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Find Blog Articles for Florida’s Condo, HOA and the Management Industry.
Ronnie Giles 561-602-8660
Sr. Account Manager Florida East Coast
CAI Business Partner Certified
#CGC 1517755 / #CFC 1429221
This Pandemic has been a horrific human tragedy, and by no means can there ever be a silver lining. At best, we’ve learned some lessons, and new ways of doing business have been established as viable.
One of these things that we have learned is how we can improve community association board of director meetings.
Companies have learned that remote working does not degrade productivity and perhaps even improves it. I would expect that in the future that “hot bunking” work stations in offices will allow companies to hire more people without having to expand to a larger space.
From a community association perspective, the greatest thing that has been discovered is the unbelievable success of video conference meetings.
I have been to my share of community association meetings and usually, there are two problems:
The membership is positioned as observers who may articulate their issues in an open forum at the beginning or end of the meetings. Board meetings may allow for an open forum but seldom do members sit and wait their turn. Instead, it is often the case that they interrupt their elected directors from conducting meetings. This takes people off subject and often leads to confrontations.
Video conference meetings allow all members of the association an opportunity to see their community association board of directors as work.
It has been quite an eye-opener. More than that, it has been a brilliant experience for me to see how an unruly gathering can be changed into an orderly business meeting.
If I had my choice this would be the only way to perform board meetings going forward.
The only drawback is that there are people who don’t have the technical skill or equipment to be able to participate in such a meeting.
My dear 92-year-old mother would love to have a computer but I won’t get her one until she figures out the remote control. I’ve done everything I can to help her learn, but mastery eludes her.
Getting people with limited technology experience to be able to attend will be the challenge if meetings go completely digital.
I invite suggestions.
Regarding the first problem of unruly and disruptive meetings, a video conference has the best feature and it’s called a mute button. (My wife has been trying to get one for my big mouth for years, but I digress.)
In the past three months and countless meetings, I have never experienced such orderly, productive meetings, and considering these difficult times it has been a Godsend.
It’s a perfect way to conduct board meetings and produce very effective results. This Pandemic has been tragic, but this is one small lesson or process that we can now say was an unintended benefit of a very unfortunate situation.
Tags: Condo and HOA Board of Directors, Condo and HOA Collections, Management News, Member Highlights
Date/Time
Date(s) – JUNE 4th, 2020
12:00 pm – 1:00 pm
Location
Pompano Beach Office
Castle Group invites you to join episode 4 of Association Operations During COVID-19 with a focus on opening community amenities and more. Panelists include Craig Vaughan, Castle Group, President and Michael S. Bender & Jeffrey A. Rembaum, Kaye Bender Rembaum, P.L. – Board Certified Attorneys in Condominium and Planned Development Law.
Castle Group invites you to join episode 4 of Association Operations During COVID-19 with a focus on opening community amenities and more. Panelists include Craig Vaughan, Castle Group, President, and Michael S. Bender & Jeffrey A. Rembaum, Kaye Bender Rembaum, P.L. – Board Certified Attorneys in Condominium and Planned Development Law.
Register to attend by https://
Tags: Condo and HOA, Events Meetings and Courses, Management News, Member Highlights
Good news, if you missed our recent webinar on PPP Loan Forgiveness and EIDL Loans you’re in luck! The demand for this webinar was so great that we’ve decided to have a second for those who were unable to attend.
Small business owners you don’t want to miss out on this valuable information that could have a big impact on your business.
Sign up for the PPP Loan Forgiveness and EIDL Loans Webinar using the link below:
https://zoom.us/webinar/
Your association’s board has worked for six months to amend and restate the association’s governing documents, including the declaration, articles of incorporation, bylaws, and even the rules and regulations. The board has met with the association’s lawyer on several occasions, reviewed and provided comments on multiple drafts, and even arranged for multiple meetings with the membership to solicit comments and generate enthusiasm. There are two methods of obtaining the votes. The first is to notice a meeting of the members and use proxies for those who cannot attend. The other is to use, the often neglected, but still effective, written consent in lieu of a meeting process.
