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HB 1203: LOTS OF NEW PROTECTIONS FOR MEMBERS LIVING IN HOAs MAKES IT HARDER FOR CAMs

HB 1203: LOTS OF NEW PROTECTIONS FOR MEMBERS LIVING IN HOAs MAKES IT HARDER FOR CAMs

  • Posted: Mar 27, 2024
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HB 1203: LOTS OF NEW PROTECTIONS FOR MEMBERS LIVING IN HOAs MAKES IT HARDER FOR CAMs

House Bill 1203 and SB 7046 merged to eventually create a huge bill for the protection of homeowners in HOAs.  It starts by placing lots of responsibilities on community association managers.

A community association manager or community association management firm that is authorized by contract to provide community association management services to a homeowners’ association must do all of the following:

(a) Attend in person at least one member meeting or board meeting of the homeowners’ association annually.

(b) Provide to the members of the homeowners’ association the name and contact information for each community association manager or representative of a community association management firm assigned to the homeowners’ association, the manager’s or representative’s hours of availability, and a summary of the duties for which the manager or representative is responsible. The homeowners’ association must also post this information on the association’s website or application required under s.720.303(4)(b). The community association manager or community association management firm must update the homeowners’ association and its members within 14 business days after any change to such information.

(c) Provide to any member upon request a copy of the contract between the community association manager or community association management firm and the homeowners’ association and include such contract with association’s governing documents.

So what do you think so far of the new protections for members of an HOA?


Every Sunday:  Ask Questions get them answered! 

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Funding Construction Projects (Loans, Assessments & Reserves)  Presented by Synovus. Course provided & taught by Kaye Bender Rembaum’s Kerstin Henze, Esq.

Funding Construction Projects (Loans, Assessments & Reserves) Presented by Synovus. Course provided & taught by Kaye Bender Rembaum’s Kerstin Henze, Esq.

  • Posted: Mar 27, 2024
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Funding Construction Projects (Loans, Assessments & Reserves)

MARCH 28 | 11am Est | Live via Zoom

Presented by Synovus. Course provided & taught by Kaye Bender Rembaum’s Kerstin Henze, Esq.

If you have difficulty seeing the graphics below, CLICK HERE for details and/or to RSVP.

Funding Construction Projects

Date & Time:   Mar 28, 2024 11:00 AM in 
Hosted by Synovus Bank. Course provided by Kaye Bender Rembaum. Funding Construction Projects (Loans, Assessments and Reserve Spending) Course# 9630148 | Provider# 0005092 | 1 CEU in IFM or ELE Instructor: Kerstin Henze, Esq.
Attendees will learn about the process of funding construction projects. The primary focus of the program is to review with attendees the different sources of funds that may be available to address construction projects and the procedures to be followed to properly utilize those sources of funds. Attendees will learn tips to avoid pitfalls when planning for large projects. Synovus’ community association specialist will be on hand to cover the lending aspects of the seminar.
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How long should HOA repairs take?

How long should HOA repairs take?

How long should HOA repairs take?

We recently published an article on how communities can speed up maintenance projects. In this article, we’ll look at how long some common maintenance jobs should take to complete.

 

Table of contents

 

The obligation to maintain the property

HOAs have an obligation to maintain certain parts of the development. They must set aside a portion of the dues or fees collected from owners to pay for big and small maintenance projects. If the association fails to meet those obligations, it not only creates safety problems for members, but legal issues for the association as well.

If members feel that the board is not properly caring for the property, they can write official complaints, vote to remove board members, or even sue the HOA.

Maintenance must be taken seriously, but it is far easier to manage when you have a system or solution that enables you to organize components, schedule/assign work, and track tasks.

 

Defining maintenance obligations

The maintenance responsibilities of an association versus those assigned to individual owners depend primarily on whether the item or equipment is classified as part of a common area, exclusive use common area, or separate interest.

Common areas typically refer to shared spaces such as pools, sidewalks and roads. Exclusive use common areas are spaces or elements used by one or more, but fewer than all, of the owners. Separate interests are the separately owned lots belonging to members.

While some maintenance obligations are quite clear, others can be a little murky. This is especially true with exclusive common areas since they tend to be things like patios and windows. Roof maintenance may also be confusing; some HOAs cover roof repairs while others do not.

