Access Systems of Florida, LLC (Sunbelt), transformed her operations. Drawing from real customer feedback and industry insights, this narrative demonstrates how Sunbelt’s commitment to professionalism, expertise, and customer-centric service resolved long-standing issues, leading to enhanced security and operational efficiency.
Sarah’s community, a 150-unit condominium complex, relies on automated gates, access controls, and video surveillance to manage vehicle and
WARD PEPPERMAN, OUTSIDE SALES, SUNBELT GATED ACCESS SYSTEMS
Ward Pepperman is outside sales representative with Sunbelt Gated Access Systems of Florida LLC. For more information call 904-354-7060, email wpepperman@ sunbeltsys.com, or visit www.subeltsys.com
pedestrian entry. Installed over a decade ago, the system had begun to falter, prompting Sarah to seek repairs from multiple providers. Her story is emblematic of broader industry challenges, where customers often report delays in service, incomplete fixes, and a lack of accountability. According to industry reviews, common complaints include technicians failing to verify repairs, repeated service calls for the same issues, and inadequate follow-up, which can compromise safety and increase costs.
BACKGROUND: THE INITIAL STRUGGLES
Sarah’s troubles began in early 2024 when the community’s swing gate operator started malfunctioning intermittently. Residents complained about gates sticking open or failing to respond to key fobs, leading to security vulnerabilities and traffic backups during peak hours.
SIMPLIFIED TECHNOLOGY
THAT’S SENTRY
CommunityPro® is Sentry Management’s proprietary software that puts all of your community’s information and operations in one place. In addition, the secure web portal provides homeowners with payment options and access to their account balances, association documents, and more.
SENTRYMGT.COM
As the property manager, Sarah was responsible for maintaining the system, which included LiftMaster operators, card readers, and basic surveillance cameras. She initially contacted a local gate repair company in Jacksonville, FL, one she had used sporadically in the past.
The first provider promised a quick fix but took over a week to schedule an appointment, citing high demand and parts shortages, a frequent excuse in Florida’s humid climate, where corrosion and wear accelerate system failures. When the technician arrived, he performed a superficial adjustment but did not test the system thoroughly. Within days the problem resurfaced, forcing Sarah to call again. This cycle repeated three times over two months, with each visit incurring charges despite no lasting resolution. “It was frustrating,” Sarah recalled. “They’d claim the job was done and leave without verifying it worked under real conditions. We’d end up paying for the same issue repeatedly.”
This experience aligns with widespread customer feedback in the gate and access control sector. For instance, reviews of various Florida-based companies highlight issues like unverified repairs and poor responsiveness. One Yelp reviewer for a competitor noted similar problems: technicians visiting multiple times without success and failing to confirm fixes. Industry-wide, customers often cite slow response times, sometimes exceeding 48 hours for emergencies, and a tendency to upsell unnecessary replacements instead of repairing existing equipment. In Sarah’s
case the second company she tried, based in nearby Orlando, suggested a full system overhaul costing over $15,000, despite the gate being only partially faulty. This aggressive sales tactic eroded her trust as it seemed more focused on revenue than solutions.
Compounding these issues were communication breakdowns. Calls to customer service went unanswered or were routed to voicemails that were rarely returned promptly. Emails requesting updates received generic responses, if any. For a property manager like Sarah, who juggles multiple responsibilities, this lack of reliability translated to resident dissatisfaction. Complaints piled up in community meetings, with homeowners voicing concerns about safety and questioning the association’s dues. “I felt like I was failing my residents,” Sarah said. “We needed a partner who understood the urgency of access control, not just a vendor treating us as another ticket.”
These challenges are not isolated. Snippets from Better Business Bureau (BBB) profiles of Florida gate companies reveal patterns of complaints about delayed services and unresolved issues. For example, one BBB entry for a Largo-based firm notes customer dissatisfaction with response times and incomplete work, emphasizing that the nature of complaints often outweighs their number in small-volume industries. In humid, storm-prone areas like Jacksonville, where systems face environmental stress, reliable maintenance is crucial, yet many providers fall short due to understaffing or inadequate training.
DISCOVERING SUNBELT GATED ACCESS SYSTEMS
After exhausting options with two providers, Sarah sought recommendations from fellow property managers in a local online forum. Several praised Sunbelt Gated Access Systems of Florida, LLC, a family-owned company with roots dating back to 1936. Headquartered in Jacksonville, Sunbelt specializes in designing, installing, repairing, and maintaining automated gate and access control systems across Northeast and Central Florida. Certified in automatic gate system design and licensed as a Florida specialty electrical contractor, the company emphasizes compliance with local codes and national safety standards.
Intrigued by positive testimonials, Sarah contacted Sunbelt in mid-2024. Unlike previous experiences, the initial call was answered by a knowledgeable representative who scheduled a site visit within 48 hours. “From the first interaction, it was different,” Sarah noted. “They listened to my history of problems and didn’t jump to selling me something new.” Sunbelt’s approach, as echoed in customer reviews, focuses on diagnostics and cost-effective solutions rather than immediate replacements.