The time is finally come – the notice package to be sent to the members is in the mail. A week goes by, and very few proxies are returned. Worse still, on the night of the membership meeting, where it is hoped that the amended and restated governing documents will be approved, only several owners personally attend. Needless to say, not only are there an insufficient number of votes, but there isn’t even a quorum. What is the board to do?
All is not lost, and there is still plenty of time to solicit the necessary member votes so long as the meeting for which the proxies were intended is not concluded. Once the membership meeting is concluded, any and all proxies die an immediate death! But, if the membership meeting is continued to a “time, date, and place certain” then, all of the proxies continue to live for 90 days from the date of the meeting for which they were initially intended.
If a quorum is attained, but not the number of necessary votes, then, any member in attendance can make a motion to suspend the meeting to a time, date, and place certain, so long as the meeting is resumed within 90 days of the date of the initial meeting. Then, the motion should be seconded. A vote of those in attendance, in person or by proxy, should follow such that the majority cast their vote in favor of the continuance. If neither a quorum is attained, nor the number of necessary votes, then the one item of business that can occur, even without a quorum, is a motion to continue the meeting to a “time, date, and place certain.” Again, the motion should be seconded and a vote of those in attendance, in person or by proxy, obtained.
This “continuance” process can be used as many times as necessary, so long as 90 days from the date of the initial meeting have not expired. Once the 91st day is reached, then all of the proxies are as good as dead. Because the meeting is continued, there is no need to re-notice the meeting each time it is reconvened. However, minutes should be taken so that there is an accurate record.
When describing the continued meeting in the minutes, the word “adjourned” could be interpreted to mean that the initial meeting concluded or it could be interpreted to mean that the meeting was continued, therefore it is advisable to not use the word “adjourned” in the minutes to reflect that the meeting was continued. If the meeting is continued, then use the word “continued.” This will avoid any confusion whatsoever.
Remember, too, that a “general proxy” allows the proxy holder to vote as they so choose, while a “limited proxy” directs the proxy holder to vote as the giver of the proxy instructs.
Utilization of the written consent in lieu of a meeting process will fully avoid the need to have the membership meeting but will still require that the necessary votes are obtained within 90 days. The written consent in lieu of a meeting process is described in Chapter 617 of the Florida Statutes, more commonly known as the “Florida Not For Profit Corporation Act,” and not Chapter 720, Florida Statutes, more commonly known as the “Homeowners’ Association Act.”
Unless otherwise provided in the articles of incorporation, an action required or permitted by the Florida Not For Profit Corporation Act to be taken at a meeting of members may be taken without a meeting, without prior notice, and without a vote if the action is taken by the members having at least the minimum number of votes necessary to authorize the action.
To be effective, the action must be evidenced by one or more written consents describing the action taken, dated, and signed by approving members having the requisite number of votes and entitled to vote on such action, and delivered to the association.
Written consent to take the action referred to in the consent is not effective unless the consent is signed by members having the requisite number of votes necessary to authorize the action within 90 days after the date of the earliest dated consent. Importantly, within 30 days after obtaining authorization by written consent, notice must be given to those members who are entitled to vote on the action but who have not consented in writing. The notice must fairly summarize the material features of the authorized action. Remember, too, that once the necessary written consents are obtained, there should be official recognition of such approval by the board.
Both the proxies and written consents constitute official records of the association and therefore should be stored with the official records of the association.
Tags: Condo and HOA
WEBINAR: CONDOMINIUM ASSOCIATION BOARD MEMBER CERTIFICATION Date/Time Date(s) – 2020-05-27 1:00 pm – 3:00 pm Location Pompano Beach Office REGISTER HERE Join our own Andrew Black, Esq., a Board Certified Specialist in Condominium and Planned Development Law, online for distance learning with the Condominium Association Board Member Certification Course. This provides CE credit for CAMs and fulfills state requirements for Condo Association Board Members. Course Number: 9630075 | Provider Number: 0005092 Two (2) CEU’s in IFM or ELE Note: This webinar is limited to the first 100 to register.