The association’s CC&Rs should detail maintenance obligations and define who is responsible for what. But if there is some uncertainty, boards are advised to refer to civil codes and/or consult with the HOA’s attorney.

 

Why timelines matter

There are several reasons why time matters when it comes to maintenance projects. The main one is so staff and management can plan for disruptions and costs. However, there are times when maintenance work will impact owners, and they will also need to know approximately how long the work will impact their day-to-day lives.

For example, if a parking lot is being repaved, owners will need to be informed of the work, they will need to move their vehicles before the work begins, and know how long they will have to find temporary parking.

Contractors can’t know for sure how long maintenance work will take to complete, but they should be able to provide an educated estimate. Tracking the time it takes for professionals to complete routine and unplanned maintenance is another good way to predict future repair timelines. Having this knowledge allows those responsible for setting up maintenance work to complete projects with more confidence (plus they’ll know if a vendor is taking too long to complete certain jobs).

 

How long should HOA repairs take?

There is no way to know for sure how long any maintenance project will take. Even a standard preventative maintenance job can become lengthy if a contractor discovers additional damage to an element. Other factors, including availability of materials, permit requirements, complexity of the project, size of the community, and weather will all impact the timeline of a project.

That being said, below are some estimates of how long common HOA maintenance work takes to complete.

To get a more accurate time estimate, speak with a contractor or repair expert. They will be able to look at the specific qualities of your community and provide you with a realistic timeline.

Pool repairs

There are many different types of pool repairs. Some can be completed in a couple of hours while others will take several days.

A simple structural leak generally takes a day or two of work. Half a day is needed to complete the first step of a crack injection repair, and another half day is required to “staple” the cracks together and plaster the damaged area.

If your pool has a heater and the warming system breaks, the entire pool may be shut down for a week. The heater can be replaced in a day, but it could take longer. After the new pool heater is installed, it might be another three days before the pool is warm enough to use again.

Most plumbing leaks can be resolved in two days, but the time it takes to fix a pool leak from plumbing can vary according to the extent of the damage.

Pool resurfacing involves the removal and replacement of the top layer of the pool surface. This may be done to give the pool a clean fresh look, or to address several small cracks. In general, this renovation process takes one to three weeks.

 

Water/electricity lines

A water line is an underground pipe that transports water from a water source to a home’s or building’s service pipe. These pipes typically run beneath sidewalks and streets.

A water line pipe might crack, allowing water to spill out. This can cause many issues, including unsanitary water, higher water bills, low water pressure, and floods.

Due to the severity of this problem, a water main break needs immediate attention. Plumbing technicians will need to turn the water off while they repair the break. Once the pipe is in working order, they will flush it before reconnecting it to the plumbing system.

The good news is this type of repair only takes between four and eight hours.

If an electricity line goes out due to weather, it can generally be restored in a couple of hours. However, if an entire pole comes down, the outage could easily last a full day.

 

Roofs

In many cases, HOAs have delegated the responsibility of maintaining roofs to the individual owners. But if the association covers the costs of repairs, expect each home to take up 1-3 days of the contractors’ time. More complex designs and materials will add time to that estimate.

 

Gutters and downspouts

Routine maintenance of gutters and downspouts prevents more serious water damage from occurring. Like roofs, many HOAs have stated that owners are responsible for maintaining these items.

Minor gutter repairs can be completed in as little as one to two hours. Partial replacements can take two to four hours, and full replacements can take two to three days of work.

The timing is similar for downspout repairs and replacements.

 

Parking lots

Most HOAs can complete routine parking lot maintenance in two to three weeks, but timing will vary depending on the size of the lot and weather conditions.

Paving can take less than a week, but keep in mind that proper curing (letting the asphalt cool and settle) is an important part of the process as well. Depending on the size of the parking lot, thorough curing can take anywhere from one to two weeks.

 

General landscaping

While not a traditional repair, landscaping is a maintenance job that can be hard to plan for, at least the first couple of times. The size of the property, availability of materials, and weather conditions can greatly impact the time it takes to finish the job. Once you have found a landscaper that you like, you will become more familiar with the time it takes to do certain jobs.