During the assessment, technician Jeff, praised in multiple reviews for his expertise, identified the root cause: corroded wiring exacerbated by Florida’s weather, combined with outdated firmware on the LiftMaster unit. Instead of recommending a complete overhaul, he proposed a targeted rebuild, incorporating
durable, weatherproof components. This aligned with a testimonial from David S. on Sunbelt’s website: “MY 25-year-old gate system needed servicing. Rather than sell me a new system, Sunbelt recommended a rebuild of existing ... system works like brand new.”
IMPLEMENTATION AND SERVICE EXPERIENCE
Sunbelt’s team executed the repair efficiently over two days, minimizing disruption to residents. They integrated upgrades like enhanced key fob readers and a basic app-based monitoring system for Sarah to track the gate status remotely. Communication was exemplary: daily updates via email and phone, with post-repair testing conducted in Sarah’s presence to verify functionality. “They didn’t just fix it; they explained everything and ensured I understood how to maintain it,” she said.
This level of service reflects Sunbelt’s strengths as highlighted in recent Birdeye reviews. For instance, Louis P. from Florida shared: “We have used various other gate repair companies in the past... and Sunbelt Systems has been an exceptional experience. Furthermore, the repairs have lasted.” Similarly, Jon Luft commended technician Rick for persistence in diagnosing an old system and offering options without pressure. Sunbelt’s acquisition of SL Stewart LLC in 2023 expanded their reach, but their core focus on prompt, professional service remained unchanged.
Post-implementation, Sunbelt offered a maintenance plan with quarterly check-ups,
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
7
5
Chapter 558 inspections and procedures
Negotiating repair protocols
All aspects of state/federal litigation for construction warranty claims, from settlement negotiations through trial *Information
addressing a key gap in Sarah’s prior experiences. This proactive approach prevented minor issues from escalating, a common complaint in the industry where reactive service dominates.
RESULTS AND IMPACT
The switch to Sunbelt yielded immediate and lasting benefits. Gate downtime dropped to zero in the following year, enhancing security and resident satisfaction. Surveys showed a 25 percent increase in positive feedback on community safety, with fewer complaints about access issues. Financially, Sarah saved approximately $5,000 annually by avoiding repeated calls and unnecessary upgrades. “The repairs have held up through storms and heavy use,” she reported. “It’s given me peace of mind.”
Broader metrics underscore Sunbelt’s effectiveness. With over 2,000 systems installed and serviced, the company boasts high customer retention, as seen in reviews praising technicians like Thomas and Ezra for “top tier service” and going “above and beyond.” Even in rare negative feedback, such as a Yelp review noting repeated visits, Sunbelt’s overall rating remains strong, with improvements under current management noted in follow-ups.
CONCLUSION
Sarah Thompson’s case illustrates the transformative power of choosing a reliable partner in the gate and access control industry. After enduring unreliable repairs, poor communication, and upsell
pressures from previous providers, her adoption of Sunbelt Gated Access Systems brought professionalism, durability, and responsiveness. This not only resolved immediate issues but also fostered long-term efficiency and trust.
For property managers facing similar challenges, Sunbelt exemplifies how expertise, ethical practices, and customer focus can elevate service standards. As Sarah aptly summarizes: “Sunbelt didn’t just fix our gates, they restored our confidence in the industry.” In Florida’s competitive landscape, where security is paramount, companies like Sunbelt stand out by prioritizing solutions over sales, ensuring properties remain safe and accessible. n
Aluminum Flood Barrier Systems for Commercial Businesses
BY RODGER E. ROWLES
Floods present an ever-increasing threat to commercial businesses worldwide, causing billions of dollars in damages each year and often disrupting business operations for extended periods. As climate change drives more frequent and severe weather events, the need for reliable, robust, and easily deployable flood protection systems has grown. Among the various options available, aluminum flood barrier systems have become a preferred choice for many commercial enterprises, offering a unique combination of strength, durability, lightweight design, and adaptability.
Photo courtesy of No More Flooding
UNDERSTANDING FLOOD RISKS FOR COMMERCIAL PROPERTIES
Commercial businesses are particularly vulnerable to flooding due to factors such as location in urban centers, valuable inventory, and the necessity for uninterrupted operations. Flood risks can arise from multiple sources like the following:
• Rising river or lake levels
• Hurricane storm surges and coastal flooding
• Heavy rainfall overwhelming drainage systems
• Flash floods from sudden downpours
The consequences of not adequately preparing for such events include property destruction, loss of stock, operational downtime, insurance premium hikes, and lasting reputational damage.
RODGER E ROWLES, COMMERCIAL ACCOUNT MANAGER SOUTHWEST FLORIDA, NO MORE FLOODING
Rodger E Rowles is commercial account manager for Southwest Florida with No More Flooding, a commercial and residential flood barrier system. For more information, call 484-557-0353 or 239-744-1045 or visit gcespros.com
WHAT ARE ALUMINUM FLOOD BARRIER SYSTEMS?
Aluminum flood barrier systems are engineered physical structures designed to block or divert floodwater from entering commercial buildings. Typically these systems are modular, meaning they can be assembled and disassembled quickly as needed. The core components include interlocking aluminum planks or panels, vertical support posts, and sealing gaskets to prevent water intrusion.
KEY FEATURES OF ALUMINUM FLOOD BARRIERS
• Material Benefits—Aluminum is both lightweight and highly resistant to corrosion, making it ideal for repeated use in wet environments. It is also strong enough to withstand significant hydrostatic pressure from accumulated water.
