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HOW TO KEEP MONTHLY ASSOCIATION MAINTENANCE FEES LOW

HOW TO KEEP MONTHLY ASSOCIATION MAINTENANCE FEES LOW

  • Posted: Sep 22, 2022
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HOW TO KEEP MONTHLY ASSOCIATION MAINTENANCE FEES LOW

by Enrolled Agent Steven J. Weil, Ph.D., EA, LCAM, Royale Management Services, Inc.

The answer to keeping association maintenance fees low is NOT to defer necessary maintenance or waiving reserves.  To keep postponing repairs is an act of sheer folly.  It is simply an artificial way to keep maintenance fees low that often backfires when the piper finally has to be paid by a special assessment.

The only thing owners hate more than a maintenance fee increase is a special assessment that becomes necessary because the budget does not adequately cover the ongoing operating and maintenance costs.

As a reminder, there are two parts to every budget: the operating budget and the reserve budget.

  • The operating budget should include all necessary regular and recurring expenses that are expected in the coming year, no matter how large or small, such as repairs, maintenance, up keep, payroll, utilities, supplies, insurance and administrative costs.
  • The reserves are designed to accumulate funds for replacement and renovation of major building systems and components that wear out over time. Statutes make it mandatory that reserve budgets include estimated expenditures for roof replacement, building painting and pavement resurfacing at a minimum.

What should go into a reserve budget?  Aside from what the law requires, a good reserve budget also covers other large capital items that will wear out and need to be replaced over the life of the association, such as elevators, windows, common area air conditioners, docks, generators, balconies, et al.  Other common area reserve items might include a pool upgrade, clubhouse renovation, landscaping and other amenities.

The tricky part of the budgeting process is to balance what is required with the often competing interests of those who want the lowest possible maintenance increase with those who are willing to pay more for better services, better amenities or other improvements.   The board is charged with the upkeep maintenance and operation of the association and amenities as provided for in the governing documents. Any change to what is provided for in the governing documents should be approved by an owner vote. This includes both increases and decreases in services and changes to facilities.

Projected estimates for the reserve budget should take into consideration the cost to replace each item, prorated over the years of its estimated life.

A common mistake in estimating this value is the failure to take into account the rise in replacement costs that occurs over time.  Cost estimates as well as remaining useful life should be evaluated annually. Reserve planning can be done with the assistance of association vendors, or a professional engineer could be hired to perform a Reserve Study.

Some of the costs of running an association can be managed.  Controllable expenses — those over which the board and or management have some control as to the amount and timing — include accounting, bank fees, repairs, supplies, office expense, labor costs, preventive maintenance, management, legal, landscaping and janitorial.

Over the years, however, non-controllable expenses have become the largest part of most association budgets.  They include utilities, contract services, electric, water, garbage, cable, loan payments, licenses, fees and insurance (property, liability, wind and Directors & Officers). Although boards and management work hard to keep these costs as low as possible, it is often difficult or even impossible to get competitive bids for such items as insurance. The costs of utilities and water are often controlled by monopolies or governments; and while conservation can help, it does not eliminate or substantially reduce these costs in the short run. Long term contracts may also lock in such things as elevator maintenance costs, cable TV, and other expenses.

In addition to the increases in these expenses, over the years as association property ages, the cost of maintaining it increases. While putting off maintenance may help cash flow and reduce expenses today, it also means that those expenses will be higher down the road.

Reserve funds cannot be used for purposes other than those intended without a majority vote of approval by the owners in advance. Thus, there is sometimes a reluctance to list in the reserve budget certain capital items that might be considered non-essential and could be postponed.  This can be a mistake, forcing a special assessment when these capital items need to be replaced.

It’s best to keep in mind that one good way to maintain property values is to ensure that the association has a reserve budget that covers necessary renovation and replacement of major components and assets and that the reserve budget is properly reviewed and funded each year.  Under Florida law, condominium associations are required to include a “fully funded” reserve schedule in the proposed budget and to fully fund reserves unless they are waived or reduced by a vote of the owners.