From start to finish, most projects fall into the two- to three-week range, but cutting grass or trimming plans can take half a day.

 

Conclusion

HOAs have an obligation to maintain certain areas of the development. By scheduling routine maintenance, associations help prolong the useful life of elements and components, and keep the community safe and attractive too.

It’s important for staff, board members and management to have repair timelines so that they can budget for costs and time accordingly. While projects don’t always go according to plan, just having a guideline allows them to manage expectations more effectively.

 

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RSVP for free to attend a Lunch & Learn at the Weston Community Center on Feb. 21st at 11:30am. Topic: “Managing Conflict Management in HOAs and Condos”.

RSVP for free to attend a Lunch & Learn at the Weston Community Center on Feb. 21st at 11:30am. Topic: “Managing Conflict Management in HOAs and Condos”.

  • Posted: Feb 20, 2024
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RSVP for free to attend a Lunch & Learn at the Weston Community Center on Feb. 21st at 11:30am. Topic: “Managing Conflict Management in HOAs and Condos”.

This also gets CAMS a credit in HR!

Guest panelists include Weston Commissioner Mary Molina Macfie and Kaye Bender Rembaum’s Michael S. Bender, offering their perspectives.

The instructor is Marcy Kravit, PCAM (Hotwire Communications). Lunch provided by Blue Tiger Wellness and is complimentary to those who register.

Here is the link:

ACE Lunch & Learn in Weston

Presented by Hotwire Communications’, Marcy Kravit, PCAM, “Creating Harmony: Managing Conflict Management in Community Associations”. DPBR approved credit for CAMS! Course# 9632176. Provider# 8912. One HR CEU. Panel Guests: Michael Bender, Esq. (Kaye Bender Rembaum) & Mary Macfie (Weston City Commissioner).

Where: 

Wednesday, February 21, 2024 from 11:30 AM to 1:00 PM EST

Where

Weston Community Center
20200 Saddle Club Rd
Weston, FL 33327

 

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CEU course “Navigating the FFHA: Assistance Animal or Pet?” next week on Feb. 20th. Alan Schwartzseid of KBR Legal.com

CEU course “Navigating the FFHA: Assistance Animal or Pet?” next week on Feb. 20th. Alan Schwartzseid of KBR Legal.com

  • Posted: Feb 20, 2024
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We are presenting the CEU course “Navigating the FFHA: Assistance Animal or Pet?” next week on Feb. 20th. Alan Schwartzseid from KBR Legal.com will be the instructor.

Use the link to enroll for free: 

Feb 20, 2024 02:00 PM
Presented by Alan Schwartzseid, Esq., of Kaye Bender Rembaum Learn about the HUD regulations and Florida Legislation pertaining to assistance animals, as well as common issues concerning assistance animals and addressing requests by residents for reasonable accommodations. Provider #: 0005092 | Course #: 9631847 | 1 CE credit in OPP or Elective
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4 Things to Consider Adding to Your Budget For an Amazing Resident Experience by BuildingLink

4 Things to Consider Adding to Your Budget For an Amazing Resident Experience by BuildingLink

  • Posted: Jan 04, 2024
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If you’re like most multifamily communities, August marks the beginning of your budgeting season. To create an amazing resident culture, property managers need to get ready to sharpen their pencils. In today’s competitive environment, however, that means more than just nailing down your expense forecasting for the new year.

 

 Residents these days expect more than ever from their community’s amenities and services, reflecting broader changes in their lifestyle and work habits. With the continued trend of working from home, many residents are now looking to their apartment amenities to serve as extended living and working spaces. This presents an exciting opportunity to create an outstanding culture and experience that drives them to renew their leases and recommend the property to others. In this post, we share four things that property managers should consider adding to their budgets this planning season.

 

1. Community Events

If you haven’t already considered hosting community events, now is the time. By hosting fun and exciting events for your residents, you’ll help them form connections with their neighbors and engage with the property. These connections can create a sense of belonging and mutual support, leading to a happier and more harmonious community. The increased engagement between residents can also foster a culture where residents take better care of shared spaces, since they have a stronger sense of pride and ownership within their surroundings.

