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Rembaum’s Association Roundup Construction Defects: From the Frying Pan into the Fire
Serving on a Florida Community Association Board: Responsibilities and Best Practices
The Role of Architectural Review Committees in Florida HOAs
Discrimination: Lawsuit Against Association Alleging FHA and Civil Rights Act Violations Can Proceed Forward
Journal Notes
Happy Labor Day! In June 1894 then President Grover Cleveland signed the act that Congress had passed establishing Labor Day as a legal holiday. According to history.com Labor Day, an annual celebration of workers and their achievements, originated during one of American labor history’s most dismal chapters.
The workers we focus on in this September issue are actually volunteers— the men and women who give freely of their time and services—who are working hard to take care of their communities. As Raj Baterina with Vesta Property Services says on page 8, “Being on the board means more than reviewing budgets or voting on landscaping decisions; it’s about making a meaningful difference and contributing to the well-being of the entire community.” She highlights the importance of strong communication, burnout prevention, and good community engagement.
On page 14 Ashley Dietz with Campbell Property Management lays out standards for effective financial stewardship, proactive asset management, transparent communication, legal compliance, and continuous education.
Turn to page 24 to read the article by Matt Walker with Sentry Management about how the management team and board of directors can build a strong, working relationship. He says, “To achieve their shared goal of protecting and supporting their community, these two parties should build and maintain a strong partnership.” He points out that it is important for both groups to understand their differing roles and responsibilities, set out clear expectations, establish reliable communication, use effective communication tactics, and focus on teamwork and respect.
On page 32 Jose Eguez with Fibernow shares about the technological advances that lead to "smart living" and smart communities. He talks about intelligent traffic management systems, smart streetlights, and smart waste management systems. He also shares what the technologies are that enable the smart community.
FLCAJ wishes you the best this September, and we look forward to hearing from you.
Editor
Publishers Richard Johns Dana Johns
Editor Michael Hamline
Art Director Nick Walker
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Building Better Boards: Communication, Collaboration, and Commitment
BY RAJIKA BATERINA
When a homeowner chooses to serve on the board of their community association, they take on a role filled with responsibility, influence, and opportunity. Being on the board means more than reviewing budgets or voting on landscaping decisions; it’s about making a meaningful difference and contributing to the well-being of the entire community.
But how can board members and community managers work together effectively? And how can they continue to make progress without burning out? The answer often lies in strong communication, a shared sense of purpose, and mutual respect.
THE REASON BEHIND SERVING
Board members are typically volunteers who live in the community and care deeply about it. Some step up to fill a leadership gap, others want to protect their property values, and many simply want to give back. Whatever the reason, choosing to serve deserves recognition and support.
However, good intentions alone are not enough. To serve effectively, board members need a solid understanding of their responsibilities. One of the most important
Photo by iStockphoto.com/Jacob Wackerhausen
responsibilities is their fiduciary duty to act in the best interest of the entire association, not just their own preferences.
Fiduciary duty means putting the needs of the community first. It involves making decisions that are fair, transparent, and consistent with the association’s mission and long-term goals. While this can sometimes lead to challenging conversations and differences of opinion, those challenges can be navigated more easily when everyone commits to respectful, productive communication.
ROLES OF THE BOARD AND MANAGEMENT
A successful boardmanagement relationship starts with clarity. The board is responsible for setting the direction of the association. This includes making decisions about policies,
Rajika “Raj” Baterina serves as a marketing assistant at Vesta Property Services, supporting both the marketing and business development teams. Her responsibilities include managing social media content, performing data entry, and providing general administrative assistance to ensure smooth and efficient operations.
Raj brings creativity, curiosity, and a proactive mindset to her role. She enjoys contributing innovative ideas and values being part of a collaborative and supportive team—regardless of distance. Outside of work, Raj spends her time exploring the outdoors, practicing photography, and enjoying meaningful moments with her family. For more information, visit VestaPropertyServices.com
budgets, and community priorities. Management, on the other hand, is responsible for carrying out those decisions and overseeing the day-to-day operations.
Think of it like a ship on a journey. The board decides where the ship should go, and the community manager helps chart the course, operate the ship, and deal with any obstacles along the way.
Managers are not decision-makers. They are trusted advisors who bring professional knowledge, resources, and experience to support the board’s vision. When board members trust their manager and avoid micromanaging, it allows for better efficiency and smoother operations. Conversely,
30 years of Community
SERVING ON THE BOARD IS AN ACT OF SERVICE, BUT IT CAN ALSO BE DEMANDING. WHEN THE WORKLOAD FALLS ON THE SAME FEW INDIVIDUALS, IT CAN LEAD TO BURNOUT. THIS
NOT ONLY AFFECTS THOSE MEMBERS PERSONALLY BUT ALSO CAN SLOW DOWN PROGRESS AND IMPACT THE BOARD’S OVERALL MORALE.
when a board is too detached, it can leave managers without the direction or support they need.
The most successful communities are those where the board and management have a strong sense of partnership. They understand each other’s roles and work together with mutual respect.
COMMUNICATION IS KEY
Strong communication is one of the most important elements of an effective board. It sets the tone not only for the board-manager relationship but also for how the entire community perceives its leadership.
One way to build strong communication is by setting expectations from the start. Establishing timelines, preferred communication methods, and decision-making processes helps eliminate confusion and keeps things running smoothly.
It’s also important to maintain professionalism. In communities where neighbors know each other personally, it can be difficult to separate personal relationships from board business. But doing so helps ensure that decisions are fair and focused on the community as a whole.
Technology can also play a big role. Using shared drives, group chats, or simple project tracking tools can help board members stay organized and on the same page, especially when some members live remotely or have busy schedules.
In addition, documenting important decisions and follow-ups is essential. Keeping clear records ensures accountability and helps the board reference past actions when similar issues come up in the future.
Consistency also matters. Regular check-ins between the board and manager, along with frequent updates to residents, help build transparency and trust.
AVOIDING BURNOUT
Serving on the board is an act of service, but it can also be demanding. When the workload falls on the same few individuals, it can lead to burnout. This not only affects those members personally but also can slow down progress and impact the board’s overall morale.
To prevent burnout, responsibilities should be shared as evenly as possible among board members. It’s helpful to delegate specific tasks or areas of focus so that no one is overwhelmed. Managers can also play a key role in supporting administrative and operational work, helping the board to focus on big-picture strategy.
It’s equally important to celebrate progress. Acknowledging accomplishments, even small ones, helps keep motivation high and reminds everyone why they got involved in the first place.
Board members should also recognize when it’s time to take a break. Serving should be a meaningful and fulfilling part of life, not a source of stress or exhaustion. Checking in with each other regularly can help identify when someone may need support or a lighter workload.
ENCOURAGING COMMUNITY ENGAGEMENT
An effective board is not just focused inward. The most successful boards find ways to involve residents and encourage participation. When homeowners feel heard and informed, they’re more likely to support board decisions and contribute positively to the community.
One way to do this is by creating opportunities for connection. Hosting informal gatherings such as coffee hours or casual community meetups can help board members build rapport with residents.
It also helps to educate homeowners about how the association works. Sharing information about board responsibilities, budget decisions, and upcoming projects increases understanding and reduces confusion.
Residents should be encouraged to participate, even if they’re not ready to serve on the board. Committees or task groups provide a great
WHEN RESIDENTS SEE THAT THEIR BOARD VALUES
COMMUNICATION AND COLLABO-
RATION,
IT FOSTERS A STRONGER, MORE CONNECTED
COMMUNITY.
way for people to contribute in smaller ways that still make a big impact.
Transparency is essential. Sharing meeting notes, project updates, and financial information helps residents feel included and builds trust in leadership.
When residents see that their board values communication and collaboration, it fosters a stronger, more connected community.
MOVING FORWARD TOGETHER
When boards and managers work together toward common goals, they create a solid foundation for their community. That partnership is built on trust, consistent communication, and a shared commitment to serving the best interests of the community.
Strong partnerships are marked by trust. Each party believes in the other’s integrity and competence. There is also consistency. Meetings are efficient, communication is clear, and expectations are met. Most importantly, there is forward movement. Projects are completed, finances are well-managed, and residents are engaged.
Even when challenges arise, a strong board-manager relationship allows communities to adapt, make thoughtful decisions, and keep things moving in the right direction.
FINAL THOUGHTS
Whether you are new to serving or have years of experience, remember that you’re part of a team. The goal is not to do everything yourself but to work together with fellow board members and your community manager to build something meaningful.
With strong communication, clearly defined roles, and mutual respect, you can create not only a better board but a better community. The work may not always be easy, but it is rewarding—and it has the power to make a lasting, positive impact for everyone who calls your community home. n
Photo by iStockphoto.com/JARAMA
Understanding Your Role as a Board Member in Florida’s Community Associations: An Updated Perspective
BY ASHLEY DIETZ
Florida’s vibrant communities thrive on the dedication of volunteer board members in homeowners’ associations (HOAs) and condominium associations. These individuals are crucial in steering their communities, yet their role has become significantly more complex in recent years due to a confluence of legislative reforms, economic pressures, and evolving resident expectations.
Community association boards are inherently unique; they are political, run by unpaid volunteers managing significant homeowner investments, often face divergent resident goals, and blur the line between personal life and “job” as their home is their workplace.
Let’s delve into the multifaceted duties these committed volunteers undertake.
FINANCIAL STEWARDSHIP: NAVIGATING A NEW FISCAL REALITY
Effective financial stewardship is paramount. Boards have a fiduciary duty to their associations. A good community association board member puts the interests of their association well above their own personal interests. Boards are responsible for overseeing association finances, including budgeting and making strategic
financial decisions. This responsibility has intensified dramatically in recent times.
Florida community associations, especially condominiums, are facing unprecedented budget challenges. Insurance premiums continue to be a major burden, often seeing substantial increases due to heightened climate risks, reinsurance market volatility, and post-Surfside liability concerns. Inflation, while moderating, still impacts operational costs from vendor services to utilities.
Crucially, recent legislation has
fundamentally reshaped financial obligations for condominiums and cooperatives. These laws mandate milestone inspections for residential condominiums or cooperative buildings with at least three habitable stories and prohibit the waiver or underfunding of reserves for structural components. This means boards must now allocate significant funds, leading to substantial increases in regular assessments or special assessments. While these measures aim to enhance building safety and long-term stability, they present immense challenges in balancing budgets and communicating these financial necessities to residents.
RULES AND REGULATIONS OVERSIGHT: BALANCING ENFORCEMENT AND FAIRNESS
Maintaining a harmonious living environment requires diligent oversight of community rules. The fining/compliance committee and architectural review committee (ARC) remain key.
Fining/Compliance Committee: Boards must ensure fair, transparent hearings for alleged violations, adhering strictly to established procedures. Consistent enforcement
Ashley Dietz has been handling the marketing at Campbell Property Management since 2013. She is a native Floridian who shines at building relationships and getting things done with a positive attitude. Ashley graduated summa cum laude from Florida Atlantic University with her bachelor’s in communications. She has always believed “knowledge is power” and has made it Campbell’s mission to offer free education through in-person events, webinars, and their blog, Florida Association News (FAN), to board members and property managers of condominiums and HOAs throughout Florida. Ashley has worked hard to spread the word about FAN, which currently has over 35,000 subscribers. To check out FAN and access all of Campbell’s past and upcoming webinars, visit ReadFAN.org. For more information, call 954-427-8770, email contact@CampbellPropertyManagement.com, or visit www.campbellpropertymanagement.com.
and meticulous documentation are vital to avoid legal challenges.