ADVANCED BOARD MEMBER TRAINING Date: Thursday, May 28, 2020 Time: 12:00 pm – 2:00 pm Location: https://zoom.us/, Zoom.com How to prepare for and conduct a meeting. Myths about Robert Rules of Order Agendas, Minutes, and More Provider: 0007237 Course: 9629074 Instructor William and Susan Raphan Credit Information 2 Hours Manager Continuing Education Elective Credits
Condo Craze & HOAs HOSTED BY – ERIC M. GLAZER, ESQUIRE SUNDAYS AT 11:00 a.m. ON 850 WFTL May 31, 2020 @ 11:00 am – 12:00 pm Condo Craze & HOAs HOSTED BY – ERIC M. GLAZER, ESQUIRE SUNDAYS AT 11:00 a.m. ON 850 WFTL The show is streamed live on the web at www.850wftl.com and on your mobile device. Presents a forum for Board members and owners to tell their side of the story. The show randomly has guest speakers who are experts on the daily problems associations encounter. All issues that our associations encounter each day are proper topics for discussion. Expect to hear from politicians, Board members, owners, tenants, community association managers, developers, community association accountants, construction industry personnel and other government officials. Listeners call in and ask questions of attorney Eric Glazer and his legal team as well as any guest present. Eric has been practicing association law since 1992, and his firm Glazer and Associates has represented associations and unit owners throughout the state. There is lots of great discussion and we have certainly had some screaming and yelling, not unlike your typical Board meeting. However, at the end of each show, our listeners come away with a greater understanding of the law and hopefully an appreciation of the various sides of this ongoing debate.
COVID-19 has presented new and unique challenges, such as social distancing, which is having a profound effect on the property management industry. The pandemic has accelerated a digital transformation of property management operations, and this is a sharp wake-up call for managers who must be prepared to operate remotely and virtually in a ‘new normal’ environment.
What makes the COVID-19 virus outbreak challenging, is the fact that property management is a ‘people’ business. How do managers keep their staff on the same page when they can’t even be in the same room? How do they get closer to their clients when social distancing keeps them from getting within six feet of them? The solution is to use technology made specifically for the needs of residential property managers. By utilizing communication and tracking tools available in property management platforms, managers can maintain a strong and cohesive operation.
Property managers have two primary responsibilities: to carry out policies set by the board and to manage the community’s daily operations. However, now, residents see managers as trusted advisors and their expertise is being used to guide communities through the pandemic.
The following are a few options to consider as you work to reduce risk in your community.
Communication during crisis situations is crucial and a resident portal is an instrumental channel for managers to effectively communicate with residents. Residents expect to be kept in the loop with important information and welcome the opportunity to have a say with regards to important topics. Managers can use the resident portal to ensure residents are apprised of the latest information. This can be done by sending out announcements on how they are managing the outbreak.
With our Announcements solution, you can create, edit, and distribute announcements easily and effectively by email, text message (SMS) or automated phone call. You should also consider broadcasting announcements via display screens strategically placed in the lobby, and within elevators to maximize the effectiveness of audience engagement.
HOAs and condominiums are required to provide access to important documents in the form of document inspection requests, a common practice that will continue even during this pandemic. We expect COVID-19 to affect the normal course of business throughout 2020, especially as we practice social distance and handling physical materials.
Managements should consider uploading community documentation to their resident portal. Using our simple drag-and-drop system, you can upload and distribute documents such as board minutes, forms, by-laws, floor plans, photos, and videos. Permission-based controls allow management to determine exactly who sees what.
Amenity bookings
As cities throughout North America gradually gear up for reopening and ease some COVID-19 restrictions, there are proactive measures and legal concerns communities might want to think about when it comes to managing and maintaining amenities like pools and fitness rooms.