The scale of your community events can range from more casual gatherings, such as coffee hours in the lobby, to more elaborate occasions, such as holiday parties or outdoor movie nights. Budgeting for these events may vary accordingly. A small-scale event can be executed with a minimal budget, while a larger-scale event may need a more significant budget allocation to factor in food, entertainment, and decorations.

For those wrapping up the end of summer with a resident event, our blog, “Six Resident Event Ideas: Summer Edition,”can provide some great inspiration.

2. Concierge Services

For many, concierge services are one of the first things that comes to mind when you think about high-rise lavish apartment home living. Providing services that make residents’ lives easier is a huge draw that can drive satisfaction up and enhance their quality of life.

Don’t worry if your property can’t afford a full-time concierge to work as a front desk associate. You can choose to provide select key services that can be managed within your budget. Package tracking is an excellent example, as it eliminates the stress of missing deliveries for residents. Similarly, a reliable key management system can provide residents with peace of mind regarding access for guests, cleaners, pet sitters, and more.

Pro Tip: To optimize your front office and concierge services, consider using a platform such as ConciergeLink. From enhanced incident report management to paperless shift logs and time tracking, you’ll know your property is always running smoothly.

3. Fitness & Wellness Amenities

In today’s health conscious society, providing fitness and wellness amenities within your property is an excellent way to improve the culture, allowing residents to stay active without needing to leave the property. Consider budgeting for updated exercise machines, spa facilities such as a sauna, or meditation areas to help residents unwind and relax. If your property is limited in physical space, consider establishing a partnership with a local wellness center or gym as an alternative solution. You may be able to offer residents discounted gym memberships or wellness services adding value to their residency.

Providing ways for residents to take care of their physical fitness does more than improve their individual quality of life. It also helps create a vibrant community culture that residents can enjoy and take pride in, positioning your property as one that truly cares for and invests in its residents.

4. A Branded Mobile App

Leveraging a branded mobile app is a powerful way for property managers to improve communication with residents and enhance their overall living experience. These branded apps can serve as a centralized platform for residents to access important information, receive communication, request service fixes, and more. With a mobile app that reflects your property’s branding, you can foster a stronger sense of belonging and familiarity among residents.

BuildingLink offers custom mobile apps for both iOS and Android platforms. You can customize the app to your property’s logo and colors, providing your residents with a seamless and professional look that aligns with your brand identity. Learn more about our custom mobile apps here.

Partner With BuildingLink

Trusted by condos, co-ops, HOA’s and multifamily properties around the globe, BuildingLink helps property managers deliver superior resident experiences while streamlining maintenance and operations. We offer tools that will simplify your record-keeping and administration, communications, maintenance, and front desk operations.

When you’re ready for smarter property management, book your BuildingLink demo today.

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Condominium Board Member Certification by KBR Legal

Condominium Board Member Certification by KBR Legal

  • Posted: Nov 29, 2023
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Condominium Board Member Certification

Nov 30, 2023 02:00 PM

Course # 9630075

Instructor: Kerstin Henze, Esq. of KBR Legal

This webinar covers the essentials of condominium board membership, updated regularly to remain current with legislative amendments to Florida’s Condominium Act. In addition, this webinar satisfies Florida’s requirement for new condominium board members. It also serves as an excellent refresher course. Licensed CAMS will receive two (2) CE credits as IFM or ELE.

Register NOW: 

https://us02web.zoom.us/webinar/register/WN_-UDSvuIFSA6z1uRsnF-_ww#/registration

 

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Good leadership and governance for Florida Board Members by SFPMA

Good leadership and governance for Florida Board Members by SFPMA

  • Posted: Oct 23, 2023
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Good leadership and governance for Board Members

“Seven keys to a successful board meeting”

One of the fundamental challenges that far too many board members and boards have is that they don’t have a strong understanding of their roles and responsibilities.

It sounds basic, but one of the fundamental challenges that far too many board members and boards have is that they don’t have a strong understanding of their roles and responsibilities.

Boards, in general,  do well with more fundamental board members understanding responsibilities — understanding the organization’s mission and providing financial oversight. Conversely, they struggle most with external responsibilities, including fundraising, advocacy, and community-building and outreach. This lack of understanding of what is — and is not — a part of the board’s essential roles can lead to a whole host of dysfunctions, such as micromanagement, rogue decision-making, lack of engagement, and more.