Architectural Review Committee (ARC): The ARC reviews ownerproposed modifications to comply with community standards. Decisions must be based on clearly defined, objective guidelines within governing documents to prevent disputes.
COMMON AREA MAINTENANCE AND ENHANCEMENT: PROACTIVE ASSET MANAGEMENT
The board oversees the physical well-being of common areas and amenities. Beyond routine upkeep, strategic planning for major capital repairs and improvements is now non-negotiable, particularly under the new condominium reserve funding mandates.
Boards must prioritize professional reserve studies and long-term maintenance plans. This proactive approach identifies necessary repairs, anticipates future needs, and allocates sufficient funds. For condominiums, detailed SIRS requirements mean boards are more rigorously accountable for structural integrity.
TRANSPARENT COMMUNICATION: ESSENTIAL FOR RESIDENT TRUST
Effective communication is the cornerstone of successful leadership. With increased assessments, new regulations, and the general complexity of community living, residents demand greater transparency.
Boards must proactively inform residents about the following activities, decisions, and financial matters.
Regular, accessible community meetings: Providing ample notice and accessible formats (e.g., hybrid options). All Zoom meetings must now be recorded.
Clear digital communication: Utilizing email, resident portals, and association websites.
Accessible official records: Ensuring residents can easily access governing documents, budgets, and minutes.
Transparent communication, especially when delivering difficult financial news, is crucial for fostering trust and demonstrating responsible governance, helping residents understand the “why” behind decisions driven by legislative requirements or market forces.
LEGAL COMPLIANCE AND GOVERNANCE: A CONSTANTLY EVOLVING LANDSCAPE
Florida community associations operate within a dynamic legal framework with HOAs being governed by Florida Statute 720 and condominiums being governed by Florida Statute 718. Boards must ensure their governance aligns with these statutes.
Post-Surfside legislation has significantly heightened the emphasis on legal compliance regarding building inspections, reserve funding,
and structural integrity. Boards must consult their association attorney to interpret complex legal requirements. This diligence safeguards the association from potential pitfalls and ensures decisions align with the broader legal framework. Recent legislative changes have also introduced stricter accountability measures for board members, including potential criminal penalties for certain violations and enhanced recordkeeping requirements.
CONTINUOUS EDUCATION AND CERTIFICATION: A MANDATE FOR COMPETENCE
Due to recent legislative changes, there are new certification and continuing education requirements for HOA and condominium board members.
Continued on page 20
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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 and must also complete one hour of legal continuing education annually.
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.
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.
CONCLUSION: THE EVOLVING ROLE OF A COMMUNITY STEWARD
Serving on a Florida community association board is a demanding yet profoundly important role. It requires dedication, responsibility, adaptability, and a deep understanding of an increasingly complex regulatory and economic environment. Board members are not merely volunteers; they are the strategic leaders and financial stewards of significant collective assets.
For those considering board positions, a thorough understanding of these expanded responsibilities is crucial. It is a commitment to ensuring the safety, financial health, and harmonious living environment of the community—a pledge to preserve property values and foster a thriving place for residents to call home. As unsung heroes, board members play a pivotal role in shaping Florida’s diverse and dynamic communities. n
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Effective Communication
COMMUNICATION THAT BUILDS TRUST
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Photo by iStockphoto.com/Ellagrin
COMMUNICATION IS KEY
BY MANNY SALOMON
Serving on a board of directors for a condominium association is a rewarding responsibility that requires strong leadership, communication, and collaboration. A key role of the board is to foster positive relationships between the board, property management, and residents. Clear and consistent communication is vital to maintaining trust and transparency within the community. Utilizing digital tools, such as a community website, allows for timely updates on policies, events, and important documents—not to mention a recent Florida law that condominium associations and HOAs with 25 units or more are required to have a website (flsenate.gov—Chapters 718 and 720) by January 1st, 2026. Additionally, a digital newsletter can be a valuable communication tool to share updates or highlight upcoming projects or concerns. Together these strategies create a connected and informed community, allowing all stakeholders to feel heard and involved. Serving on the board with a focus on open communication strengthens the overall well-being and harmony of your community.
Manny Salomon is owner of Florida Condominium Association Websites. For information on complying with Florida law for a website or creating a digital eNewsletter, visit CondoAssociationWebsite.com, call 954-662-0356, or email management@condoassociationwebsite.com n
BY MATT WALKER
A Building Strong Relationships Between Management and the Board
thriving community largely relies on a strong bond between its board of directors and management team. When built on trust, clear communication, and shared goals, this relationship fosters effective leadership, collaboration, and better decision-making, ultimately benefiting the entire community. To achieve their shared goal of protecting and supporting their community, these two parties should build and maintain a strong partnership.
Here are some strategies both parties can use to foster and sustain a healthy, successful relationship for the community’s benefit.
UNDERSTANDING AND DIFFERENTIATING ROLES AND RESPONSIBILITIES
Understanding the roles and responsibilities of each party within the community is crucial for establishing a solid partnership. The community board acts as the governing body—representing homeowners, setting policies, approving budgets, and making key financial and operational decisions in the community’s best interest. On the other hand, the community manager and/or the management company executes the board’s directives, handles daily operations, maintains vendor relationships, provides guidance, ensures enforcement, and more. When both parties have a clear understanding of their roles, they can work together more effectively to reduce confusion, manage expectations, prevent overstepping, and build a strong and healthy working relationship.
SETTING CLEAR EXPECTATIONS
Equally important as clarifying roles and responsibilities is establishing clear expectations. Typically the community’s contract will outline the scope of work, specifying the tasks and responsibilities the
Photo by iStockphoto.com/rudall30
community’s management team will be responsible for. During onboarding or at the start of a new board term, the management team should work closely with the board to discuss the expected work and how the details are to be handled to minimize confusion for both parties. For example, this discussion should outline task delegation, detail timelines, specify deliverables, and include other relevant details. This initial discussion will be highly effective in fostering a strong partnership and minimizing conflicts as this can serve as a reference point in the future for clarifying confusion or expectations from both parties. In the long run, setting these clear expectations early on helps prevent disagreements caused by assumptions and miscommunication, allowing both parties to develop mutual understanding and work together toward improving the community.
MATT WALKER, DIVISION PRESIDENT, SENTRY MANAGEMENT TAVARES
Matt Walker is the division president of Sentry Management Tavares. At Sentry Management our set of service standards, known as the Sentry Promises, ensures that association boards have a positive board-management relationship where they receive what they are promised in the areas that matter most: reliable communication, effective meetings, community presence, on-time and accurate financial reporting, vendor coordination, and simplified technology solutions. For Sentry employees the Promises go beyond service—they form the foundation of our shared purpose of nurturing communities that we are all proud to call home. To learn more about Sentry Management, please visit sentrymgt.com
ESTABLISHING RELIABLE COMMUNICATION
Reliable and consistent communication is vital for successful relationships between the board and management. This involves open communication, such as regular meetings or calls, weekly updates, and the use of collaborative tools to monitor open tasks assigned to managers or the board. Establishing clear communication standards and procedures, such as designating a specific point of contact with the board or discussing preferred methods of communication, helps the management team ensure that nothing is overlooked and prevents either party from feeling overwhelmed or left out of the loop.
USING EFFECTIVE COMMUNICATION TACTICS
Beyond ensuring reliable communication, how you communicate is also an important component in successful working relationships. Both parties should use effective communication strategies to maintain a respectful and professional tone throughout all interactions. Even when frustrations happen, staying courteous, patient, professional, and fact based helps address concerns without damaging the relationship.
Transparency can also help prevent confusion and build trust. If concerns, delays, or misunderstandings occur, transparent communication can help resolve these issues early.
And, by using active listening, constructive criticism, and ongoing feedback, both sides benefit and encourage a deeper understanding of each other’s perspectives in all interactions. In fact, both parties should create an environment where feedback is given and received without fear of repercussions. By applying these strategies, both sides can find common ground and work more effectively as a team.
FOCUSING ON TEAMWORK AND RESPECT
Ultimately, all actions by the board and management should be driven by a single purpose: prioritizing the community’s best interests. This shared mission forms the foundation of the partnership, and both sides should keep it in mind to promote teamwork and mutual respect. Remember: you’re in this together— collaborate, strategize, and communicate! Whenever possible, build rapport. When a project is completed, a budget is balanced, or a challenging situation is resolved, take a moment to acknowledge the team’s effort and celebrate the successes together. This approach can shift board-management interactions from
purely transactional to more collaborative. And while disagreements are inevitable, handle conflicts with a solutions-oriented mindset, focusing on resolving issues rather than assigning blame. When mutual respect exists, working together becomes more rewarding, and in turn the community benefits from a strong partnership.
A strong and effective boardmanagement relationship is essential for the long-term success of any association. When both parties share the same mission, communicate clearly and consistently, respect each other’s roles, and remain focused on common goals, the resulting partnership helps build a thriving, unified community. By committing to mutual respect, transparency, and continuous collaboration, boards and management teams can work together to achieve meaningful results and ensure the ongoing success of the communities they serve. n
So You Want to Be a Board Member…
BY JAMES BOURASSA
Taking on the role of board member in an association is no small task. Often the motivation is to make a difference and initiate change. However, what many do not anticipate is the volume of work that is required. We have all witnessed a resident in the crowd at a board meeting who has a lot to say about the issues up for discussion, or even those that are not. The time allotted to voice his or her opinion simply isn’t enough, and soon her name appears on the ballot. She gets elected, takes a seat at the table, and is off to the races. As time progresses, and she sees how “the sausage is made,” she realizes that there is a lot more to the role than just attending board meetings. There are projects and improvements to contemplate, management staff and vendors to monitor, several meetings to attend, and very importantly, a budget to formulate and adhere to. It is indeed like managing a corporation, only they are volunteers. It truly can be a thankless job. The time required to be a board member impacts valuable family time and possibly a paying job. It is not for everyone, and some realize that in time.
RESIDENT RELATIONS
A new board member is sure to have acquaintances and friends in the community. It is human nature to want to help those individuals with their wants and needs. It is critically important to treat all residents the same and not play favorites. This can be difficult, but board members have a fiduciary role, which impacts multiple facets. One of those is to enforce the rules and regulations equally to prevent selective enforcement. Board members will no doubt be
Photo by iStockphoto.com/Prostock-Studio
approached by residents when going for a walk or having a swim. It is important to direct them to the correct channels, which may be placing a work order with the management company or attending a board meeting.
BOARD MEETINGS
A well-run board meeting requires organization. This starts with an agenda that captures all of the items that the board plans to address. The board and manager should stay on task and not stray from the agenda items. A meeting should never last several hours. There is an abundance of preparation required by the property manager and staff. The board should receive a meeting packet at least a few business days in advance, so they have an opportunity to review minutes, financials, proposals, and other
JAMES BOURASSA, VICE PRESIDENT OF PROPERTY MANAGEMENT, SEACREST SERVICES
James Bourassa is a seasoned and experienced professional. In 2009 he made the change to residential property management and joined the Seacrest family. Bourassa served as a community association manager, primarily handling gated HOA communities. He dedicated himself to providing the highest level of service to his community’s board of directors and residents. In May 2018 Bourassa was promoted to the position of regional director and brought his strong work ethic, professionalism, and customer service experience to his new role. As a regional director he continued his growth and knowledge of the industry as well as the art of negotiations, diplomacy, relationships, and leadership. In March 2022 he was named director of property management, and in March 2023 he was promoted to vice president of that division. He is truly a “company man” and is a firm believer in Seacrest and its team. James is a native Floridian and lives in Tequesta with his wife Tara, son Taylor, and daughter Arielle.
important information which will be discussed. Residents should be given the time to speak, but only at the appropriate juncture; and comments should be kept brief and to the point. It is the president’s duty (or property manager in some instances) to maintain order and to ensure that there is a productive atmosphere. Running an efficient board meeting not only results in a well-run community but instills confidence in the residents.