We expect residents to no longer be able to use a pool or fitness room without a reservation due to social distancing. Residents will have to reserve an amenity for any available time slot and should receive scheduled reservation notifications.
Digital future
With our platform you can streamline the management of amenity bookings with an easy-to-use online form. Email updates are sent automatically when a request is approved or updated. Your residents will love being able to see a detailed list of common amenities as well as a calendar view of their availability. You can even accept online payments for bookings by credit card.
Many property managers have already realized the benefits of running their business on our cloud-based property management platform built with automation at its core. They are using our platform to collect online payments, communicate instantly, support dispersed teams and much more.
It is important to understand that even after the ‘end’ of the coronavirus pandemic, COVID-19 is going to have a lasting impact on how managers and residents communicate for a long time to come. Managers must therefore get ahead of the inevitable digital future of communication within property management.
To help property managers and associations navigate these issues, we created a webinar specifically relating to COVID-19. Entitled “COVID-19 and Technology: Resident Communications, Virtual Meetings, and Electronic Voting,” we invited experts in the field of property management technology to give helpful tips and advice for successfully managing a property remotely and virtually in a ‘new normal’ environment.
Tags: Business Articles, Management News, Members Articles
To further address the re-opening of both Palm Beach and Broward Counties new Orders have been issued and are already in effect. Links to each new order are located below this article. In all instances, social distancing and wearing of masks when in public is still advised.
Has your association considered adopting new rules consistent with social distancing policies and wearing of face masks when members are in common areas and common elements? Discussion with your association’s attorney is warranted when preparing such rules for board adoption.
Remember too, so long as the State of Florida remains under a State of Emergency as declared by the Governor (due to expire July 7), the statutory emergency powers remain available to community associations which includes the power to close amenities when based upon the advice of licensed professionals or emergency management officials. With that in mind, after consultation with the aforementioned licensed professionals or emergency management officials, amenities can be closed. Moreover, there is no obligation to open amenities if the board believes, that in its reasonable business judgment, doing so would create an unsafe condition and/ or if compliance with local, state, and federal orders cannot be met.
Our comments to assist your understanding of each of these orders are provided in red text. Stay safe!
In addition to addressing other re-opening directives, Palm Beach County Order 2020-007 addresses tennis courts, swimming pools along with other amenities. It became effective May 18, 12:01 am.
TENNIS COURTS:
Applies to Community Associations
Tennis and outdoor racquet facilities may reopen, and doubles play is permitted, provided that CDC Guidelines, including all social distancing guidelines, are adhered to. In addition, the following restrictions shall apply:
Locker room and shower facilities shall remain closed. Restrooms must be cleaned and disinfected regularly throughout the day. Soap and water or hand sanitizer and/or disinfectant wipes shall be provided in each restroom.
It is the responsibility of staff or management to ensure compliance with this order.
Tennis instruction may be conducted on an individual basis where strict social distancing is followed.
COMMUNITY POOLS:
Applies to Community Associations, and while the requirement for on-site supervision is removed, the association is still responsible to ensure compliance!!!
Community Pools may reopen provided that CDC Guidelines, including all social distancing guidelines, are adhered to. In addition, the following restrictions shall apply:
a. Pool capacity shall be limited to ensure that social distancing in accordance with CDC Guidelines is maintained at all times.
b. Locker room and shower facilities shall remain closed. Restrooms may remain open and shall be cleaned and disinfected regularly throughout the day. Soap and water or hand sanitizer and/or disinfectant wipes shall be provided in each restroom.
c. Pool deck seating or lounging shall be restricted to ensure social distancing in accordance with CDC Guidelines.