• Modular and Flexible—The interlocking system allows businesses to tailor the length and height of barriers to suit specific entry points, doorways,
loading docks, or even entire building perimeters.
• Quick Deployment— Aluminum barriers are designed for rapid installation by a small team—no heavy machinery or specialized skills are typically needed. This makes them suitable for both emergency response and planned deployments when flooding is forecasted.
• Low Maintenance—The durability of aluminum reduces ongoing maintenance requirements, and the modular components are easy to clean, inspect, and store between uses.
TYPES OF ALUMINUM FLOOD BARRIER SYSTEMS
Several designs exist to accommodate differing architectural and operational needs, including the following:
Removable Flood Panels
These are the most common type for commercial use. Customsized panels are stored off-site or in a nearby storage area and mounted into pre-installed side channels or brackets when flooding threatens. They can be used singly for storefronts or in series for larger openings.
Demountable Flood Walls
For sites with recurring or high-level flood risks, demountable flood walls provide extended perimeter defense. These can be quickly assembled along property boundaries, parking lots, or around mechanical yards.
Applications for Commercial Businesses
Aluminum flood barrier systems can be adapted for a wide range of commercial settings:
• Retail stores and malls—Protecting entrances, loading docks, and underground parking garages from water ingress.
• Warehouses and logistics centers—Securing large doors, ramps, and vulnerable perimeter areas to avoid stock losses and supply chain interruption.
• Hospitality venues—Ensuring hotels and restaurants remain operational and minimize damage costs after flood events.
• Healthcare facilities—Guarding critical infrastructure like emergency room entrances and basement equipment rooms.
• Office buildings—Maintaining business continuity and safeguarding essential data centers or communication systems.
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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.
INSTALLATION AND DEPLOYMENT CONSIDERATIONS
Site Assessment
A professional flood risk assessment should precede any barrier purchase to identify vulnerable points and determine the appropriate system size and configuration.
Custom Engineering
Many manufacturers offer customization to accommodate unique architectural features or site-specific challenges, ensuring a tight seal around irregular surfaces.
Training and Practice
Staff should be trained in the assembly and disassembly of the barriers, with periodic drills to ensure readiness. Clear labeling and organized storage further reduce response times in an emergency.
COST-BENEFIT ANALYSIS
While aluminum flood barrier systems require an initial investment, their long-term value is significant. They can help with the following:
• Prevent costly repairs and loss of business after a flood
• Help maintain lower insurance premiums
• Increase a property’s resale value
• Demonstrate proactive risk management to stakeholders and investors
The modularity means businesses can purchase only what they need and expand protection as operations grow.
Maintenance and Longevity
Routine inspection after deployment events is advised to check for damaged seals or bent panels. With minimal maintenance—primarily cleaning and periodic lubrication of moving parts—aluminum barriers can provide decades of reliable service.
CONCLUSION
Aluminum flood barrier systems represent a modern, effective, and adaptable solution for commercial businesses seeking to safeguard assets, ensure operational continuity, and build resilience against an uncertain climate future. By investing in such systems, commercial enterprises not only protect their bottom lines but also demonstrate leadership and responsibility in the face of environmental challenges. n
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The Three Pillars of Building Safety: Maintenance, Inspections, and Reserve Studies
BY GARY PORTER, RS, FMP, CPA, RRC
Building safety is one of the most crucial aspects of property management, construction, and long-term infrastructure sustainability. Ensuring that a building is safe requires a concerted effort that spans beyond just adhering to building codes at the time of construction. Over the years, safety standards evolve, wear and tear occur, and unforeseen environmental factors may affect a building’s integrity. To safeguard the health and safety of building occupants, ensure compliance with legal and insurance requirements, and protect the property’s value, the three primary pillars of building safety—maintenance, inspections, and reserve studies—must be thoroughly addressed and integrated into a facility’s management practices.
The collapse of the Champlain Towers South Condominium in June 2021 was a defining moment that changed the condominium industry. The prevailing thought was that such an event could happen in other countries, but not here—but it did happen, and 98 people died.
Photo by iStockphoto.com/renaschild
As stated in my related article “The Prime Directive,” the community association industry has never placed the emphasis on maintenance that it deserves.
In the aftermath of Champlain Towers, the Florida legislature created statutes requiring inspections, mandating reserve studies, and mandating funding of specified reserve items (the Structural Integrity Reserve Study–SIRS). While helpful, I consider all of these to be knee-jerk reactions that focus on the symptoms rather than the cause. In 2021 mine was the only voice saying that inspections don’t stop buildings from falling down; reserve studies don’t stop buildings from falling down; and maintenance is the ONLY thing that stops buildings from falling down. If the Florida legislature really wanted to prevent another building collapse, they should have mandated that condominiums adopt a formal
GARY PORTER, FMP, RRC, CPA, RS, CEO, FACILITIES ADVISORS INTERNATIONAL
Gary Porter, FMP, RRC, CPA, RS is a facilities management professional, registered reserve consultant, CPA, and reserve specialist. He is the CEO of Facilities Advisors International, which provides reserve study, capital budgeting, and maintenance consulting services; president of International Capital Budgeting Institute; and past national president of Community Associations Institute (CAI). For more information, visit www.FacilitiesAdvisors.com, email gporter@FacilitiesAdvisors.com, or call 877-304-6700.
maintenance plan prepared by a credentialed facilities management expert. That addresses the cause, not the symptom.