BEING A BOARD MEMBER IS MUCH MORE THAN A RESUME BUILDER, WHICH NEW MEMBERS LEARN QUICKLY. IT IS ABOUT ENSURING THAT THE COMMUNITY IS BEING RUN EFFECTIVELY IN ALL ASPECTS. THIS RESULTS IN A DESIRABLE PLACE TO LIVE AND, IN TURN, LEADS TO HIGHER PROPERTY VALUES, WHICH IS IN EVERYONE’S BEST INTEREST.
RELATIONSHIP WITH THE MANAGEMENT COMPANY
One of the most, if not the most, important partnerships in a community is that between the association and the management company. There is a common goal: to maintain an aesthetically pleasing and fiscally responsible community. The property manager is the captain of the ship and is tasked with not only working with the board and the residents but also managing a productive staff. Board members should work through the property manager and regional director to address staffing issues rather than approaching staff individually. An effective manager will take as much work away from the board as possible, presenting them with decisions to be made, not research to conduct. Proposals for projects should be apples to apples, and vendors should be vetted. Therefore, the board simply must have a discussion and vote. The corporate office of the management company plays an important role in a successful partnership. The regional director should maintain effective communication and meet with the board on a regular basis to ascertain which departments are performing well versus which need improvement. The regional director is the conduit between the property and the corporate office. The monthly financial reports are typically generated from the corporate office and contain vital information. The board relies on timely and accurate reports so they may relay the information to the membership and know the amount of funds they have available to spend. The primary difference between a self-managed community and a community run by a management company is support. There should be multiple levels of support as well as checks and balances, providing the board and residents with the comfort of knowing they are in good hands. Being a board member is much more than a resume builder, which new members learn quickly. It is about ensuring that the community is being run effectively in all aspects. This results in a desirable place to live and, in turn, leads to higher property values, which is in everyone’s best interest. n
Smart Living: Transforming Homes and Communities for a Connected Future
BY JOSE EGUEZ
I
n an era defined by rapid technological advancement, the concept of “smart living” has transcended the realm of science fiction to become a tangible reality. It signifies the integration of technology into our homes and communities to enhance convenience, efficiency, sustainability, and overall quality of life. This transformation is not merely about installing gadgets; it’s about creating interconnected ecosystems that intelligently respond to our needs and contribute to a more harmonious and sustainable existence.
THE DAWN OF THE SMART HOME
At the heart of smart living lies the smart home, a dwelling where various devices and systems are interconnected and can be controlled remotely or automatically. This can range from simple setups like smart lights and thermostats to complex integrations encompassing security systems, appliances, entertainment, and even health monitoring. The foundation of the smart home is built upon the Internet of Things (IoT), a network of
Photo by iStockphoto.com/Andrey Suslov
physical objects embedded with sensors, software, and connectivity that allow them to collect and exchange data. In a smart home these IoT devices communicate with each other and with users through centralized hubs, smartphone apps, or voice assistants.
Imagine waking up in the morning to your smart blinds gradually opening to let in natural light, your smart thermostat adjusting the temperature to your preferred comfort level, and your smart coffee maker brewing your morning cup— all orchestrated seamlessly before you even leave your bed. This level of automation and personalization is a key benefit of smart homes, saving time and effort while creating a tailored living experience.
Beyond convenience, smart homes offer significant advantages in terms of energy efficiency and cost savings. Smart thermostats learn your habits and optimize heating and cooling,
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reducing energy consumption. Smart lighting systems can be programmed to turn off in empty rooms or adjust brightness based on ambient light. Smart appliances can be monitored and controlled for optimal energy use. These features not only lower utility bills but also contribute to a smaller carbon footprint.
Enhanced security is another compelling aspect of smart homes. Connected security cameras, motion sensors, smart locks, and alarm systems provide real-time monitoring and alerts, allowing homeowners to keep an eye on their property from anywhere in the world. Smart
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doorbells with video capabilities enable you to see and communicate with visitors remotely, adding an extra layer of security and convenience.
EXPANDING THE HORIZON TO SMART COMMUNITIES
The principles of smart living extend beyond individual homes to encompass entire communities. Smart communities leverage technology to improve urban infrastructure, public services, and the overall living environment for residents. This involves the interconnectedness of various systems, including transportation, energy grids, waste management, public safety, and more.
In a smart community, intelligent traffic management systems can optimize traffic flow based on real-time data, reducing congestion and commute times. Smart streetlights can adjust their brightness based on pedestrian and vehicle activity, saving energy and enhancing safety. Smart waste management systems can monitor fill levels in bins and optimize collection routes, leading to greater efficiency and cleanliness.
Public safety is significantly enhanced in smart communities through the deployment of interconnected surveillance systems, smart sensors for detecting environmental hazards, and intelligent emergency response systems. These technologies enable faster and more effective responses to incidents, improving the safety and security of residents.
Sustainability is a core focus of smart community development. Smart grids optimize energy distribution and can integrate renewable energy sources more effectively. Smart water management systems can detect leaks and monitor water usage, promoting conservation. Data analytics from various urban systems can inform planning and resource allocation to create more
sustainable and resilient communities.
Moreover, smart communities often prioritize enhancing the quality of life for residents through improved public services and amenities. This can include smart parking systems that guide drivers to available spots, digital platforms for accessing community information and services, and smart recreational facilities that offer personalized experiences.
ENABLING TECHNOLOGIES
Several of the following key technologies underpin the development of smart homes and communities:
Internet of Things (IoT)—As mentioned earlier IoT is fundamental, providing the connectivity and data exchange capabilities for smart devices and systems.
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Artificial Intelligence (AI) and Machine Learning (ML)— AI and ML enable smart systems to learn from data, make intelligent decisions, and automate tasks. This is crucial for personalized experiences, predictive maintenance, and optimizing resource allocation.
5G and High-speed Connectivity—Robust and high-speed network infrastructure is essential for seamless communication between a multitude of smart devices and systems, especially in smart communities.
Cloud Computing—Cloud platforms provide the processing power and storage necessary to handle the massive amounts of data generated by smart living ecosystems.
Data Analytics—Analyzing the data collected from smart devices and systems provides
valuable insights for optimizing performance, identifying trends, and improving decision-making in both homes and communities.
Sensors and Actuators—These components are the eyes and hands of smart systems, collecting data from the environment and executing commands to control devices.
CHALLENGES AND CONSIDERATIONS
Despite the numerous benefits, the widespread adoption of smart living faces several of the following challenges:
Privacy and Security Concerns—The collection and sharing of vast amounts of data raise concerns about privacy and the potential for cyberattacks. Robust security measures and clear data privacy policies are crucial.
Interoperability and Standards—The lack of universal standards can lead to compatibility issues between devices from different manufacturers, hindering seamless integration.
Cost of Implementation—While the cost of some smart devices has decreased, building a fully integrated smart home or community can still be a significant investment.
Digital Divide—Ensuring equitable access to technology and connectivity is essential to prevent the creation of a digital divide within communities.
Data Management and Ownership—Determining who owns and controls the data generated by smart systems is a complex issue that needs to be addressed.
Complexity and User Friendliness—Some smart technologies can be
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complex to set up and manage, requiring technical expertise. User-friendly interfaces and intuitive controls are important for broader adoption.
THE FUTURE OF SMART LIVING
The future of smart living holds immense potential. We can expect to see even more sophisticated AI-powered systems that can anticipate our needs and provide highly personalized experiences. The integration of smart homes into smart communities will become more seamless, creating truly interconnected urban environments.
Emerging trends include the increasing focus on sustainability, with smart systems playing a key role in optimizing energy and water usage, promoting renewable energy, and facilitating waste reduction. Smart health and wellness applications will become more prevalent, with wearable devices and in-home sensors providing personalized health monitoring and support.
As technology continues to evolve, smart living will become increasingly accessible and integrated into our daily lives. The focus will shift from individual smart devices to interconnected ecosystems that provide holistic solutions for enhancing our homes and communities, leading to a more convenient, efficient, sustainable, and enjoyable future for all. Addressing the challenges and ensuring responsible development will be crucial to unlocking the full potential of this transformative trend. n
EMERGING TRENDS INCLUDE THE INCREASING FOCUS ON SUSTAINABILITY, WITH SMART SYSTEMS PLAYING A KEY ROLE IN OPTIMIZING ENERGY AND WATER USAGE, PROMOTING RENEWABLE ENERGY, AND FACILITATING WASTE REDUCTION. SMART HEALTH AND WELLNESS APPLICATIONS WILL BECOME MORE PREVALENT, WITH WEARABLE DEVICES AND IN-HOME SENSORS PROVIDING PERSONALIZED HEALTH MONITORING AND SUPPORT.
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HOA Board vs. HOA Management Company: Who’s Responsible for What?
BY CAMILLE MOORE
Homeowners’ associations (HOAs) serve as the backbone of many residential communities, providing structure, stability, and a framework for maintaining shared spaces. But while residents often look to the HOA as a singular entity, it is typically powered by two distinct groups: the HOA board and the management company. Understanding the differences in their responsibilities is essential for smooth operations, community satisfaction, and effective governance.
Confusion or overlap between these roles can lead to inefficiencies, frustration, or missed opportunities. That’s why a clear understanding of “who does what” is not just helpful, it’s a must.
THE ROLE OF THE HOA BOARD
The HOA board of directors is composed of elected homeowners who volunteer to oversee the community’s governance. These individuals act as fiduciaries, meaning they are legally and ethically bound to act in the best interests of the community.
Some of the core responsibilities of the HOA board include the following:
GOVERNANCE AND POLICY SETTING
The board handles establishing and enforcing community rules and regulations. These policies help preserve property values and create a consistent quality of life across the neighborhood. The board also updates governing documents when
necessary, often with the help of legal counsel and homeowner approval.
FINANCIAL OVERSIGHT
One of the most critical responsibilities of the board is managing the HOA’s finances. This includes approving annual budgets, setting assessment amounts, and overseeing reserve funding. Boards also approve contracts for vendors, major repairs, and capital improvements.
STRATEGIC DECISION-MAKING
The board determines the overall direction of the community. This includes planning for long-term projects, setting priorities for maintenance and improvements, and making decisions that impact the community’s future well-being.
HOMEOWNER RELATIONS AND DISPUTE RESOLUTION
Board members often serve as a point of contact for homeowners, especially when there are disputes, violations, or concerns about community operations. While many of these tasks are handled with the support of the management company, final decisions usually rest with the board.
OVERSIGHT OF THE
MANAGEMENT COMPANY
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Although management companies assist with operations, the board retains ultimate authority. They hire, evaluate, and—if necessary—terminate the management company’s services.
THE ROLE OF THE HOA MANAGEMENT COMPANY
The management company is a professional firm hired by the board to handle the day-to-day operations of the association. These companies provide the administrative expertise, infrastructure, and continuity that volunteer boards often lack.
Typical responsibilities of an HOA management company include the following:
ADMINISTRATIVE SUPPORT
HOA management companies handle administrative tasks such as scheduling board meetings, preparing agendas and meeting minutes, mailing notices, and managing association records. They help ensure that the board functions smoothly and efficiently.
FINANCIAL MANAGEMENT AND REPORTING
While the board oversees the budget, the management company is often responsible for collecting dues, paying vendors, managing bank
accounts, and preparing monthly financial statements. Their expertise ensures compliance with accounting standards and helps maintain financial transparency.