 

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COMMITTEES: THE GOOD, THE BAD AND THE UGLY

COMMITTEES: THE GOOD, THE BAD AND THE UGLY

  • Posted: Apr 13, 2022
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COMMITTEES:  THE GOOD, THE BAD AND THE UGLY

by  Steven J. Weil, Ph.D., EA, LCAM, Royale Management Services, Inc.

Association committees can truly save the day, or they can become a nightmare.  A lot depends on whether or not clear guidelines are set from the start.  Too often things can get out of hand to the point where the tail begins to wag the dog.  In most cases, the role of the committee is to make recommendations to the Board, giving the Board the power to accept or reject those recommendations.  Only statutory, or empowered, committees (as defined either by Statute or by the Board) may take independent action.

What Is The Value Of A Committee?  Committees are an obvious extension of manpower and a potential breeding/training ground from which to fill board vacancies.  Their work can supplement that of the Board and management and help to keep costs down.

What Makes An Effective Committee?

  • Clear Purpose.    Take time to define the mission.
  • Right People.    Choose people who are qualified and assign a Board Liaison.
  • Regular Schedule. Chair should set regular noticed meetings so owners may attend.
  • Planning and Preparation. Treat committee meetings the same as board meetings.
  • Recognition.    Publicly acknowledge committees and members for a job well done.

 

What are some important points to remember about committees? 

  • Committees should be created by resolution, naming a chair or co-chairs, briefly outlining the type of committee being formed and offering a clear mission to be followed. Without guidelines, committee members may not understand the scope of their work and that theirs is an exploratory and advisory role.  Misunderstandings can then create conflict especially when it comes to issues such as committee expenses.  Funding for the committee should be addressed at the outset so that it does not become troublesome over tim
  • Committees differ depending on their type, e.g.:
    • Statutory – A fining committee is defined as statutory because it has been specifically empowered by the Statutes to take final action on behalf of the Board. The Board may also create a statutory committee, such as a budget committee, by empowering it to act independently.
    • Advisory committees may be either standing (remaining in force year after year, e.g. landscaping and social) or ad hoc (Latin for “for this,” meaning they are task-oriented and cease to exist when the project ends, e.g. a pool upgrade or paint committee). Advisory committees may not take final action independently. They may only make recommendations to the Board.
    • Mandatory committees are those specifically named in the association’s governing documents.
  • Ironically, the nominating committee (a misnomer) may not nominate anyone for election to the Board. The Florida Administrative Code (FAC) prohibits this. However, a search committee may be formed and made responsible for proposing qualified nominees.

 

 What do the Statutes Say About Committees?

The Florida Condominium Act (FCA), Section 718 of the  Statutes, defines the role of committees for condo associations.  The Statute refers to committees as a “group” of board members, unit owners, or board members and unit owners appointed by the board or a member of the board.  Statutory committees may contain both (or either) board members and non-board members.

The composition of non-statutory committees is not addressed in the condominium statute.

There are very specific rules about the establishment and composition of a “Fining Committee,” which is defined as a statutory committee because it has been specifically empowered by the Statutes to take final action on behalf of the Board.

The Florida Homeowners’ Association Act, Chapter 720 of the Florida Statutes, does not define what a committee is or its permissible composition.  However, it contains a similarly specific rule for a hearing before a committee (and who may serve on that committee) before a fine or suspension may be imposed on an accused violator.

What Is A Committee Meeting?

A “committee meeting” is a group gathered to discuss business as set forth in the Board resolution creating the Committee.  Outside experts may be included.

 

Does A Committee Meeting Have To Be Noticed?

The Sunshine laws apply to all statutory committees that are empowered to take action on behalf of the board. They require open meetings noticed 48 hours in advance.  If a committee is not empowered (i.e., advisory), and if the Association’s Bylaws specifically provide for an exception, then they do not have to have open meetings.  Thus, generally speaking, committee meetings should be noticed.  The only exceptions are for emergencies or for meetings with the association’s attorney regarding litigation or personnel matters (i.e., discussion of specific issues pertaining to employees of the association).