PILLAR 1: MAINTENANCE—ENSURING THE LONGEVITY OF BUILDING SYSTEMS
Maintenance refers to the ongoing process of keeping a building’s systems, structures, and components in good working order. Preventive and corrective maintenance strategies are designed to prolong the life of these systems and prevent the need for more expensive repairs. Maintenance helps ensure that the building remains safe, comfortable, and functional while also mitigating potential risks to occupants.
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Preventive Maintenance
Preventive maintenance is the proactive approach to maintaining the building’s systems and infrastructure. This type of maintenance is done on a regular schedule to avoid system failures, enhance efficiency, and reduce the overall cost of repairs. These are common examples:
• HVAC Systems—Regular cleaning and servicing of heating, ventilation, and air conditioning (HVAC) systems prevents breakdowns and improves air quality. Replacing filters and inspecting ducts helps avoid potential fire hazards and maintain energy efficiency.
• Plumbing—Checking for leaks, clearing drains, and inspecting pipes can prevent water damage, mold growth, and flooding.
• Elevators—Regular inspection and lubrication of elevator mechanisms ensures that these high-traffic systems remain operational, which is essential for occupant safety, especially in high-rise buildings.
Preventive maintenance should be tailored to the specific needs of each building. Establishing a routine maintenance schedule based on manufacturer recommendations, environmental conditions, and the age of the building systems helps reduce the likelihood of equipment failure.
Corrective Maintenance
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Corrective maintenance is performed when a building system or component fails unexpectedly. Though preventive maintenance can reduce the likelihood of such failures, it’s not always possible to predict every issue. Corrective maintenance addresses these failures quickly and efficiently, restoring the functionality of the building’s systems and ensuring the safety of the occupants.
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For instance, if an electrical circuit fails or a roof starts leaking, corrective maintenance is required to fix the immediate problem. While reactive maintenance can sometimes be more costly than preventive actions, it is necessary for addressing unexpected issues.
Key Aspects of Effective Maintenance
To achieve effective maintenance, building owners and managers must implement strategies that include the following:
• Staff Training—Ensure that maintenance personnel are properly trained in all building systems.
• Equipment and Materials—Use high-quality materials and reliable equipment for repairs and upgrades.
• Recordkeeping—Maintain detailed records of all maintenance activities, including repairs, inspections, and replacements, for future reference.
PILLAR 2: INSPECTIONS— IDENTIFYING AND ADDRESSING SAFETY HAZARDS
Regular inspections are a vital component of building safety. Inspections allow property managers to identify potential hazards or code violations before they become serious threats. These checks are usually performed by qualified professionals who understand the intricacies of building codes, safety standards, and regulatory requirements.
Types of Inspections
There are several types of inspections that every building must undergo, depending on its size, age, and function. These include the following:
• Structural Inspections—These inspections focus on the integrity of the building’s
foundation, walls, and roof. Over time structural components may experience stress due to shifting soil, extreme weather conditions, or other environmental factors. A structural engineer typically conducts these inspections.
• Fire Safety Inspections—These inspections assess fire alarms, sprinklers, fire exits, and fire escapes, ensuring that fire suppression systems are in working order and that escape routes are clear and accessible.
• Electrical Inspections—An electrician or electrical engineer evaluates the wiring, outlets, circuit breakers, and other electrical components to ensure they comply with safety codes and standards.
• Elevator Inspections—Elevators, escalators, and lifts are subjected to routine inspections to verify their safety. A failure in an elevator could have catastrophic consequences, making regular inspections vital.
Compliance with Regulations
Building inspections ensure compliance with local, state, and national safety regulations. These regulations often evolve in response to new research, technology, and safety concerns. Regular inspections help ensure that a building adheres to the most current standards, reducing the risk of penalties and ensuring that the building remains insurable and safe for occupants.
In addition to mandatory inspections, it’s advisable to conduct periodic self-inspections. Building managers can walk through the property regularly, looking for signs of damage, wear, or safety hazards. These observations may help flag minor issues before they escalate into significant safety concerns.
Documentation and Follow-Up
After an inspection is conducted, a report should be generated to document the findings. The report will outline the issues identified and, in some cases, provide recommendations for corrective action. Promptly following up on these recommendations is essential to maintaining the safety and compliance of the building. Failure to address identified issues could lead to increased risks and potential legal liabilities.
PILLAR 3: RESERVE STUDIES—PLANNING FOR FUTURE MAINTENANCE AND REPAIRS
Reserve studies are long-term financial planning tools that help building owners anticipate future major repairs and replacements (MRR). These studies are crucial for ensuring that a building has the necessary financial resources available when it’s time to address aging systems or infrastructure.
What Is a Reserve Study?
A reserve study is a comprehensive analysis that outlines the expected lifespan of major building components and systems, such as roofs, HVAC systems, elevators, and parking garages. The study helps forecast when these components will need repair or replacement, and it recommends how much money should be set aside in a reserve fund each year to cover those future costs.