VENDOR COORDINATION AND PROJECT MANAGEMENT
Management companies obtain bids, coordinate with contractors, and supervise vendors on behalf of the board. Whether it is landscaping, roof repairs, or pool maintenance, the management company ensures work is completed according to contract terms and timelines.
COMPLIANCE AND ENFORCEMENT
When homeowners violate rules, the management company typically sends courtesy notices, violation letters, or fines as directed by the board’s enforcement policy. While they manage the process, enforcement decisions remain under the board’s authority.
HOMEOWNER COMMUNICATION
The management company acts as the primary liaison between the board and residents. They respond to homeowner inquiries, process architectural review requests, and help resolve issues promptly and professionally.
REGULATORY COMPLIANCE AND GUIDANCE
HOA management companies stay informed about changing state laws, local regulations, and best practices. They help the board remain compliant with legal requirements and offer guidance on complex governance matters.
COLLABORATION IS KEY
The success of an HOA depends not on the separation of these roles but on the synergy between the board and the management company. The board provides leadership and sets the strategic vision. The management company brings the operational skill set and industry knowledge to turn that vision into reality.
For this partnership to work well, there must be mutual respect, clear communication, and a shared commitment to serving the community. Boards that understand their oversight role—and management companies that respect the board’s authority—tend to see higher homeowner satisfaction and more consistent long-term outcomes.
COMMON MISCONCEPTIONS
Some homeowners mistakenly believe the management company “runs” the HOA. In truth, the company serves at the direction of the board and cannot make policy decisions. Likewise, board members should not be burdened with managing day-to-day issues, which fall squarely within the management company’s scope.
Another misconception is that board members must have all the answers. While board members are accountable to the community, they are not expected to be legal experts, contractors, or accountants. A good management company fills in those gaps with professional expertise and operational support. n
Building Better Communities: A Guide to Effective Association Governance
BY ZULY MARIBONA
The effective operation of community associations protects property values and creates a harmonious living environment for all owners. The keys to achieving this are understanding effective communication: sound board practices; the board’s fiduciary relationship to owners; and how to cultivate an excellent working relationship between the board, its management team, and professional partners. A community association is at its core a business, and it demands the same level of strategic thinking and disciplined execution as any successful enterprise. When board members approach their roles with subjective, personal opinions and agendas, meetings can quickly devolve into a “he said/she said” scenario, undermining the collective success. Instead, adopting a business-like approach with the right structures and processes in place will safeguard the community’s assets and ensure its smooth operation. While the management team is integral, the board’s role is to govern the overall operation and develop the right partnerships that extend beyond just management. It’s important to recognize that management companies, while experts in many areas, may not have expertise in every field.
It is perfectly acceptable to seek professional guidance from a network of
Photo by iStockphoto.com/Feodora Chiosea
trusted partners, such as legal counsel, landscaping or elevator vendors, and engineers for structural or infrastructure concerns. By leveraging these subject matter experts, the board avoids the burden of having to run the entire operation themselves. This collaborative approach empowers the board to make informed decisions, ensuring compliance and the highest standards of maintenance all while fulfilling their core governance responsibilities.
UPHOLDING THE BOARD’S FIDUCIARY RELATIONSHIP TO OWNERS: TRUST AND DILIGENCE
The success of a community association hinges on its board members’ commitment to their fiduciary relationship to owners. In Florida, new legislation emerges every year to guide associations, complementing existing governing documents specific to each community. Board members are governed by both state laws and their association’s unique documents, which outline the rules,
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positions, and responsibilities of each board member. Much like any governing body, ethics and objective decision-making are essential. The management team is there to protect everyone’s interests and manage day-to-day operations based on the policies outlined in the governing documents.
The intent of each board position is clearly defined. For example, the treasurer’s role is to safeguard the financial health of the association, rather than individually controlling finances or spending at will. The president, often seen as the “captain of the ship,” presides over the association, wielding a quasi-decision-making power to keep the organization afloat and running smoothly. The management team operates under the board’s collective direction. It is integral to ensure all members participate as they each have equal votes and contribute to a unified vision.
ESTABLISHING A SOUND ORGANIZATIONAL STRUCTURE AND PROCESS
An association’s sound organizational structure and clear process means the board should have oversight of all procedural aspects from policy development and procedural plans to meeting cadence.
Breakdowns often occur due to a lack of proper communication and transparency regarding the board’s mission and purpose.
Effective communication must be an integral part of this structure. This includes the following:
Routine Board Meetings— Membership should be regularly informed of meeting schedules, whether monthly or quarterly.
Workshops Before Contentious Decisions—Hosting a workshop before the official meeting where the vote occurs allows residents to speak up and management to explain the rationale behind proposed actions.
“Coffee and Conversations”—Informal gatherings like these can be incredibly helpful in diffusing negative chatter.
Comprehensive Newsletters and Updates—Consistent newsletters that include dedicated sections from the president, board, and management team along with general community updates ensure residents feel “in the know.”
Transparency is key. While boards are elected to be decisionmakers and must understand what information should and shouldn’t be shared with membership, it is equally important to educate the community about the board’s role. Board orientations are vital, especially around election time or when new members are appointed. These orientations should cover financial reviews, organizational overviews and legal or financial workshops. They provide new board members with the necessary tools and knowledge to effectively serve the community.
LEVERAGING TECHNOLOGY FOR IMPACTFUL CONVERSATIONS
In today’s fast-paced world,
technology enables efficient communication and operations. For volunteer board members it can streamline mundane tasks, freeing up valuable time for more impactful conversations and direct engagement with residents. Tools that facilitate electronic voting and the easy dissemination of important documents enhance transparency and accessibility. When residents and board members can get up to speed more efficiently, it opens the door to more productive discussions and collaborative problem-solving. Having the right systems and resources in place isn’t just about efficiency; it’s about building a more informed and engaged community.
Beyond the practicalities, boards must embrace transparency and understand their governing documents and state statutes. While board members are not expected to be legal experts, they must comprehend policies that guide processes like board meetings. This often involves fine-tuning anything that might feel like a gray area, such as developing clear policies around ethics.
A fundamental aspect of effective board practice is ensuring all members and vendor partners abide by respectful behavior. Instances of name-calling at meetings or mistreating vendors can erode trust and productivity. A clear code of conduct is a powerful guideline for creating a healthy and productive environment. It should emphasize that directors, officers, management, and employees will work together in a cooperative spirit in the best interest of all members of the association.
SETTING CLEAR PRIORITIES AND VISION
One of the most critical challenges facing many boards is the tendency to try and tackle everything at once, leading to a feeling of being overwhelmed and with little actual progress. To be truly effective, a board must prioritize. This means developing both a short-term plan and a long-term vision for the association and clearly communicating these priorities so everyone knows what’s happening.
A goal-setting retreat can be invaluable for this purpose, allowing the board to collaboratively define the following:
• The roles and boundaries between the management company and the board.
• Policies on records management and financial goals, including reserve funding.
• Review and enforcement of rules and regulations.
• Communication strategies, including agendas, minutes, newsletters, and surveys.
• Meeting schedules and structures.
• The function of various committees.
By setting clear, attainable goals, a board can avoid member exhaustion and instead channel its energy into strategic initiatives that truly benefit the community.
A strong community association thrives on a foundation of mutual respect, clear communication, shared understanding of roles and responsibilities, and a steadfast commitment to the board’s fiduciary relationship to owners. When board members and management work in tandem, guided by a collective vision and supported by the right professional partnerships and technological tools, they transform the challenging task of community governance into a rewarding journey of collective progress. n
Fifty Years Strong:
The Space Coast Communities Association (SCCA)
Celebrates a Legacy of Service, Education, and Advocacy
BY SCCA
In the mid-1970s Florida’s Space Coast was experiencing an unprecedented boom in condominium development. With thousands of new units rising along the shoreline and an influx of residents navigating unfamiliar legal and operational responsibilities, a critical need emerged: guidance, education, and a unified voice for associations. Out of that need, the Space Coast Communities Association (SCCA) was born.
Established in 1975 by four visionary volunteers in Cocoa Beach, the organization— originally known as the Space Coast Condominium Association—set out to equip association leaders with the tools, knowledge, and representation they needed. Fifty years later, the SCCA has grown into a powerful and respected nonprofit representing nearly 20,000 units across Brevard, Indian River, and South Volusia Counties, supporting not only condominiums but also homeowners’ associations, cooperatives, and timeshare associations.
A NEW CHAPTER OF LEADERSHIP
As the SCCA marks its 50th year, it does so under the guidance of a dedicated leadership team built on the foundation laid by those who came before. The sudden passing of longtime President Roger Kesselbach in 2023 left a significant void—his steady
Photo courtesy of Space Coast Communities Association
presence and deep involvement for more than two decades were integral to the organization’s identity. Roger led the SCCA for 20 years, during which he was instrumental in shaping it into the respected, member-driven association it is today. He was known for his tireless commitment to advocacy and his ability to connect with both volunteers and professionals in the field. Though his absence is deeply felt, the response from the board and broader SCCA community has been one of unity and shared commitment. His legacy of thoughtful leadership and service continues to guide the SCCA’s mission.
President Terrie Kroger, who first became involved with the SCCA in 2008 and joined the board in 2018, stepped into a leadership role in 2023 during a time of transition and renewed momentum. This new era is
CELEBRATING THE PAST, SHAPING THE FUTURE
As the SCCA continues celebrating its 50th year, its focus remains clear: equip community volunteers with the tools, knowledge, and connections they need to govern responsibly and confidently. The milestone is not just a reflection on the past—it’s a recommitment to the values that have made the organization essential for five decades.
With nearly 250 member associations and over 200 business partners, the SCCA is more than an organization—it’s a community dedicated to the betterment of community living on the Space Coast.
To learn more, register for events, or become a member, visit scca-online.org. Join us as we continue celebrating 50 years of leadership, education, and service—one meeting at a time.
marked by a shared focus on communication, growth, and practical support for associations—a vision shaped collectively by the current board, member volunteers, industry professionals, and longtime business partners.
Recent initiatives reflect this collaborative effort to enhance the member experience, including the release of an updated information brochure, hiring of a media consultant, relocating monthly meetings to a more accessible venue, and introducing vendor-sponsored refreshments at events to increase engagement and value. President Kroger and the board continue to prioritize timely education, legislative awareness, and meaningful connections between association leaders, volunteers, and service providers.
TODAY’S
LEADERSHIP REFLECTS
A SIMILAR COLLABORATIVE SPIRIT, WITH MANY VOICES CONTRIBUTING TIME, EXPERTISE, AND DEDICATION TO HELP THE SCCA THRIVE WELL INTO THE FUTURE.
Among the current board, Jackie Grant and her husband, Maurice Carter, serve as secretary and treasurer and have been involved since the organization’s early days. Recognizing the need for more hands-on support for volunteer boards, Jackie and Beverly Gauthier founded the President’s Forum—now a core component of the SCCA’s programming. Jackie also coordinates the monthly educational speakers, selecting topics based on member feedback.
The SCCA’s legacy of leadership is rooted in the contributions of many. Founding President Harry Charles helped shape the organization’s early direction and credibility, working alongside legal pioneer Gary Poliakoff, a key advisor and educator often called the father of Florida condominium law. Attorney and author Peter Dunbar has long supported the SCCA through classes, book signings, and legislative updates. Jonathan Peet, CPA and former DBPR official, introduced the innovative “pooling” method of budgeting, which he promoted to members with the support of Charles.