d. Staff that is authorized to manage the Community Pool, or their designee, including, but not limited to, Community Pool staff, management company staff, volunteers, board members, or any other authorized persons, shall provide notice, either electronically, by mail, and/or by posting at the Community Pool or any other place where messages are traditionally posted, one or more notices indicating that all users of Community Pools shall abide by any and all social distancing guidelines, including, but not limited to, the CDC Guidelines, and that said users of Community Pools bear the responsibility of such compliance and assume the full risk of utilizing the Community Pools.
e. Staff that is authorized to manage the Community Pool, or their designee, including, but not limited to, Community Pool staff, management company staff, volunteers, board members, or any other authorized persons, shall ensure compliance with all guidelines and requirements set forth in this Order. Such compliance may be accomplished by any reasonable means, including, but not limited to, periodic spot checks, video or other electronic monitoring, and/or compliance hotlines to allow for reporting of violations that are thereafter promptly investigated. In the event that repeated violations occur, staff authorized to manage the Community Pool, or their designee, shall take corrective action, including, but not limited to, closing the Community Pool, limiting access to the Community Pool on a reservation basis only, and/or limiting access to Community Pools to times when staff is present to monitor for compliance.
[Emphasis Added]
RESTRICTION OF RECREATIONAL ACTIVITIES IN PUBLIC PARKS, PRIVATE PARKS, AND NATURAL AREAS:
While not directly applicable to community associations, this section does provide limited guidance as to how similar amenities are being treated by local government.
2. Picnic pavilions shall remain closed.
3. Use of water fountains is prohibited.
4. Basketball courts may be open.
Recreation buildings and gymnasiums may reopen subject to 50% capacity limitations and social distancing guidelines included in State of Florida Office of the Governor Executive Order 20-112 and related subsequent orders.
In addition to addressing other re-opening directives, Palm Beach County Order 2020-007 addresses tennis courts, swimming pools along with other amenities.
It became effective May 18, 12:01 am. Find it HERE or copy and paste this link into your browser:
https://kbrlegal.com/wp-content/uploads/2020/05/PBC_EO-7-with-attachment.pdf
Broward County Order 20-10 addresses re-opening community rooms, fitness centers and gyms in housing developments (i.e., community associations) and re-affirms prior pool re-opening mandates. The order went into effect May 18th at 12:01 am.
Attachment 6: COMMUNITY ROOMS, FITNESS CENTERS, AND GYMS IN HOUSING DEVELOPMENTS
No community room, fitness center, or gym is required to be opened if the housing development does not wish to do so or believes it cannot do so safely and in full compliance with the requirements of this Emergency Order; any decision by a particular housing development is also subject to any applicable internal rules or regulations of that entity.
A. Capacity Requirements
1. Maximum 50% occupancy. Social distancing requirements do not apply to members of the same household.
Exercise machines, equipment and tables must be rearranged and/or closed for use to ensure at least 6 feet of distance between patrons using such machines, equipment, or tables. Social distancing guidelines provided by the CDC shall be adhered to at all times.
No gatherings or multi-player games (e.g., mahjong, poker, etc.) are permitted in the community rooms between persons who do not reside in the same household.
B. Sanitation and Safety Requirements
Housing developments shall provide disinfecting wipes, and residents shall be required to wipe down each machine they used after each use.
Hand sanitizer shall be available at the facility. Patrons must be informed that they must sanitize their hands when entering the gym and prior to utilizing each piece of equipment.
C. Gym and Fitness Center Amenities
1. Hot tubs, saunas, steam rooms, and shower facilities shall remain closed.
Section 9: Public Community Pools and Private Club Pools.
Recreational Pool Amenities as defined in Emergency Order 20-08 that were permitted to operate under that order are excluded from the scope of this Emergency Order and may continue to operate subject to the CDC Guidelines and the requirements of Emergency Order 20-08. For your ease of reference as per Broward Order 20-08 these include, “pool decks or pools in multi family housing developments, condominium developments, condominium hotels, or single-family homeowner associations (collectively, “housing developments”) provided the pool deck and pool are used only by current residents of the housing development; six (6) foot social distancing CDC guidelines are adhered to; pool deck and pool occupancy are limited to no greater than 50% capacity; and either:
(a) the use of the pool deck and pool are supervised by a sufficient number of employees or other person(s) designated by the housing development during the hours in which they are used to ensure compliance with the requirements of this section, and employees or other designees of the housing development sanitize the facility’s pool chairs, railings, gates, tables, showers, and other equipment at the pool and pool deck on a regular basis; or
(b) all furnishings are removed from the pool deck.