Reserve studies consist of the following three processes: 1. On-Site Physical Analysis—This includes identifying and performing a detailed assessment of the building’s systems and components. A professional will evaluate the condition of each element and estimate when it is likely to require replacement or major repair. The primary skill required for this process is facilities maintenance. While many reserve preparers are engineers, architects, or contractors, it is facilities maintenance knowledge that
allows the reserve analyst to best evaluate condition.
2. Valuation and Pricing—Most reserve preparers consider pricing of components to be part of the financial analysis, but it is actually a completely separate process requiring valuation skills. Reserve preparers should be familiar with valuation principles, understand what cost elements are, and which cost elements are applicable to each component.
3. Financial Analysis—Based on the physical analysis, the financial analysis determines how much money needs to be contributed annually to the reserve fund to ensure sufficient funds are available when repairs or replacements are needed. The financial analysis consists of (a) financial calculations, (b) financial modeling, and (c) financial reporting.
Importance of Reserve Studies
Reserve studies are essential for the following several reasons:
• Budgeting—Without a reserve study, building owners may struggle to budget for future repairs, potentially leading to large, unexpected expenses. A well-funded reserve account ensures that sufficient funds are available when major repairs or replacements are needed.
• Property Value—A building with a well-maintained reserve fund is more attractive to potential buyers. A reserve study provides transparency about the building’s long-term financial health, which can enhance the property’s value and marketability.
• Compliance with Laws and Regulations—In some states, reserve studies are required by law, especially for condominiums, homeowner associations (HOAs), and multi-family properties. Failure to comply can result in fines or legal challenges.
Updating Reserve Studies
Buildings and systems change over time. Therefore, reserve
studies should be updated regularly (usually every three to five years) to reflect any changes in the building’s condition as well as inflation or shifts in the costs of materials and labor. Regular updates ensure that the reserve fund remains adequate to cover future needs.
Integrating the Three Pillars
The three pillars—maintenance, inspections, and reserve studies—are interrelated. Effective maintenance reduces the likelihood of major failures, while regular inspections identify problems before they escalate. Reserve studies ensure that there are adequate financial resources to address both planned and unplanned repairs.
By integrating these three pillars into a comprehensive building safety program, property owners can ensure that their buildings remain safe, functional, and compliant with safety standards. The synergy between ongoing maintenance, diligent inspections, and proactive reserve planning creates a long-term safety net for the building, its occupants, and its financial health.
Planning Takeaways
Building safety requires a holistic approach that combines regular maintenance, thorough inspections, and forward-thinking reserve studies. This approach isn’t just about meeting legal requirements—it’s about protecting lives and property value.
Remember that maintenance is the cornerstone of building safety. While inspections and reserve studies are essential tools, they only identify and plan for issues. It’s the implementation of proper maintenance that actually prevents catastrophic failures.
For property managers and board members, now is the time to assess your current maintenance programs, inspection schedules, and reserve studies. Are they integrated? Are they being taken seriously? Most importantly, is maintenance being properly funded and carried out? n
Ten Tips on How to Avoid Being an Ineffective HOA Board Member
BY IRWIN M. JACOBS
Volumes have been written about how to be an effective member of a homeowner association (HOA) or condominium board of directors: comply with laws and governing documents, maintain the common areas, be a good steward of the finances, resolve conflicts, etc. But these generally accepted duties do not tell the whole story.
Having served in various leadership and management positions and on various types of boards over the years, I have developed a pretty good sense of what makes an effective board member. Contrarily, I have also seen some glaring examples of how not to act while serving on a volunteer board. This article reads between the lines—i.e., highlights some of those practices that do not make for an effective board member
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and, in the worst case, alienate the board member from the constituency he/she serves.
WHAT A BOARD IS AND IS NOT
What is—and what is not— an HOA (or condominium) board? HOA boards exist basically to govern the HOA— within certain limits as defined in the governing documents—in the name of the at-large membership. Boards set policy, do strategic planning, and oversee the management of the HOA. But they are influenced by their makeup; board members do not always have the skills and experience—at least initially—to govern effectively; and they do not always understand their roles or responsibilities.
In addition, boards are not intended to manage (as opposed to oversee) the operations of the
IRWIN M. (IRV) JACOBS
the HOA community. Some board members become so obsessed with power and ego that they forget they have been elected by the community at large, which has entrusted them with that power. This attitude will come back to bite them at the next election.
2. There is an implied contract between the residents and the board. The residents are expected to maintain their properties in an attractive condition and generally be good neighbors, while the board is expected to create a healthy and safe environment, maintain the common areas, and be good stewards of the HOA’s finances. Both parties are expected to uphold their respective provisions in the governing documents and comply with the rules and
regulations. When both parties “buy into” this agreement, it proliferates conditions that create and maintain a thriving, welcoming community and optimum value of individual properties.
3. Do not dismiss, or regard lightly, the participation or input of volunteers. Volunteers are the lifeblood of an HOA. The HOA’s residents represent a wealth of knowledge and are, in the aggregate, the most important resource in the community. Board members must treat residents with respect and master the art of approaching them and drawing out their willing participation. Volunteers need to feel valued, and while many will agree to work for the community out of a sheer sense of altruism, most will also appreciate being rewarded—by praise, if nothing else— for the tasks they perform. Board members must learn not to waste or abuse this precious resource.