Today’s leadership reflects a similar collaborative spirit, with many voices contributing time, expertise, and dedication to help the SCCA thrive well into the future.
ONGOING EDUCATION IN THE 50TH ANNIVERSARY YEAR
Education remains at the heart of the SCCA’s mission. The association’s monthly seminars and President’s Forum offer timely, relevant programming on the most pressing issues facing Florida’s residential communities.
After a short summer hiatus, during which members gathered in
Photos courtesy of Space Coast Communities Association
RELIABLE COMMUNICATION THAT’S SENTRY
Sentry’s community managers respond promptly and accurately to association queries. We understand that you need an acknowledgment that we heard you and that a solution is in progress.
IN ADDITION TO THE MONTHLY SEMINARS, THE SCCA’S PRESIDENT’S FORUM CONTINUES TO OFFER ASSOCIATION LEADERS A CONFIDENTIAL SPACE TO NETWORK, SHARE CHALLENGES, AND DISCUSS BEST PRACTICES. THESE MEMBER-ONLY ROUNDTABLES REMAIN ONE OF THE ORGANIZATION’S MOST VALUED OFFERINGS.
July for a special 50th anniversary luncheon honoring five decades of service and leadership, programming started up again with a popular seminar in August on budgeting and financial planning.
Upcoming seminars this fall continue the tradition of delivering high-impact education: September 17, 2025—Understanding Contracts Erik Whynot will guide attendees through how to read and interpret contracts to help associations avoid costly legal or financial mistakes. October 15, 2025—Legal Update
Marlene Kirtland Kirian, Esq., of Block & Scarpa will provide an essential overview of recent legislation and legal changes that directly affect community associations. November 19, 2025—Association vs. Unit Owner Responsibilities & Insurance Coverage
Rylan Mort of Insurance Office of America will help clarify the division of maintenance responsibilities and outline the proper insurance policies associations should maintain. In addition to the monthly seminars, the SCCA’s President’s Forum continues to offer association leaders a confidential space to network, share challenges, and discuss best practices. These member-only roundtables remain one of the organization’s most valued offerings.
Current SCCA Secretary Jackie Grant, SCCA Media Liason Darcy Mehta and current SCCA President Terrie Kroger/Photo courtesy of Space Coast Communities Association
A THRIVING VENDOR NETWORK
Another key component of the SCCA’s success is its strong and growing network of business associate members—including engineers, roofers, insurance experts, attorneys, and other service providers who support community associations. Many vendors are recommended by members and go on to serve as speakers, panelists, and exhibitors at SCCA events.
The annual trade show, held each year at the Radisson Resort at the Port in Cape Canaveral, remains one of the largest of its kind on the Space Coast. The event features dozens of vendors, educational mini-sessions, and the opportunity for face-to-face interaction between boards and industry professionals. The next trade show will be held on February 7, 2026.
ADVOCACY THAT MAKES A DIFFERENCE
Beyond education and networking, the SCCA plays an active role in state-level advocacy. With the support of a lobbying associate in Tallahassee, the organization keeps members informed about legislative developments and works with allied organizations to shape policy outcomes.
Earlier this year, the SCCA helped organize a successful campaign to defeat a bill that would have negatively impacted association operations related to estoppel certificates. Through coordinated letter-writing efforts and a personal visit to the Capitol by President Kroger, members helped ensure that their voices were heard.
Legislative updates continue to be a regular feature at SCCA meetings, ensuring members are not only informed—but prepared. n
Community Community
Florida Community Association Professionals (FCAP) primarily publishes the Florida Community Association Journal, the leading resource for Florida community association managers, service providers, and board members. Through our publication, we provide education, industry insights, and resources to support the professionals who serve Florida's community associations.
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CREATING A VIBRANT FLORIDA COMMUNITIES
HOW BOARDS AND MANAGERS CAN IMPROVE LIVES AND BOOST
PROPERTY VALUES IN CONDOMINIUMS AND HOAS
By Marcy Kravit, CMCA, AMS, PCAM, CFCAM, CSM Senior Director of Community Association Relations— Developing Markets Hotwire Communications
Living in Florida is truly a dream come true. Sunshine, beaches, and a booming real estate market keep bringing new residents every year. But what makes a community truly special isn’t just the pretty landscaping or the sparkling pools; it’s about creating a place where people feel safe, welcomed, and proud to call home.
I’ve seen firsthand how planning wisely, embracing new technology, and working together as a team can turn a good community into a GREAT one. I want to share some of the most impactful strategies I’ve learned along the way.
Let’s explore how your community can thrive today and stay resilient for the future.
SAFETY FIRST, EVERY TIME
Florida’s weather can be unpredictable. That’s why safety should always be a top priority. Regularly check storm shutters, windows, roofs, and emergency exits to make sure everything is in perfect shape. Host annual hurricane prep workshops to educate residents since knowledge is power. Use apps, the community website, and email blasts to send alerts and important updates. And make sure your community complies with Florida’s Building Code to protect your residents and your investment.
MAKE OUTDOOR SPACES THE HEART OF YOUR COMMUNITY
Florida residents love outdoor activities. Keep pools pristine, grills ready for family cookouts, and trails inviting for joggers and walkers. Adding amenities like pickleball courts or a dog park can be
game changers. These features promote healthy living, help neighbors connect, and foster pride in your neighborhood. When residents feel good about where they live, property values naturally rise.
GO GREEN AND KEEP IT SUSTAINABLE
Everyone cares about the environment. Installing solarpowered lighting, planting drought-resistant native plants, and using water sensors for irrigation can make your community eco-friendlier. These upgrades reduce costs and attract residents who value sustainability. Plus, a green community is an investment in the future.
EMBRACE SMART TECH AND FIBER-OPTIC INTERNET
Technology is transforming how communities operate. Here are some game-changing ideas:
Fiber-optic Internet— Lightning fast internet and common area Wi-Fi for residents and shared spaces. This is perfect for remote work, streaming, or online learning.
Smart Security and Gate Access—Cameras and gate systems access control that residents can control from their phones for added safety.
Smart Lighting and Climate
Marcy L. Kravit
Control—Thermostats and lighting that can be managed remotely or scheduled for energy savings.
Traffic and Valet Parking Management—Smart systems that help reduce congestion and make parking easier.
Other Cool Tech—Package lockers, energy management tools, and community Wi-Fi that improves your community to be connected and efficient.
All these upgrades make your community safer, smarter, and more appealing. And yes, they significantly boost property values too!
People want to feel informed and involved. Use your community website, newsletters, social media, and apps to keep everyone in the loop. Host regular town hall meetings—either in person or online so residents can share ideas and concerns. Transparency builds trust and makes your community stronger.
SUPPORT YOUR TEAM—STAFF AND VENDORS
Your management team and vendors are the backbone of your community. Invest in their training—customer service, emergency procedures, Florida laws, and the latest technology. Recognize their efforts publicly as everyone loves to feel appreciated. When staff are motivated and well-trained, residents get better service, and the community runs smoothly.
KEEP IT LOOKING ITS BEST
Humid, coastal salt air can take a toll, so regular landscaping, pressure washing, and maintenance are key. Use native, wind-tolerant plants and tropical landscaping to create a lush, inviting vibe. First impressions matter—make sure your community looks welcoming from the moment residents arrive.
HOST FUN AND ENGAGING EVENTS
Celebrate seasons with parties, food trucks, and outdoor movie nights or volunteer days. These gatherings help neighbors get to know each other, build friendships, and foster a true sense of belonging. When residents feel connected, the community becomes more stable and property values benefit.
LISTEN AND RESPOND
Ask residents for feedback through surveys or suggestion boxes. When you act on their ideas—upgrading amenities or improving security—they feel valued. This ongoing dialogue keeps your community evolving in ways that truly matter to its residents.
INVEST IN LONG-TERM UPGRADES
Florida’s coastal environment demands regular maintenance. Inspect roofs, elevators, and seawalls often. Upgrade HVAC and electrical systems to energy-efficient models to save costs and attract eco-conscious buyers. These investments pay off overall.
BECAUSE YOU ASKED
By Betsy Barbieux, CAM, CFCAM, CMCA
Betsy,
My board members took your course late in 2023 and believe they are certified for five years. I think the laws have changed, and they must recertify. Is that right?
— Jean Marie
Jean Marie, Section 718.112.(2)(d) requires both the certification and the new 4-hour class. From the language, it appears your board members who were certified prior to July 1, 2024, will have to recertify and take the “new” 4-hour class.
Here is a link to the certification form they need to sign. https://www2. myfloridalicense.com/lsc/documents/ CondoCandidateCertificationForm.
pdf
— Betsy
Betsy,
I know you are planning and preparing for YES/Yearly Educational Summit, so I appreciate a minute of your time. I currently have two boards with only one member and no one else willing to serve. I thought I remembered an article or a CAM Matters show that tells you what happens if there is not a board. Can you direct me to that or educate me on how to deal with this situation?
— Cathy
Betsy Barbieux
MAKE NEW RESIDENTS FEEL AT HOME
A community is only as strong as its residents feel welcomed. Here are some fun and meaningful ways to make newcomers feel special:
New Resident Orientation—Host a friendly welcome session, provide a community packet, and give a tour of amenities.
Personalized Welcome Gifts—Small treats, community gear, or plants make newcomers feel appreciated.
Meet-and-Greet Events—Host coffee mornings or happy hours so new residents can meet neighbors.
Digital Welcome Kits—Send emails with community info, upcoming events, and helpful tips.
Mentor Program—Pair new residents with long-time neighbors to help them settle in and feel part of the community.
These small touches create a sense of belonging and help build a friendly, connected neighborhood.
THE SECRET INGREDIENT—TEAMWORK BETWEEN BOARDS AND MANAGERS
The real magic happens when your board and management implement teamwork hand in hand.
Clear Roles and Expectations—Know who’s responsible for what under Florida law and your community rules.
Regular and Transparent Communication—Hold meetings, send newsletters, and use digital tools to stay connected.
Shared Vision—Develop a strategic plan for your community’s future and revisit it often.
Respectful Conflict Resolution—Have protocols in place and seek legal counsel when needed.
Ongoing Education—Keep everyone updated on Florida laws, governance best practices, and innovative technologies.
When everyone is aligned, your community runs smoothly, residents are happy, and property values continue to grow.
Having been involved in community associations for 25 years, I’ve seen communities transform when they embrace innovation, teamwork, and a welcoming spirit. Florida’s communities can be vibrant, resilient, and a true reflection of the people who call them home.
It all starts with a shared vision, a commitment to safety and sustainability, and a little bit of fun along the way. When boards and managers work together, residents thrive, property values soar, and your community becomes the envy of the neighborhood.
Let’s make it happen!
Cathy,
If there are no volunteers for the board, the existing board members continue to serve (or at least be shown as the current board members on Sunbiz and in your organizational minutes).
If they refuse to serve, you should apply to the Circuit Court for the appointment of a receiver. Chapter 720.313 has the statutory language and form.
Termination of the HOA will likely take 100 percent of the membership to agree as well as their first mortgage holders. My understanding is if they have any common property like an easement, entrance, or drainage area, they will have to find an entity that would be willing to take over ownership and maintenance of it. Your documents may have some guidance, but I have never found any legislation on the process. You should seek legal assistance and advice.
Perhaps if the one BOD member threatens to petition for a receiver and lets people know how much more their HOA fees would go up in order to pay a receiver’s fee, then one more person would volunteer.
— Betsy Betsy,
Do board meetings have set times in the year like the annual meeting?
— Travis
Travis,
No, the bylaws will say when the board meetings are to be scheduled. If not, it will be a matter of board policy.