 

Are Minutes Of Committee Meetings Required?

Again, the Sunshine Laws only require that Minutes be taken by statutory committees.  However, it’s a good idea to keep a record of all committee meetings to identify who attended and what actions were taken by the group.  Minutes need not cover what was said, only what decisions were made. The minutes should never reflect attorney-client privileged information, but only who attended the meeting and proper documentation of any vote that was taken. New legislation requires that Minutes be kept permanently. They also must be made available to owners on request.

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ARE CONDO FEES BAD?

ARE CONDO FEES BAD?

  • Posted: Oct 29, 2021
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ARE CONDO FEES BAD?

by Steven J. Weil, Ph.D., EA, LCAM, President

Royale Management Services, Inc.

 

Your maintenance fees cover many of the same things you would need to pay for as a homeowner.

What’s included?   As a condo owner, it’s useful to know how your maintenance fees are determined. No one is profiting from these fees. They are determined by the board of directors who are elected by the owners and charged with responsibility for operating the association. They represent your share of the common expenses as agreed to in the governing documents.

What you pay is determined by estimating the costs for operation and maintenance for the budget year. These costs include controllable costs — those over which the board can exercise control, e.g., wages of association employees, improvements, along with the cost services offered to owners and residents — as well as non-controllable costs, e.g. insurance, water, garbage collection, electricity, repairs, and existing long-term contracts such as bulk cable agreements.

Each year the board and management review the prior year’s costs and do everything in their power to project the cost for the coming year. These costs become the budget’s expense line items; and once they are calculated, any income from other sources (such as laundry and outside rental income) is taken into account. The total projected expenses are then reduced by the outside income, and whatever is left becomes the maintenance for the coming year. After that, it’s a simple matter of calculating each unit owner’s share of this amount based on the formula set forth in the governing documents.

 

In many associations, non-controllable expenses make up the majority of the expenses, with insurance often being more than a quarter of the total expenses. Add to this, utilities (which varies), long-term contracts, and required repairs and upkeep, and you can see that the expenses the board can control can be limited often to less than 20% of the total expenses.

The board must also fully fund reserves based on the current replacement cost of reserve items. Reserves may not be waived or reduced by the board. They can, however, be reduced or waived by a vote of the owners. Reserve funding is added to the cost of the maintenance fees already calculated and becomes part of the regular maintenance payment.  Reserves cover the wear and tear on items with a useful life of more than one year, such as roofs, painting, and paving, along with other major items that will wear out over time.

Each association’s budget is different. Accordingly, maintenance fees generally reflect things that are unique to each association. For example, associations with 24-hour security personnel, bulk cable contracts that include the internet, and expensive-to-maintain lobbies will have higher maintenance fees than those that provide fewer services and amenities.

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TO GRILL OR NOT TO GRILL, THAT IS THE QUESTION

TO GRILL OR NOT TO GRILL, THAT IS THE QUESTION

  • Posted: Jul 03, 2020
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TO GRILL OR NOT TO GRILL, THAT IS THE QUESTION

by Steven J. Weil, Ph.D., EA, LCAM, Royale Management Services, Inc.

Summer is upon us, and in between preparing for possible hurricanes, dealing with the kids home from school, and planning for the summer holidays, many of us are feeling the heat and want to get out of the kitchen.  We want to grill our food, especially on the 4th of July.

However, the State of Florida has rules about that.  If you live in a Florida condominium, you will want to think twice about grilling on your balcony.  Florida Statutes require that every three years a new edition of the Florida Fire Prevention Code must be adopted; and at the end of 2017, the Sixth Edition of the Code permitted the use of certain electric grills which had been previously prohibited.

 

Here’s what the old rule said: 

​With respect to cooking equipment, Section 10.10.6.1 prohibits using or kindling “hibachis, grills, or other similar devices for cooking, heating, or any other purpose on any balcony, under any overhang portion, or within 10 ft (3m) of any structure, other than in one and two-family dwellings.”