4. Do not fail to respond to residents’ inquiries or other communications. Residents are the information source for much of what transpires in the community, either because they are reporting maintenance or landscaping issues, keeping the board informed of life-cycle changes, reporting observed violations, or simply submitting inquiries. But sometimes residents feel as if their communications to the board go into a black hole, never to be seen again. Every resident communication deserves to be answered, whether by a board member or the management company (if one is employed), depending on the nature of the communication.
5. Do not circumvent rules and regulations. Statutes, governing documents, and rules and regulations exist to promote good
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Important Notice for Condominium & Cooperative Associations
All condominium and cooperative associations are required to create an online account with the Division of Condominiums, Timeshares, and Mobile Homes by October 1, 2025. Through the online account, associations must submit:
• Association & board member details
• Building and assessment information
• Alternate funding methods
• Structural Integrity Reserve Study (SIRS) completion
SIRS Deadline:
All associations must complete a SIRS by December 31, 2025. If already submitted, no resubmission is required until the next study.
For More Details visit: https://www2.myfloridalicense.com/condominiums-and-cooperatives/create-onlineaccount/
governance and prevent chaos. Board members need to familiarize themselves with these documents and act accordingly. A recent instance of note involved a new board canceling the contract of a major vendor and executing a contract with a new one, all in a closed meeting, without proper notice as required, and otherwise without informing the community. Such lack of transparency and skirting regulations can cause ill will within the community. From time to time, bending the rules may be required, but not without appropriate justification and ensuring that the community is informed.
6. Don’t be afraid to admit your mistakes. One of the cardinal principles of leadership is to seek responsibility and take responsibility for your actions. Board members and boards collectively will make mistakes, but it’s important for board members to possess the sincerity, honesty, and candor to admit them and not foist the responsibility for them on others. When board members act with integrity when mistakes are made, it enhances the community’s regard for them.
7. Don’t shake off criticism. Board members are not infallible nor are they omniscient. Members of the community at large have previously served on boards and/or possess many actionable skills, and they are often in a position to provide sound advice and counsel to board members and to recognize practices that may or may not have proved effective in the past. When community members offer constructive criticism to the board, it should not be taken with a grain of salt but considered seriously.
8. Don’t micromanage. Boards engage primarily in policy and planning, but they also have a responsibility to oversee all of the HOA’s functions and ensure they are being carried out efficiently. Board members will frequently be assigned a particular area of the community’s functions to oversee—landscaping, maintenance, security, social and recreation, etc. In each case it’s the responsible board member’s job to ensure that the function’s proponent, whether management company or committee, is carrying out the appropriate tasks smoothly and generally has the function in hand. It is not the board member’s responsibility to take over the execution of the function.
9. Attack the message, not the messenger. Too often board members lose sight of the issue at hand and instead mount attacks on their colleagues because a colleague’s argument is different than their own. A board is a deliberative body, and as such its members will offer differing opinions based on their own backgrounds and experience. Attacking the messenger as opposed to the message is unacceptable and not worthy of a board member.
10. Do not cede the core of governance to a management company. Many HOAs employ management companies to manage their day-to-day operations, if not directly then by engaging thirdparty vendors. These areas of management typically include landscaping and maintenance functions, security, and accounting and bookkeeping, to name but a few. But some HOAs also allow the management company to execute key governance functions, such as the decision-making associated with violations and grievances. The management company may certainly perform the
administrative tasks associated with these functions, but to allow it to make actual disciplinary decisions with respect to residents is a clear abdication of the board’s inherent responsibility. The board, not the management company, is responsible for maintaining discipline among the members of the HOA.
CONCLUSION
The essence of being an effective board member is understanding and employing good management techniques. Some techniques are universal and straightforward, but others are learned only through experience and “the school of hard knocks.” The suggestions above fall into the latter category.
POST-SCRIPT
I began drafting this article in August 2023 to be submitted for publication as simple guidance for future boards. But as it turns out, at least one board violated the above principles at its peril. A local board in South Florida, seated in mid-2023, blatantly and continuously ignored the full panoply of these principles, and their HOA community finally said, “No more!” In late summer 2024 after hiring their own attorney, the community did what few HOAs or condominium communities in Florida have been able to do: They successfully ran a recall campaign, and the entire board was unseated. That community is now in the process of repairing the damage done by the previous board and is on the road to recovery. n
What it Takes to Change a Light Bulb
BY BETSY BARBIEUX, CAM, CFCAM, CMCA
I
f you stop and think about it, a community association manager can’t even change a light bulb without a service provider. Not that it is illegal for him to do so, but it involves more than the maintenance worker. A goods and services provider had to sell the manager a light bulb. Then there is the ladder, the electrical fixture, the pole or wall, the outlet, the studs, the foundation, and the roof. There must be some place to store the light bulbs and ladder, like a storage shed provided by a goods and services provider. What about the uniform
Photo by iStockphoto.com/Irina Gutyryak
the employee wears, the tools, the insurance, and the vehicle? The supervisor of the maintenance worker has an office that didn’t just appear totally stocked with office supplies and furniture. That office is most likely in a building with telephone/internet and a mailbox to which the invoices are delivered. Goods and services providers took care of all that too. Then if you keep going with your mind map, there are the roads that brought the goods and services to the manager, and the landscaping and irrigation, signs, the gate, and it goes on and on and on. So, stated again, a manager can’t change a light bulb without a goods and services provider! The companies that support our facilities, whether they are community association clubhouses, hotels, stadiums,
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.