Any use of pool decks or pool areas that deviate from the CDC Guidelines or these requirements remain prohibited.”
Broward County Order 20-10 addresses re-opening community rooms, fitness centers and gyms in housing developments (i.e., community associations) and re-affirms prior pool re-opening mandates.
The order went into effect May 18th at 12:01 am. Find it HERE or copy and paste this link into your browser:
https://kbrlegal.com/wp-content/uploads/2020/05/Broward_EO-20-10-with-att6.pdf
The Kaye Bender Rembaum Team Remains Available To You and Your Community Association. Please be Safe.
1200 Park Central Boulevard South,
Pompano Beach, FL. Tel: 954.928.0680
9121 North Military Trail, Suite 200,
Palm Beach Gardens, FL. Tel: 561.241.4462
1211 N. Westshore Boulevard, Suite 409,
Tampa, FL. Tel: 813.375.0731
Tags: Condo and HOA Laws, Management News, Members Articles
by Mitchell Drimmer of Axela
In your Condo or HOA you are going to have delinquencies every month in good times and bad times. These are bad times and the delinquency rate is only going to increase to levels where hard choices by the board of directors need to be made, If Action is not taken!
In normal times CAI (Community Association Institute) estimates that delinquencies fall between 5%-8% but these are not normal times. With the ravages of Covid-19 and the ensuing economic downturn, we can expect delinquency rates to go as high as 35% in some community associations.
It is no secret that the lion’s share of the revenue for community associations comes from the assessments that are paid for by the members of the Condo or HOA. So any cash shortfall is going to place a burden on the entire community. Employees need their salaries, vendors want to get paid, supplies need to be purchased, it costs money to keep a Condo or HOA property running.
So what is to be done if the community has more bills to pay then money in the bank because the owners did not pay their assessments? Hard choices need to be made and attitudes must be adjusted. It all starts from the top and boards of directors of community associations must come to the realization that they have been elected to manage a business. Just like any business there are the leaders of the association and understand that everybody needs to do their part each month to keep the lights on.
Another attitude adjustment must come from the owners. Some members of Condos and HOAs sometimes feel that their least important financial obligation is to the community which houses them. While it may be true that units are purchased, an important part of the covenant the association has with the members is that they will pay for the maintenance of the association. So even when hard times come, and for sure they are here, the members need to continue to pay their fair share.
It is all too common that the HOA maintenance bill is at the bottom of a member’s pile of bills and it’s the last one to be paid. If by the time the member gets to that particular bill, there’s not enough money to cover the payment, it may not get paid at all. Other bills get paid first like credit cards, car loans, utilities, and such.
Yet your most important bill might very well be the community association assessments. The neighborhood that you live in needs to keep the streets safe, services like garbage collection kept up, and the facilities running, not to mention life-safety issues like fire alarms and security.
Members of HOAs and Condos live among the elected leadership of the community and have the ability to watch as the board governs the association. This familiarity may be the cause for some owners to consider their obligations to the community less compelling than a utility bill. One does not expect a neighbor to send another neighbor into collections.
This should never be the case because by not sending in a delinquent owner into collections a board of directors is NOT being good neighbors. They are enabling the delinquency, which will snowball into a larger cost that may not be recoverable. Then the association has to take more serious actions and foreclose on a property and put a family out of their home.
Bad debt happens to associations who will not communicate to an owner that non-payment is not an option and owners who do not understand that this is a bill that needs to be paid.
Tags: Business Articles, Condo and HOA Collections, Management News, Members Articles
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