Here’s what the new rule says:

Section 10.10.6.1.1 allows “listed electric portable, tabletop grills, not to exceed 200 square inches of cooking surface, or other similar apparatus.” In other words, if you have a qualifying cooking apparatus that is sanctioned by the Code, you can now grill on your balcony!  What does “listed” mean?  It means that United Laboratories (UL) has tested representative samples of the product and determined that it meets UL’s requirements.  For a product to become UL Listed, it must go through several tests and meet high safety standards.

But there’s still a catch:

If your association has adopted any rules that run counter to the minimum requirements of the Code and impose stricter requirements, those rules then apply.  Check with the Board, check the association’s bylaws, check the association rules and regulations, and then think before you grill!

 

Many times, the main problem is not the grill, but the smoke that causes a nuisance to other owners.  Smoke can become ​the real issue rather than the size of the apparatus.  The last thing you want is to have the fire department arrive because a neighbor smelled smoke coming from your balcony and thought there was a fire.  Happy grilling!

Read more Articles from: Royale Management Services, Inc. Find them direct on their Website > 

Steven J. Weil, Ph.D., EA, LCAM, Royale Management Services, Inc.

 

 

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VIOLATIONS! IT’S NOTHING PERSONAL

VIOLATIONS! IT’S NOTHING PERSONAL

  • Posted: Nov 20, 2018
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VIOLATIONS! IT’S NOTHING PERSONAL

by Enrolled Agent Steven J. Weil, Ph.D., EA, LCAM, president, Royale Management Services, Inc.

We know that the first thing most owners think when they receive a violation notice is that they are being targeted and that the board or management is out to get them. Nothing could be further from the truth. The board is charged by the governing documents with oversight of association operations along with protecting the property value and enforcing the rules.

Violation notices are not personal or targeted. They are simply the means by which the association lets owners know about rule violations and gives them a chance to correct a problem.  Violation notices can be generated by a manager’s observations, board observations and even from observations by fellow owners. While you may feel as though you are the only one to receive a violation notice, this is generally not the case. The truth is that most of the violation notices can be easily remedied by simply fixing the problem or complying with the rule and letting management know the problem has been resolved.

We are often asked why we sent a violation notice instead of simply knocking on the door or calling. There are several reasons we send written notices.  The first is that while it’s easy to misinterpret what is said, and it can often turn into “he said/ she said,” a written notice clarifies what is being said and assures that there is a written record. The second is that it’s inappropriate and unsafe in this day and age for association employees, managers and/or board members to confront owners in person. The purpose of a violation is to get the problems corrected and maintain community standards while protecting the safety and quiet enjoyment of all unit owners.

The board and management know that rules can sometimes be complex, and it’s easy to make a mistake and violate the rule or misunderstand the governing documents. No one enjoys sending violation notices, and we all know that it’s upsetting to get a violation notice; but in truth correcting the problem and letting management know that you have taken action is all that is required to relegate it to history.

 

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DON’T LET TAXES COMPOUND THE PROBLEM OF A NATURAL DISASTER

DON’T LET TAXES COMPOUND THE PROBLEM OF A NATURAL DISASTER

  • Posted: Oct 10, 2018
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DON’T LET TAXES COMPOUND THE PROBLEM OF A NATURAL DISASTER

by Enrolled Agent Steven J. Weil, Ph.D., EA, LCAM, Royale Management Services, Inc.

In the unlikely event that you or someone you know becomes the victim of a natural disaster, and where you or where they live becomes a federally-declared disaster area, you will want to know all the ways to mitigate the results.  Not only can preparation help to protect life and property, it can also guard against staggering financial loss.

The key is to know what to expect.  If you live in a condo or HOA, you will want to know what the association’s master insurance policy covers and what it does not.  Insurance may help defray some of the costs associated with restoring and replacing damaged and destroyed property, but to keep monetary losses as low as possible, it helps to understand the relevant sections of the tax code.  Under the new Tax Cut and Jobs Act, for example, there is tax relief for victims who suffer casualty losses and are living in a federally-declared disaster area.