The new law for condominiums requires quarterly board meetings with a specific agenda item included.
— Betsy
Betsy,
I’ve been trying to find the wording on where a violation would be visible from. As an example, if you can’t see it from the front of the home, you can’t send a violation letter. What are the other restrictions (locations)?
— Jack
Jack,
There is 720.3035, specifically (1)(b), that uses the word “adjacent,” but there are a lot
of other requirements in this section regarding written ARC guidelines, specific reasons for denial, etc. Also, included are requirements for the board to adopt hurricane protection specification.
See 720.3045 Installation, display, and storage of items.—Regardless of any covenants, restrictions, bylaws, rules, or requirements of an association, and unless prohibited by general law or local ordinance, an association may not restrict parcel owners or their tenants from installing, displaying, or storing any items on a parcel which are not visible from the parcel’s frontage or an adjacent parcel, an adjacent common area, or a community golf course, including, but not limited to, artificial turf, boats, flags, vegetable gardens, clotheslines, and recreational vehicles.
The above is the statute about the flags, ramps, and security service signs.
And this from 720.305
(7) Notwithstanding any provision to the contrary in an association’s governing documents, an association may not levy a fine or impose a suspension for any of the following:
(a) Leaving garbage receptacles at the curb or end of the driveway within 24 hours before or after the designated garbage collection day or time.
(b) Leaving holiday decorations or lights on a structure or other improvement on a parcel longer than indicated in the governing documents, unless such decorations or lights are left up for longer than 1 week after the association provides written notice of the violation to the parcel owner.
— Betsy
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REMBAUM'S ASSOCIATION ROUNDUP
Construction Defects: From the Frying Pan into the Fire
BY JEFFREY A. REMBAUM, ESQ.
At times the law can be quite cruel. A recent appellate case from Florida’s Fourth District Court of Appeal, Vuletic Group LLC d/b/a Concept Construction v. Malkin, Case No. 4D2024-1589 (Fla. 4th DCA July 16, 2025), reminds us all of this salient fact.
In Vuletic Group, the parties contracted with one another in 2018 for a house remodeling project. Around November 2019, the homeowners terminated the contract and stopped paying the contractor. As a result, the contractor sued the homeowners for nonpayment. The homeowners then made a counterclaim against the contractor for breach of contract and construction defects. In the counterclaim the homeowners alleged that the contractor breached its contract by failing to supervise, coordinate, schedule, and/or manage a significant number of subcontractors and vendors working on the renovation project which ultimately led to multiple construction defects and deficiencies.
In January 2023 a bench trial (a non-jury trial) was held during which the homeowners presented expert testimony regarding the anticipated costs to repair and remedy all the issues allegedly caused by the contractor’s breach of contract, amounting to $414,372 in damages. Ultimately, the trial court ruled in favor of the
Photo courtesy of Kaye Bender Rembaum
homeowners and awarded them damages in the amount of $499,250, which also included pre-judgment interest. After the trial court’s ruling, the contractor appealed the case to the Fourth District Court of Appeal.
The contractor argued to the Court that the trial court had incorrectly awarded damages to the homeowners because the damages should have been calculated using cost figures as of the date of the breach, not cost figures as of a date after the date of the alleged breach. More particularly, the homeowners’ expert testified at trial that the cost to remedy all the issues would be $414,372 using cost figures as of September 2, 2022—a date nearly three years after the date of the breach of contract. As you will read, this turned out to be a fatal flaw in homeowners’ case against the contractor. The Court’s role was to determine whether or not the trial court applied the correct measure of damages to the homeowners’ breach of contract claim.
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
Early in the Court’s opinion, the Court points out that “[d]amages for a breach of contract should be measured as of the date of the breach;” “[f]luctuations in value after the breach do not affect the nonbreaching party’s recovery [of damages];” and “[d]amages are not supported by competent, substantial evidence when damages are assessed for a time other than that of the time of breach.”
The Court went on to cite a Florida Supreme Court case which directly speaks to the issue and provided that damages for a breach of contract case are measured as of the date of the breach in Grossman Holdings Ltd. V. Hourihan, 414 So.2d 1037 (Fla. 1982).
The Court went on, citing yet another case where a trial court found that damages for replacing a defective roof were based on the cost of damages
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calculated five years after the occurrence of the breach of contract. On appeal in that case, the Second District Court of Appeal reversed the trial court’s ruling because the cost of damages should have been determined as of the date of the breach in Peach State Roofing, Inc. v. 2224 South Trail Corp., 3 So.3d 442 (Fla. 2d DCA 2009). Clearly then there is a substantial caselaw on this particular subject that makes it patently clear that the construction damages proven at trial must be based upon the actual date of the breach of the contract.
In accordance with the aforementioned, the Court pointed out that the homeowners presented no evidence to establish the amount of damages as of the date of the contract breach itself but rather presented evidence of damages which were nearly three years after the date of the alleged contract breach. Because the damages must be measured as of the date of the breach, the damage award from the trial court was not supported by
competent, substantial evidence and was therefore fully reversed. It gets worse… much, much worse.
Rather than remanding the case for further proceedings and allowing the homeowners to establish the damages as of the time of the breach, the Court held that the homeowners were not entitled to remedy their own failure to present competent, substantial evidence of damages as of the date of the breach of contract to support their claim. Thus, the homeowners were not entitled to “a second bite of the apple” to prove their damages since they already had the opportunity to prove their case and failed. Therefore, since the homeowners were required to prove their damages as of the date of the breach and did not do so, they failed to meet their burden of proof. Therefore, the Court reversed the trial court’s judgment and instructed the trial court to enter judgment in favor of the contractor. Now, here comes the really bad part.
While not addressed in Vuletic Group, the effect of the Court’s ruling will also allow the contractor to seek its prevailing party attorney’s fees and costs against the homeowners at both the trial court and appellate court levels. So at the end of the day, not only did the homeowners lose their damage claim, which really should have gone their way had they proven their damages as of the date of the breach rather than a later date, but also the homeowners will likely be faced with having to pay prevailing party fee awards in favor of the contractor that allegedly caused the homeowners’ damages in the first place. Talk about a double whammy, wow!
Choosing the right attorney is no small undertaking. It is so very important that the attorney has a thorough understanding of the body of law at issue. When you hire board-certified attorneys, the Florida Bar is affirming the attorney’s expertise in a particular field. Is your association using a law firm with boardcertified attorneys? n
BY MARK D. FRIEDMAN, B.C.S.
I Serving on a Florida Community Association Board: Responsibilities and Best Practices
have been practicing condominium and planned development law for more than 20 years, and in that time the laws governing condominiumsi, homeowners’ associationsii, and cooperative associationsiii have undergone significant changes. This, in turn, has led to changes in how boards govern. For example, in condominiums gone are the days when the board’s biggest concern was receiving a warning or educational letter from the Department of Business and Professional Regulation explaining what was done incorrectly and advising them how to do better in the future.
Photo by iStockphoto.com/Drazen Zigic
Today the board faces potential finesiv and, in some cases, potential civil or criminal liabilityv. As a community association attorney, my goal is to make life easier for board members and managers by
MARK D. FRIEDMAN, SHAREHOLDER, BECKER
Mark Friedman is a shareholder in the West Palm Beach office of Becker and is recognized by the Florida Bar as board certified in condominium and planned development law. Mr. Friedman has provided legal counsel to condominium, homeowner, and cooperative associations since 2005, when he joined Becker. He describes his job as one that is geared to making the lives of board members and managers easier. His work with these communities includes covenant enforcement, analysis and review of bank loans, document review and drafting, and contract analysis and drafting, as well as providing guidance to the boards and managers about the statutory and documentary guidelines for the ongoing administration of their association. For more information call 561-820-2868, email mfriedman@beckerlawyers.com, or visit www.beckerlawyers.com
educating them on how to effectively govern and manage their communities while minimizing their risk of legal penalties.
WHY SERVE ON A COMMUNITY ASSOCIATION BOARD?
I have never been a board member myself, but I have spoken to hundreds of them. What I have seen is that, by and large, most board members get involved because they want to maintain or improve their community’s standards, which has a direct impact on their own property values and those of other members of the community. However, unfortunately not all board members’ motivations are altruistic. The inclusion of stricter statutory penalties was a reaction to the actions of a few bad actors who mismanaged condominiums and HOAs over the years.
The following are other reasons that I have seen individuals join boards:
Contributing to a Better Living Environment Board members often create programs and, to the extent their
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OVER THE YEARS I HAVE MET MANY PEOPLE WHO TRULY HAD A DESIRE TO CONTRIBUTE TO THEIR COMMUNITY AND WANTED TO GET INVOLVED, SO THEY RAN FOR THE BOARD OR VOLUNTEERED FOR ITS VARIOUS COMMITTEES.
documents permitvvi, plan and oversee the maintenance, improvement, and sometimes the development of amenities in their community. They aim to preserve the community’s existing standards, keeping the infrastructure in good condition and appearance so the community is appealing to both current and potential members.
Maintaining or Enhancing Property Values
HOA members and condominium unit owners often overestimate the board’s influence on property values. In actuality, property values depend on many factors, such as market trends, location, size and layout of the units and the property, age and condition of the units and infrastructure, and available amenities. However, the board can still make a difference by maintaining and, where permitted, improving the property and its amenities, which can help support its value.
Community Responsibility
Over the years I have met many people who truly had a desire to contribute to their community and wanted to get involved, so they ran for the board or volunteered for its various committees. Some saw themselves as problem solvers who believed they could fix issues in the community. Others wanted to develop their leadership skills through participation on the board, while some ran for the board because they already had certain skills and thought their knowledge and expertise would benefit the community.
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Understanding Fiduciary Duty
When I conduct board certification classes, I often ask the audience members to raise their hands if they are familiar with the term “fiduciary duty.” Almost everyone in the room raises their hand. But when I follow up by asking who can define the term, the number of hands raised significantly decreases. Most participants think the term deals with the responsible handling of association money. That is only one aspect of a board’s fiduciary obligation to its unit owners and members. In fact, a board’s fiduciary duty is a legal obligation that goes beyond financial managementvii .
The Condominium Act states that “an officer, director, or agent shall discharge his or her duties in good faith, with the care an ordinarily prudent person in a like position would exercise under similar
circumstances, and in a manner he or she reasonably believes to be in the interests of the associationviii. The statute also prohibits certain activities, including an officer or director deriving an improper personal benefit, reckless actions, acting in bad faith or with malicious purpose, or acting in a manner which exhibits wanton and willful disregard for human rights, safety, or propertyix. When I present to boards, I give examples of hypothetical violations of these provisions and ask if they would ever engage in such practices. The answer is always no, which is why I reassure them that they, like most board members, have little to worry about in terms of the many statutory criminal or civil penalties. Furthermore, Section 617.0830, Florida Statutes, allows directors to rely on the expertise of others when carrying out their duties to further insulate them from liabilityx. That is why it is critical for boards to have experienced and competent management, bookkeepers, CPAs , and board-certified condominium and planned development attorneys who are well-versed in their respective areas and who understand the laws and administrative codes to guide them through the complex and ever-changing legal landscape.
BEST PRACTICES FOR BOARD MEMBERS
Transparency
"While community association statutes permit board members to communicate through email, they do not allow voting on association matters via email.xi Email communication should be limited as community-related discussions should occur in front of the membership. This allows members and owners to stay informed about what is happening and why. Transparency through clear communication and discussion at board meetings is essential. Members have the right to speak on any item on the agendaxii. Proper meeting
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notices sent within the statutory timeframes also keep the community informed about what will be discussed at each meeting.