arenas, civic centers, hospitals, schools, or office buildings, are vitally important. There are hundreds of thousands of such companies in the state of Florida. So how does a manager narrow down the field of providers? Managers should want to do business with companies that will truly be business partners, not just a run-of-the-mill goods and services provider. They should be choosing companies that are not just good but great. But, if managers have the belief they are just buying a light bulb, what difference does it make if the company is simply good but not great? What makes a company great, a great business partner? There are several criteria to consider—we’ll look at three of them. First, in today’s economy, for a good-to-great company to have
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GOOD-TO-GREAT COMPANIES MAY HAVE USED A MANTRA LIKE THE ONE USED BY JACK WELCH, CEO OF GE, SEVERAL YEARS
AGO. HIS MANTRA OF “FIX IT, OR CLOSE IT, OR SELL IT” TOOK GE FROM GOOD TO GREAT.
survived and emerged with a “new normal,” they recognized there had to be necessary endings. Put another way, it is internal pruning. Pruning is not just cutting company expenses or tightening the company belt; it is a strategic pruning with the company mission statement in full view.
For companies to have stayed alive over the past five years, they have strategically pruned goods, services, procedures, people, and any other processes and activities that did not directly support the company mission statement. These companies did not “hope” for it to get better. They recognized that the economy, if it did get better, would be a different better—a new normal. They faced the reality that there are necessary endings. Many companies had grown fat—too many unnecessary layers of
management, too many good products and services that prevented the best ones from shining and setting industry standards, too many meetings, and too many people who were not performing to their capacities.
Good-to-great companies may have used a mantra like the one used by Jack Welch, CEO of GE, several years ago. His mantra of “Fix It, or Close It, or Sell It” took GE from good to great.
Granted, our goods and services providers might not be as big as GE, and his mantra was extreme; but it’s obvious he did not sit around wringing his hands and wishing for things to get better. Companies that have faced reality and let go of the way things used to be are the ones that are surviving in today’s economy, and they are the ones managers should be hiring or buying from.
Second, providers that have taken the time to invest in the community association industries have done so by educating themselves about our unique needs and governance. In many cases, goods and services providers are not only dealing with a manager but also with a volunteer board of directors, which is very different, to say the least! Many boards of directors task the manager with seeking qualified business partners. Others operate with a hands-on attitude. Goods and services providers are then left to deal with multiple personalities, communication styles, decision-making criteria, and goals. Sometimes the chain of command or chain of decision is not clear. In some situations, decisions must wait for a vote of approval at board or owner meetings. Then there are all the statutes and administrative rules to which each type of facility must adhere. Plus, board members are subject to the restrictions in their community’s governing documents that they have taken an oath to uphold. Services providers are usually well versed in the statutes and state and local regulations that govern their areas of expertise, but not necessarily the laws of each type of facility.
Third, service providers who are truly your business partners understand the need to network, volunteer, and give back to the local area and to the industry. They fully understand that passing out flyers, cold calling, chapter memberships, or hit-and-miss print advertising won’t make the telephone ring or customers beat down their doors. Spending time with people who are in a similar industry to you, volunteering together, sharing success and failure stories, collaborating, struggling together in a poor economy, and doing the most they can to make life better is what it takes. Taking the time to develop those personal relationships improves any business. Relationship marketing works—it makes the telephone ring.
Whether you provide goods and services to community associations or not, it’s a good prescription for any business: prune, educate, and give back.
Management is doing things right; leadership is doing the right things. Peter Drucker n
How HOAs Can Make the Snowbird Transition Seamless Every Season
BY CAMILLE MOORE
Each year a familiar rhythm takes hold in many communities. As winter settles in up north, snowbirds return to their warm-weather homes, bringing fresh energy and renewed life to their neighborhoods. For HOAs this annual migration is both exciting and demanding. Seasonal residents enrich the community, but their arrival requires thoughtful preparation and careful management. When associations plan ahead, the transition can be seamless and enjoyable for both snowbirds and year-round residents.
ESTABLISH CLEAR COMMUNICATION CHANNELS
Communication is the cornerstone of a smooth snowbird transition. HOAs should proactively inform returning residents about community updates, new rules, or ongoing projects before they arrive. Sending seasonal welcome emails, updating community websites, and posting reminders on association portals help snowbirds quickly catch up on what they may have missed during the offseason.
Photo by iStockphoto.com/Maksym Belchenko
Additionally, HOAs should maintain accurate contact information for snowbird homeowners. Many residents prefer digital communications while they are away, so offering multiple channels such as email, online portals, or text alerts ensures they remain informed throughout the year.
PROVIDE SEASONAL WELCOME PACKETS
A thoughtful way to make snowbirds feel at home is by preparing seasonal welcome packets. These can include important dates such as board meetings or community events, reminders about dues or assessments, and helpful resources like local service provider directories.
HOAs might also include community maps highlighting new amenities or nearby attractions that have opened since last season. Providing this information up front saves residents from confusion and reinforces a welcoming, well-organized image of the community.