Claims require documentation.  You will surely want to make an inventory of the valuables in your home to help you document losses for insurance and tax purposes.  Take photos or videotape not only the interior of your home but also the property and structures outside it.  Damage to your vehicles, landscaping and other possessions may also be tax deductible.

If there’s a chance you might have to evacuate your home, take important documents with you or move them to a safer location, like a bank safe deposit box or a waterproof or fireproof container. Consider photographing important documents like birth certificates, car registration, driver’s license, proof of home ownership, insurance policies, important contracts, medical information, passport, tax documents, etc., and upload these electronic records to a secure cloud-based service.

Tax deductions for homes and buildings with structural damage require a qualified appraisal and records of the repairs to restore the building to its previous condition. Homeowners insurance will cover some personal goods in many cases, whether or not the home is covered for the type of disaster that occurred. Keep in mind that all claims for damage must first be submitted to the property owner’s insurance carrier, even if the property is not covered, in order to take a casualty loss deduction. In other words, your disaster loss may be tax deductible but only to the amount over any insurance reimbursement.

Two additional limitations may be waived in certain federally-declared disaster areas:  You must deduct $100 per event and reduce the total of all personal use property losses by 10 percent of your adjusted gross income.

Be aware that the IRS may extend tax filing deadlines, permit easier access to victims’ funds held in workplace retirement plans, and make other provisions designed to provide financial relief to those affected by a natural disaster.  The IRS website can help you learn about any special announcements, bulletins or special relief being offered during ongoing disasters.

Disaster-related losses can be deductible on your tax return, but only if you follow the rules and provide the appropriate documentation.  You also may be permitted to choose either the current year or the previous year to claim your losses, and your refund could be greater in the non-disaster year than in the current disaster year.

Help in determining the best course in your situation is always available from a qualified tax professional to help you make sure you are taking advantage of every relevant tax provision available to you.

 

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ROYALE MANAGEMENT SERVICES, FT. LAUDERDALE, HOLDS FREE CONDO AND HOA BOARD MEMBER SEMINARS

ROYALE MANAGEMENT SERVICES, FT. LAUDERDALE, HOLDS FREE CONDO AND HOA BOARD MEMBER SEMINARS

  • Posted: Jan 18, 2018
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Free educational seminars for Board members of condos, homeowners associations (HOAs) and co-ops take place on Monday evenings.  Sessions are held at the offices of Royale Management Services, 2319 North Andrews Avenue.  These seminars are designed for board members of managed and self-managed associations.

The Property Management Seminars for 2018 take place on the third Monday of the month: 

Date                                   Seminar Title

02/19/18      Conducting Meetings & Getting The Work Done

03/19/18      Reading & Using Association Financial Statements

04/16/18      Condo Elections – Getting It Right

05/21/18      Building a Budget That Works

06/18/18      Conducting Meetings & Getting The Work Done

09/17/18      Reading & Using Association Financial Statements

10/15/18      Building a Budget That Works

11/19/18      Condo Elections – Getting It Right

Open to all who register, the seminars are conducted by Steven J. Weil, Ph.D., EA, LCAM, president of the 31-year old Fort Lauderdale property management firm.  Refreshments and networking begin at 5:30 p.m. The seminars follow promptly at 6:00 p.m. and include a Q&A. Space is limited. Reservations may be made by calling 954-563-1269. We want to help make you the best board member you can be. Seating is limited. Make your reservations early.

Dr. Weil has appeared on Good Morning America and is frequently quoted by major media.  His bylined articles are regularly published on the State of Florida Property Management Association website (sfpma.com).  “The Condo Board Certification Classes are designed to help new board members meet the Florida 718.112 Statute requirements for Condo Association Board Members,” Dr. Weil said. “Our seminar goal is prevention — to help keep Board members of condos, HOAs and Co-ops from frequently having to call their attorney.”