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Board Certification and Education Board members are statutorily required to be certified and must continue their . The standards for the educational curriculum have increased over the years and are now codified in the statutes for each type of association.
Compliance with Governing Documents
The board must also comply with the community’s governing documents. Without specific discretion granted in your documents, the board cannot grant variances from the written text of the documents without risking legal troubles, including selective enforcement issues and potential claims of discrimination from those seeking similar variances in the future. If your board has already been granting “variances” or not strictly enforcing the community’s governing documents, speak with your attorney about how to
legally hit the “reset button” through a board resolution.
Proper and Lawful Budgeting
Budgeting and handling reserves has become especially complex in condominium associations over the last few years, so seek advice from your professionals as you begin to prepare your upcoming budget.
Board Member Code of Conduct
Some communities have taken the additional step of developing, with their legal counsel, a board member code of conduct which provides a clear understanding of the duties of the directors and officers and what is expected of them in various situations.
CONCLUSION
Serving on a community association board can be a rewarding way to help shape your community’s future, protect the property, and foster a sense of community. By embracing their fiduciary responsibilities to the owners, practicing effective governance, and communicating clearly and in a transparent manner, board members can lead their communities effectively and minimize disputes. To meet their obligations and enhance the community’s quality of life, boards should stay up to date on Florida’s legal requirements, consult with knowledgeable professionals, and engage with residents in a transparent manner.
This article is intended for educational purposes only and is not intended as legal advice.
The author wants to thank Joseph Markovich, Esq., for his thoughtful proofreading and editorial suggestions.
Turn to next page for footnotes.
•
•
•
i. Chapter 718, Florida Statutes.
ii. Chapter 720, Florida Statutes.
iii. Chapter 719, Florida Statutes.
iv. See Chapter 61B-21, Florida Administrative Code.
v. See 718.111(1)(a), and 718.111(1)(d), Florida Statutes.
vi. Section 718.113, Florida Statutes, outlines the requirements for material alterations in condominiums.
vii. Sections 718.111(1)(a) and 719.104(8)(a), Florida Statutes provide: “The officers and directors of the association have a fiduciary relationship to the unit owners.”v Section 720.303(1), Florida Statutes, provides: “The officers and directors of an association have a fiduciary relationship to the members who are served by the association.”
viii. Section 718.111(1)(d), Florida Statutes (referencing Section 617.0803, Florida Statutes.)
ix. Id.
x. Section 617.0830, Florida Statutes provides, in relevant part:
(2) In discharging his or her duties, a director may rely on information, opinions, reports, or statements, including financial statements and other financial data, if prepared or presented by:
(a) One or more officers or employees of the corporation whom the director reasonably believes to be reliable and competent in the matters presented;
(b) Legal counsel, public accountants, or other persons as to matters the director reasonably believes are within the persons’ professional or expert competence; or
(c) A committee of the board of directors of which he or she is not a member if the director reasonably believes the committee merits confidence.
(3) A director is not acting in good faith if he or she has knowledge concerning the matter in question that makes reliance otherwise permitted by subsection (2) unwarranted.
(4) A director is not liable for any action taken as a director, or any failure to take any action, if he or she performed the duties of his or her office in compliance with this section.
xi. Sections 718.112(2)(c), 719.106(1)(c), and 720.303(2)(a) Florida Statutes.
xii. See also 718.112(2)(c) for additional speaking rights available to condominium unit owners.
xiii. Sections 718.112(2)(d)4(b), 719.106(1)(d)1(b), and 720.3033(1), Florida Statutes. n
The Role of Architectural Review Committees in Florida HOAs
BY ROBERTO C. BLANCH
In Florida homeowners’ associations (HOAs), maintaining a consistent and aesthetically pleasing community environment is critical to promoting harmony among neighbors. One of the primary tools used to achieve this goal is architectural control—the review and regulation of changes or improvements to properties within the community.
At the heart of this process is the Architectural Review Committee or Architectural Control Committee (ARC or ACC), which serves as a gatekeeper of community standards. Florida Statute §720.3035 provides a detailed legal framework for how architectural standards must be adopted, applied, and enforced, ensuring that both homeowners and associations operate within a fair and transparent system.
Architectural control helps safeguard the original vision and design intent
Photo by iStockphoto.com/AnnaStills
of a planned community. Without oversight, homeowners might make property alterations that clash with the neighborhood’s character or negatively affect nearby properties. From exterior paint colors and fence designs to landscaping and home additions, even minor changes can have significant impacts. Architectural guidelines, when properly drafted and enforced, provide clear expectations, minimize disputes between neighbors, and may protect property values some have said.
Florida Statute §720.3035 governs the adoption and enforcement of HOA architectural control standards. Enacted to bring structure, clarity, and fairness to architectural review processes, the statute requires HOAs to base architectural decisions on objective, properly
ROBERTO C. BLANCH, SHAREHOLDER, SIEGFRIED RIVERA
Roberto C. Blanch is a shareholder with the South Florida law firm of Siegfried Rivera and one of the most prolific contributors to its Newsroom blog at www.SiegfriedRivera. com/blog. He is board certified as an expert in community association law by the Florida Bar, and he represents associations throughout South Florida. The firm maintains offices in Miami-Dade, Broward, and Palm Beach Counties, and its 48 attorneys focus on community association, real estate, construction, and insurance law. Roberto can be reached at 800-737-1390 or via email at RBlanch@SiegfriedRivera.com, or visit the website at www.SiegfriedRivera.com
adopted, written standards—not on subjective preferences. This statute emphasizes transparency, predictability, and consistency, mandating that any restrictions or conditions on architectural changes must be expressly set out in the association’s governing documents or in duly adopted board-approved rules.
Under §720.3035(1), any architectural standard used to approve or deny a homeowner’s modification must be based on written, adopted standards. Associations cannot reject a request based on unwritten rules or a board member’s personal preferences. If the governing documents grant the board authority to adopt rules regarding architectural
decisions, those rules must be adopted at a duly noticed board meeting and recorded in the association’s official records.
Architectural guidelines should be objective, measurable, and predictable. For example, rather than saying fences must be “attractive,” a guideline should specify acceptable materials (e.g., black aluminum), maximum height (e.g., 4 feet), and placement (e.g., rear yard only). This level of detail not only helps homeowners understand what is allowed but also limits the association’s liability by reducing subjective judgment.
To maintain homeowner trust and reduce legal exposure, associations must apply architectural guidelines consistently. Boards should document all decisions, reference the applicable standard, and ensure that similar requests are treated the same. Transparency also requires timely responses to applications, with clear explanations when a request is denied.
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Language that relies on undefined terms like “tasteful,” “harmonious,” or “in keeping with the neighborhood” can invite disputes and legal challenges. Such standards are inherently subjective and may not satisfy the statutory requirement that architectural decisions be based on objective and uniformly applied criteria.
Although the board of directors often has final decision-making authority, many associations delegate architectural review duties to a separate ACC. This committee can help streamline processes, share the workload, and ensure that architectural review is carried out by individuals with relevant experience or interest.
The governing documents typically outline the process for establishing and appointing members to the ACC. The board must ensure that the committee is properly formed and empowered under the association’s declaration, bylaws, or articles. If not, the committee may lack the legal authority to act. Some declarations permit the board to delegate architectural review authority to an ACC while others require the board to retain final approval rights. HOAs should closely review their documents to determine the proper structure and ensure that delegation is legally valid.
To function effectively the ACC should adopt a written charter outlining its scope of authority, procedures, and meeting rules. Like board meetings, ACC meetings should be noticed and recorded appropriately, particularly when decisions are being made that affect homeowners’ rights. Typically homeowners
submit a written application with required documents (e.g., site plans, material samples). The board or ACC then evaluates the application against the written guidelines. Once reviewed, the association must provide written approval or denial with reasons stated if the request is denied.
While §720.3035 does not establish a specific response timeline, many declarations do. If the governing documents are silent, associations must respond within a reasonable time. Associations must also maintain copies of all applications, approvals, and correspondence for their records. Incomplete applications should be returned promptly with a clear list of missing items. If a request does not comply with standards, the association should offer a reasoned explanation and, where appropriate, suggest acceptable alternatives.
Additionally, all decisions must be communicated in writing. Associations should maintain a central file of applications and decisions to ensure consistency and prepare for potential disputes or litigation.
Section 720.3035 confirms that enforcement of architectural guidelines must align with the association’s governing documents. If a homeowner makes an unapproved or noncompliant modification, the association may pursue enforcement through cease-anddesist letters, fines (if authorized), or legal action. Before taking enforcement action, associations should offer the homeowner an opportunity to cure the violation. Fines and suspension of use rights require compliance with procedural due process under §720.305.
Consistent enforcement is crucial to avoid claims of selective enforcement or waiver. If the association has previously ignored similar violations, its ability to enforce against a new violation may be compromised. If disputes cannot be resolved amicably, mediation or arbitration is often required before litigation, in accordance with Florida’s pre-suit dispute resolution procedures. Associations should consult legal counsel to ensure compliance and proper documentation.
Architectural review is a vital function in Florida HOA communities, supporting the preservation of community aesthetics. However, associations must operate within the legal framework established by §720.3035, Florida Statutes. By adopting clear, objective standards; empowering an ACC with proper authority; processing requests fairly; and enforcing guidelines lawfully, associations can protect their communities while minimizing legal risk. n
YOUR HOA LENDER
BY MICHAEL J. GELFAND, ESQ.
A Discrimination: Lawsuit Against Association Alleging FHA and Civil Rights Act Violations Can Proceed Forward
re Fair Housing Act (FHA) claims relegated to emotional support animal complaints? Does the Act only regulate allegations of illegal discrimination in the sale or leasing of a residence? What remedies are available for conduct after the closing of a sale?
Cutting to the chase, must Florida community associations and their leadership, directors, and management continue to comply with the Federal Fair Housing Act after a sale closes, when an owner’s family seeks equal access to facilities, not being barred on the basis of racial discrimination?
One might have thought that these questions were disposed of long ago; however, the issues still arise. Serious Fair Housing Act allegations against a South Florida community association were raised in a lawsuit that was appealed. This resulted in a unanimous conclusion by the U.S. Court of Appeals for the Eleventh Circuit.
Sara Watts alleged that her homeowners’ association unlawfully engaged in racial discrimination by interfering with her right to the full enjoyment of her property as recounted in the appellate decision Watts v. Joggers Run P.O.A. (11th Cir. April 7, 2025). Ms. Watts alleged she received unwarranted violation notices, the association improperly restricted access to community
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amenities, and she was treated improperly by a former association director.
The United States Circuit Court of Appeals’ decision identified salient allegations. Some of the allegations included the following: In 2013 Watts purchased a home subject to the Joggers Run Property Owners Association declaration and subject to the association’s rules and regulations; in 2015 she became an association director, the only African-American who attended association board of directors’ meetings; White board members, including the board’s White president, made negative, disparaging comments about people of color, including Watts; Watts’ speeches were limited to three minutes, though others were not limited; after receiving reports of Black children playing on the basketball courts, access
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.
to the courts was restricted; parking restrictions were selectively enforced by allowing a White board member to park in a non-designated space without a decal/note but towing Watts’ son’s car without notice, which violated the towing rules; and, in October 2017, the board stripped her of her board membership without any notice after she complained about discriminatory comments and treatment.
In December 2021 Watts sued the association alleging the association’s discriminatory conduct violated the Federal Fair Housing Act and the Civil Rights Act. Watts further alleged that the association selectively enforced
Association Banking
the rules related to parking, pets, yard sales, and penalty fees. Watts also alleged that the association’s discriminatory treatment was applied to her guests, one of whom was falsely accused of trespassing and vandalizing cars.