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STREAMLINE PARKING AND SECURITY MEASURES
The influx of seasonal residents often increases traffic and parking challenges. HOAs should revisit parking policies before snowbirds arrive, ensuring guest parking is clearly marked and enforcement procedures are communicated. Seasonal parking passes may also help simplify the process.
Security is another top concern for snowbirds, who may have left their homes vacant for months. HOAs can ease residents’ worries by providing updates on security patrols, installing cameras in high-traffic areas, and reminding homeowners about best practices for safeguarding their property. Simple steps such as verifying gate codes or resetting access cards can help prevent unauthorized entry while ensuring snowbirds transition smoothly back into their community routines.
ORGANIZE SOCIAL EVENTS FOR SEASONAL RESIDENTS
Snowbird season is an opportunity to strengthen community ties.
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HOAs can organize casual social events such as welcome-back mixers, holiday gatherings, or fitness classes to help seasonal residents reconnect with neighbors. These events encourage participation in community life and remind snowbirds why they chose the neighborhood in the first place.
By fostering inclusion, HOAs can also reduce the divide that sometimes arises between full-time and part-time residents. Events that appeal to all demographics help everyone feel valued and invested in the community.
EMBRACE TECHNOLOGY FOR YEAR-ROUND ENGAGEMENT
Technology is an invaluable tool for maintaining continuity with snowbirds. Virtual board meetings, online payment portals, and mobile apps for community updates allow residents to remain engaged even when they are miles away.
Associations that invest in user-friendly technology platforms create a seamless experience for snowbirds, who can stay connected to their community, access important documents, and even vote on association matters remotely. This continuity reduces the sense of disconnect that part-time residents sometimes feel.
PLAN FOR LONG-TERM IMPROVEMENTS
The snowbird transition isn’t just about welcoming residents each season. It’s also about building a sustainable system that makes their return easier year after year. HOAs should regularly review lessons learned from previous seasons, survey residents for feedback, and adjust policies accordingly.
For example, if parking became a recurring issue, the board might consider expanding designated spaces or adjusting enforcement. If communication gaps emerged, investing in a new platform could resolve them. Proactive adjustments demonstrate responsiveness and leadership, ultimately boosting resident satisfaction.
BY FOSTERING INCLUSION, HOAS CAN ALSO REDUCE THE DIVIDE THAT SOMETIMES ARISES BETWEEN FULL-TIME AND PART-TIME RESIDENTS. EVENTS THAT APPEAL TO ALL DEMOGRAPHICS HELP EVERYONE FEEL VALUED AND INVESTED IN THE COMMUNITY.
MAKE THIS SNOWBIRD SEASON SMOOTHER THAN EVER
Snowbird season should feel like a homecoming, not a hassle. By anticipating needs and delivering proactive solutions, HOAs can ensure seasonal residents experience a seamless transition every year. n
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From the Panhandle to the Keys, All Area Roofing delivers comprehensive roofing solutions. Services include roof replacements, repairs, inspections, maintenance programs, and storm damage restoration. As a GAF Master Elite® contractor, an honor achieved by only two percent of roofers nationwide, and with certification from most major roofing manufacturers, the company ensures every project meets the highest
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Community associations often manage multiple roofing systems across their properties, from shingle and tile to metal and flat/ low-slope roofs. All Area Roofing is uniquely equipped to handle them all. With certifications across nearly every major manufacturer, we bring consistency, expertise, and peace of mind to even the most complex projects. That means one trusted partner who can manage multi-system roofing needs seamlessly, extend the life of shared assets, and safeguard entire neighborhoods.
The team operates on a simple philosophy: protect what matters most by doing the job right the first time. That means transparent communication, skilled craftsmanship, and a proactive approach to maintenance that saves clients both money and stress in the long run.
For boards and associations, one key point is clear: preventive maintenance is essential. Small issues ignored today can quickly escalate into costly structural problems tomorrow. Partnering with a qualified, licensed, and insured roofing contractor is the best way to protect both property and liability.
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CCMC
CCMC is headquartered in Scottsdale, AZ. Since 1973 CCMC has been focused on serving large-scale, master-planned communities with an emphasis on a people-first approach and a commitment to our values of integrity, service, community, and respect. CCMC is more than a management company—we build community. We foster vibrant, well-managed communities with world-class, residentexperience programming that ensures residents feel at home and properties are cared for. Unlike one-size-fits-all providers, we tailor our services to each community’s unique needs, providing expert guidance, engaging lifestyle programs, and a dedicated team that builds strong relationships with homeowners and HOA boards alike.
CCMC’s community management staff is the longest tenured in the industry, powering stronger communities, supported HOA boards, and homeowners who want to see lasting value in their investment. That’s why we have a 98 percent retention rate, with many of our customers staying with CCMC for decades.
To learn more, visit www. ccmcnet.com/FCAP or contact us at Jacky.Ham@ccmcnet.com or 239-492-8140. n
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727-290-2578
jjaram@devinandco.com devinandco.com
Bank OZK 100 5th Street South St. Petersburg, Florida 33701 844-905-6975 www.OZK.com/association services
Cogent Bank 407-545-2662 www.cogentbank.com
Moving You Forward
FirstBank 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