Since it’s impossible to do a job well if you don’t know what the job is, all boards must take the time to ensure that every board member fully understands what’s expected and needed of him or her, and then hold all members accountable when they get off track.

This starts with an understanding of the fundamental legal duties of each individual board member, which include:

  • Duty of Care — Each board member has a legal responsibility to participate actively in making decisions on behalf of the organization and to exercise his or her best judgment while doing so.
  • Duty of Loyalty — Each board member must put the interests of the organization before their personal and professional interests when acting on behalf of the organization in a decision-making capacity. The organization’s needs come first.
  • Duty of Obedience — Board members bear the legal responsibility of ensuring that the organization complies with the applicable federal, state, and local laws and adheres to its mission.

 

Board meetings should be productive, efficient meetings where the board conducts business. Stop and think about that for a minute. Are your meetings productive and efficient? Does the board meet to conduct business or socialize? Are you getting the most out of your meetings?

We’ve put together seven keys to a successful board meeting. Following these suggestions can bring new life to your association and keep volunteers interested in helping.

 

1.- Board meetings should not last more than one hour. Start the meeting when it is scheduled to begin and get straight to business. If you collectively have the focus to get done in an hour you’ll be amazed with how much you can accomplish. If you have no time limit, the meeting will typically drag on and a lot of time will be wasted.

When time is wasted at a meeting then people are less likely to volunteer because they feel their time is wasted. One hour meetings have a major impact on volunteers. Associations that hold focused, one hour meetings have more people volunteer. It’s also important to note that those volunteers stay active the in the community for much longer. Length of your board meetings may seem like a trivial matter, but it really does have a large impact on how the volunteers of the association view the organization and, in turn, how they view their role.

 

2.- Make your meetings action oriented. Don’t just discuss issues, make decisions. Every item up for discussion should end in a vote to move forward in some way or table the issue with a clear understanding of why the item is being tabled and when it will be revisited. When taking action on an item make sure it is clear who will be responsible for getting that task completed. Ambiguity cripples a board.

 

3.- Board Meetings are for the board. They are not neighborhood meetings or social gatherings. The purpose of a board meeting is to conduct business, not see how many people you can get to attend. Some board members try to get as many people to attend as possible. This is missing the point. Homeowners are, of course, welcome to attend but it is not a membership meeting. The purpose of the board meeting is for the board to consider the affairs of the association, make business decisions, and then have a clear plan of action.

 

4.- Take time prior to the meeting to think about what you want to discuss. Inform the community manager of this one week prior to the meeting. This way your topics of discussion can be placed on the agenda which will allow the other board members and the community manager the opportunity to think about and/or research the item you want to talk about. When you don’t come prepared and spring things on the other board members or on the community manager this typically results in a lot of unnecessary discussion with additional research needed in order to make any kind of decision. Remember, be action oriented. By planning ahead you can make more decisions at the meeting instead of causing an item to be discussed twice and delayed for months.

 

5.- There are an odd number of board positions for a reason. You will not always see eye to eye. Don’t take it personal if the other members of the board disagree with you. This will occur and is healthy. While each board member should attempt to come to a consensus with the other members, you will not be able to achieve this each time. Countless hours are wasted by board members continuing to argue a point just to obtain “victory” on a certain issue or to avoid any vote that is not unanimous. This occurs because someone is taking it personal. If your view is not shared on an issue, take a vote, and move on. Do not hold a grudge. Recognize that you can disagree and still work well with each other.

6.- If you think you may have a conflict of interest do not vote on that issue. Let’s say a board member’s spouse is on a committee. If the board is making a decision on an issue related to that committee then the board member with the spouse on that committee should excuse him/herself.

 

7.- Most associations should hold quarterly meetings (unless your bylaws require more). Meeting more often than that becomes excessive and unnecessary. Remember you want to have focused, short, productive meetings. This keeps people interested in serving on the board and on committees. If the association is constantly meeting then people feel it is taking too much of their time and they will stop volunteering. It is important to note that you are required to comply with the minimum meeting requirement in your bylaws. Most association bylaws require no more than quarterly meetings, but check yours to be sure.

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