Watts claimed she was forced to sell her home and move out of the community due to the harassment she received from the other residents. The association’s motion to dismiss the complaint for failure to state a legal claim was granted. Watts appealed.
The U.S. Court of Appeals, 11th Circuit, reversed the decision of the district court. The federal appellate court began by explaining that the FHA prohibits race-based discrimination related to the sale or rental of a home. Section 3604(b) of the FHA specifically states that it is unlawful to “discriminate against any person in the terms, conditions, or privileges of sale or rental of a dwelling, or in the provision of services or facilities in connection therewith, because of race, color, religion, sex, familial status, or national origin.”
The federal appellate court concluded that Watts’ allegations “plausibly” fall within Section 3604(b) because the contractual rights flowing from her association membership were “directly connected to the sale” of her home. The federal appellate court further concluded Watts sufficiently alleged that she was denied equal access and treatment because of her race.
The federal appellate court explained that Section 1981 of the Civil Rights Act provides that all persons shall have the same rights to make and enforce
contracts and to enjoy “all benefits, privileges, terms, and conditions of the contractual relationship.” The federal appellate court pointed out that the association’s rules created an enforceable contract that governed Watts’ responsibilities as an association resident and the benefits of her membership.
Watts’ complaint, which alleged the association discriminated against her based on her race, did set forth a valid claim. In summary, the federal appellate court concluded that Watts’ lawsuit, which claimed that the association unlawfully interfered with her right to the full enjoyment of her property in violation of the FHA and Civil Rights Act, could proceed forward.
This decision serves as an important lesson for community association officers, directors, managers, and even individual owners. No owner and no resident should be subject to illegal discrimination concerning access to community services, facilities, and other benefits. Individualized choices must occur from time to time, as in any “business,” but in the community association context, those choices normally should not be on the basis of race as well as other prohibited classifications such as color, creed, national origin, religion, or the other categories that followed the adoption of the Fair Housing Amendments Act of 1996.
Many Florida residents are relative newcomers, lacking knowledge that Florida’s systemic housing-related discrimination in part led to the Fair Housing laws and restrictions. Floridians may not be aware of the state’s history of lynchings and the 1951 Christmas Day bombing of the home and murders of Florida’s NAACP president Henry T. Moore and his wife, Harriette Moore. The nationwide use of laws and regulations to enforce racial housing discrimination has been researched and documented by Richard Rothstein in his critically acclaimed study The Color of the Law.
Modern Jack Without a Beanstalk: Finders/Keepers of Gold Coins in a Florida Condominium?
“There’s gold in them thar hills”! --- Mark Twain’s character Col. Mulberry Sellers in The American Claimant (1892).
There is gold in that condominium’s walls! This yell may be strange to an aged Samuel Clemens—shouted in the southeast, not the far west; and in the wrong place, being in the walls, not buried in the ground.
But this is Florida, after all! The unearthing of a literal golden treasure in the walls of a South Florida condominium was likely welcomed with a whisper, which then became a shout in a courtroom, or two courtrooms, and likely at least one more courtroom.
Just in case it could happen to you, does "finders, keepers" apply if something of value, hidden away for many years, is suddenly discovered in the walls of your Florida condominium? Many people will come out of the woodwork to claim they are entitled to ownership. But who is really entitled to ownership?
From fable to real life, gold coins that were found in Florida became the subject of a serious dispute as recounted in Warren v. Tony, No. 4D2024-0560 (Fla. 4th DCA, April 9, 2025). A day laborer, Jessie Warren, discovered 103 one-ounce gold Krugerrand coins (inside a wall, which was inside a condominium he was hired to demolish. Warren was told
by the person who hired him that he could keep whatever was found. Warren then tried to sell the coins to a pawn shop. That is when the sheriff stepped in.
The problem seemed to stem from the fact that the person employing Warren and saying Warren could keep what Warren found did not own the condominium, and he did not know that gold coins were hidden in the wall. The Broward County Sheriff’s Office took possession of the coins after the pawn attempt. Warren filed a replevin action (to reclaim the property), but the court determined that Warren was not entitled to possession of the property as an owner.
Eight years later, the sheriff, after not being able to identify the coins’ owner, or which unit the coins were found in, filed a forfeiture
action seeking possession of the gold coins. No notice was provided to Warren, but the trial court entered a default. Warren, upon learning of the case, moved to dismiss the forfeiture action and return the coins to him. The trial court denied Warren’s motion and entered a final order of forfeiture.
In a victory for Warren against the sheriff, the Florida appellate court reversed the final judgment. The appellate court explained that Florida’s Forfeiture Act (Section 932.701(2), Fla. Stat. (2023)) provides that when personal property is seized, “any owner, entity, bona fide lienholder, or person in possession of the property subject to forfeiture when seized, who is known to the seizing agency after a diligent search and inquiry” is entitled to notice of the right to a preliminary hearing within five days after the seizure. The court concluded that the person in possession of the coins when the coins were seized was entitled to notice of the forfeiture case. Because Warren did not receive notice, the judgment was reversed.
If no one else is able to prove their ownership of the coins, and there is no evidence of illegal conduct, Warren may be able to succeed. The matter returns to the trial court to sort out whether there are competing claims and then who is entitled to the coins.
In the interim and thereafter, let us not start punching holes into walls or tearing out crawl spaces in the quest for hidden treasure. Nevertheless, in the lessons learned department, if you are hiding your gold and other valuables, make certain that when the time has arrived, you have someone else to remind you or your heirs, to paraphrase Mark Twain, where the gold is hidden “in them thar walls”! n
COMMUNITY MANAGERS &
Tuesday, October 7
TA M PA
Tuesday, October 21
MIAMI
Wednesday, November 5
BRADENTON
Tuesday, October 29
Bradenton Area Convention Center www.BradentonCondoExpo.com
Wednesday, November 12
BY BETSY BARBIEUX, CAM, CFCAM, CMCA
M Interviewing New Hires
anagers and board members spend most of their time dealing with maintenance, reconstruction, insurance claims, violations, and other owner issues. They receive a lot of information and education on roofing, paving, painting, elevators, insurance, swimming pools, and reserves as well as SIRS and milestone inspections.
But what is missing is education on HR issues such as hiring employees. In a job interview, employers (managers and board members) are generally prohibited from asking questions that could lead to discrimination based on protected characteristics. These protected characteristics are defined by federal and state laws (like Title VII of the Civil Rights Act, the Age Discrimination in Employment Act, and the Americans with Disabilities Act).
Here is a breakdown of common categories of questions that are generally off limits, along with why.
1. Age
• Illegal/Inappropriate questions: “How old are you?” “When were you born?” “When did you graduate high school/college?”
• Why: These questions can lead to age discrimination, particularly against individuals 40 or older.
• What they can ask: “Are you at least 18 years of age?”—if relevant to the job, or if you have concerns about long hours/travel if the job requires it.
2. Race, Color, Ethnicity, National Origin
• Illegal/Inappropriate questions: “What is your race/nationality/ethnic
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background?” “Where are you from?” “Where were your parents born?” “What is your native language?” (unless language fluency is a job requirement)”
• Why: These questions are directly discriminatory and have no bearing on job performance.
• What they can ask: “Are you legally authorized to work in the U.S.?” and “What languages do you speak fluently?” (if relevant to the job).
3. Gender, Sex, Sexual Orientation, Gender Identity:
• Illegal/Inappropriate questions: “ “What is your sexual orientation?” “Do you wish to be addressed as Mr., Mrs., Miss, or Ms.?”
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.
considered discriminatory under federal law (Title VII of the Civil Rights Act of 1964) and can lead to discrimination based on gender, gender identity, and sexual orientation.
• What they can ask: “Are you willing and able to put in the amount of overtime/travel the position requires?” and “Are you willing to relocate?”
4. Religion
• Illegal/Inappropriate: “What is your religion?” “Which religious holidays do you observe?” “Do you attend church regularly?”
• Why: Discrimination based on religious beliefs is illegal.
• What they can ask: “Can you work on weekends?” (only if the position requires it and without asking for a reason related to religion).
5. Disability/Health/Medical Conditions
• Illegal/Inappropriate: “Do you have any disabilities or medical conditions?” “How is your health?” “Do you take any prescription drugs?” “Have you ever been injured at work?” “Have you ever filed a workers’ compensation claim?”
• Why: The Americans with Disabilities Act (ADA) prohibits discrimination based on disability and requires reasonable accommodations.
• What they can ask: “Are you able to perform the essential functions of this job with or without reasonable accommodations?” and “Are you able to carry items up to 30 pounds?” (if relevant to the job).
6. Marital Status/Family Status/Children:
• Illegal/Inappropriate: “Are you single/married/ divorced/widowed?” “Do you have children or plan to have children?” “What are your childcare arrangements?” “Are you pregnant?”
• Why: These questions can lead to discrimination based on family responsibilities or marital status. Pregnancy discrimination is also illegal as it is considered a form of sex discrimination.
• What they can ask: “Are you able to meet the specified work schedule?,” and “Do you have any commitments that would prevent you from meeting attendance requirements?”
7. Criminal Record
• Illegal/Inappropriate: “Have you ever been arrested?” but you should perform a background check, including a review of criminal and driving records.
• Why: In many places, asking about arrests (as opposed to convictions) is restricted or illegal because an arrest does not equate to guilt. Some states also restrict questions about conviction records unless directly related to the job.
• What they can ask: “Have you ever been convicted of any crime other than a traffic violation?” (This is often allowed but check state-specific laws as well).
8. Other Inappropriate or High-Risk Questions
• Military Status: Questions about discharge status (unless directly related to a legitimate occupational qualification).
• Genetic Information: Questions about family medical history.
• Organizations/Clubs: What are the names of any clubs or societies to which you belong? (This can reveal protected characteristics like religion or political affiliation).
• Salary History: Many states and localities have banned questions about a candidate’s salary history to address pay equity. Employers should ask about salary expectations instead.
9. Financial Information
• If a background check is being performed and it is relevant to the job requirements and responsibilities, you may ask the following financial questions: “Do you own your home?” “Have you ever declared bankruptcy?” “Have your wages ever been garnished?” You must comply with the Fair Credit Reporting Act.
As a potential new hire, if you are asked an illegal or inappropriate question, you have the following options:
Answer it directly if you feel comfortable and believe the intent was harmless.
Sidestep it by addressing the underlying concern without revealing personal information (e.g., if asked about children, state that your personal life will not interfere with your job responsibilities).
Politely decline to answer by stating you don’t see how the question is relevant to the position.
Consider ending the interview if you feel it’s a truly discriminatory environment.
Report it to the appropriate authorities (like the EEOC) if you believe you’ve been subjected to discrimination.
Check your employment applications and interview checklist carefully. You don’t want to violate employment laws. Doing so could cause more problems than concrete falling off a building. n
Florida Condominium Association Websites: 954-662-0356; CondoAssociationWebsites.com
Celebrating 40Years
An Association property loss claim can become a complicated and time-consuming challenge for even the most experienced board and property manager. It can take them away from managing the day-to-day responsibilities of the community and can also sow discord and mistrust amongst community members. Add the technicalities of your insurance policy and the insurance co-negotiated settlement. At Tutwiler & Associates, we’ve been through the drill and understand the value of clear communication with the board and association members to set realistic expectations. And with recent Florida legislative changes, an insurance appraisal may be a path to a quicker settlement without litigation. Our experience handling condominium, apartment, and homeowner association claims in Florida is unmatched. We invite you to call us to discuss becoming part of your team.