 

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COPING WITH FL H.B. 1237 (2017)

COPING WITH FL H.B. 1237 (2017)

  • Posted: Aug 01, 2017
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COPING WITH FL H.B. 1237 (2017)

by Steven J. Weil, Ph.D., EA, LCAM, Royale Management Services, Inc.

Whenever the Legislature puts new laws on the books, in order to avoid becoming involved in expensive litigation, managers and board members are obliged to sort out what it all means along with what steps should be taken to address the real meaning, terms and conditions that the courts and judges conclude were the Legislature’s intent.

Florida’s Governor signed Florida House Bill 1237 (2017) into law on June 26, 2017.  The legislation went into effect on July 1, 2017 and added several requirements and prohibitions to the Florida Condominium Act (Chapter 718).

For example, HB 1237, now the law of the land in Florida, states, “Board members may serve 2-year terms if permitted by the bylaws or articles of incorporation. a board member may not serve more than four consecutive 2-year terms, unless approved by an affirmative vote of two-thirds of the total voting interests of the association.” The law also includes an exception if there are not enough eligible candidates to fill all board positions which allows current board members to continue beyond the otherwise prescribed period.

What is yet to be determined is whether this means a board member may serve no more than eight one-year terms, or, if association rules limit terms to one year, the four-term limitation still applies? Other questions still left unanswered include: When do these terms start? Is the law to be enforced retroactively, or are board members prior terms excluded from the new rule?

Another new rule states that a condo board member, despite good intentions, could be subject to penalties for violation of this caveat:  “An association may not employ or contract with any service provider that is owned or operated by a board member or any person who has a financial relationship with a board member.”  Under a strict interpretation of this update to the law, if a board member runs a pool service and is taking care of the association’s pool maintenance for only the cost of chemicals, that board member could end up facing criminal penalties for trying to help out.

Conflicts of interest (such as a board member providing a proposal from a company they are affiliated with) may have long existed, and while board members always should have abstained from any vote where it could be perceived that they had a financial conflict of interest, it could now be a criminal offense.

This is not the only place a condo officer, director or manager could find themselves facing the threat of criminal penalties.  While we all know, or at least should know, kickbacks of any kind are wrong, often accusations made by a unit owner are not grounded in reality and instead are based on little more than spite and mistrust.

However, The updated Florida Statute 718.111 now reads “[A]n officer, director, or manager may not solicit, offer to accept, or accept any thing or service of value or kickback for which consideration has not been provided for his or her own benefit or that of his or her immediate family, from any person providing or proposing to provide goods or services to the association. Any such officer, director, or manager who knowingly so solicits, offers to accept, or accepts any thing or service of value or kickback is subject to a civil penalty pursuant to s. 718.501(1)(d) and, if applicable, a criminal penalty.”

The updated statute goes on to require that an officer or director who is charged with certain crimes (primarily crimes of dishonest character) shall be removed from office and provides requirements for filling the vacancy left by any such removal. The silver lining here is that you have to be charged with a crime before you can be removed, a mere accusation is not enough.

Will these and other provisions that have been added to the law make it even more difficult to find volunteers who are willing to serve as board members? No one really knows yet. What we do know is, it will probably take years for the legislature and the courts to sort this new law out.  We also know that those who serve on our boards of directors are most often well-meaning volunteers who want to do the right thing and serve their fellow owners.  All we can do is hope that none of these changes make it harder to get these good people to serve, and the law works as intended keeping those with a self-serving agenda from throwing their hat in the ring.

We are not attorneys, and anything said here should not be construed as legal advice. This article is purely for educational purposes, with the goal of helping associations better understand current updates to the law. Royale Management Services team members are Licensed Community Association Managers (LCAM) who work with associations to manage, to navigate and to comply with the law.  As you can see, these changes raise several questions, and you can be sure that until these issues are addressed by a court, no one will really know the correct answers. Nevertheless, it is always advisable to seek legal counsel if an issue arises.

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