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NAVIGATING THE TWISTS & TURNS FOR NEW BOARD MEMBERS

NAVIGATING THE TWISTS & TURNS FOR NEW BOARD MEMBERS

  • Posted: Mar 08, 2023
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   New to the Board or Thinking about Elections and running for a Board Position?

You’re now on the Board. Congratulations! And Thank You! You have now become a board member of your association. Serving on the board as a volunteer is important work and we want to be the first to let you know we appreciate your willingness.

Probably the most important thing to realize is that by becoming a board member you now have the awesome responsibility to think about the welfare of the entire association, distinct from the needs and desires of any single owner including yourself. This is not easy, but it is extremely important.

Being on the Board of Directors is important for a variety of reasons. Most importantly you will be able to make a positive and direct impact on the future direction of your community and hopefully a positive impact on the value of your investment and your home. As an increasing number of buyers are evaluating the features of living in a condominium there is more awareness of how value is created and maintained in a homeowner’s association. It is more than square footage and number of bedrooms in the living space. The value of your home is directly affected also by the quality of common area maintenance of the amenities, the enforcement of the rules and regulations, the adequacy of reserve funds, and the community spirit.

Every owner should serve on the Board of Directors at some time during their ownership. As they do they will gain a better understanding and appreciation for the role of the Board. We appreciate your willingness to serve on this board. We look forward to a very productive future together.

Since your prior Association Board made a decision to go with professional property management company they are there to help. You are partners together in managing the affairs of your association. They are able to provide guidance and direction on issues facing the association. The issues you face, for the most part, are not new to them.

SFPMA is here to support you as you volunteer for the association and offer you information making your job easier. Read Articles on our website learn and ask questions.

 

   The “Governing Documents” – What are they, are they important?

The “governing documents” are critically important. As a new Board member, you actually should find a copy and review them, if you haven’t already before now. You were likely given a copy when you purchased. The governing documents consist primarily of two types: the bylaws, and the Covenants, Conditions and Restrictions, also known as “C.C. & R’s. Additionally, the following may be considered part of the governing documents may also include the Articles of Incorporation, and the Condominium Plan. But primarily you will mostly need to be familiar with the By-laws and the C.C. & R’s. These documents are not good bedtime reading unless you are wanting to fall asleep. While you should look at the entire documents, you should especially focus in the By-laws on the sections pertaining to the Board, and also the requirements pertaining to meetings. In the C.C. & R’s, the important sections will pertain to maintenance responsibility and financial management. However, we urge you to find the time with sufficient coffee to review the entire document.

Also, the other information that you may want to become familiar with is the Florida state law, Read the “Statutes 718 – CONDOMINIUMS” and “Statutes 720 HOMEOWNERS’ ASSOCIATIONS”. A great web-site, OnlineSunshine.com is an excellent resource.

 

   What are the Board Positions? What does each Board member do?

Homeowner association boards that operate in effective and healthy ways for the benefit of their associations operate with every Board member playing a distinct and active role relating to a specific area of responsibility. Each board member should be the point person on their given area of responsibility, so that there is no potential of confusion communicated to third parties, such as the management company or other association vendors.

Generally those positions are: President, Vice-President, Treasurer, Secretary, and Director-at-Large. These are typical board positions for a five member board which is most common.

Some by-laws provide for a three member board, in which case some roles have to combine into one. Read the Governing Documents and the Bi-Laws for your Community.

The President

• Facilitates the process of each Board finding their specific role on the board.
• Allows the other Board members to fulfill their role.
• Sets time/place for meetings and Chairs the board meetings and annual meeting.
• Prepares the Board meeting agenda
• Leads the Board with the same voting power as any other board member.

May represent the association or board to third parties, such as the management company. In those cases, the President should always seek to speak for the majority of the Board, not just his or her own thoughts on an issue.

The President may NOT unilaterally speak for the board, but must always be the “voice” of the board.

Qualities that would be helpful for the President: manager, leader, able to delegate, speaks well, organizer.

 

The Vice-President

Assumes the duties of President as needed when the President is unavailable. Available for special tasks as needed, such as architectural issues, internal dispute resolution, community building efforts, or landscaping.

Maintenance Liaison. A Maintenance Liaison would coordinate with the management company representative on issues that may require board interaction between meetings. This person could speak for the board on maintenance issues between meetings. This may mean that this board member would need to poll board members on a particular decision that could not wait until a meeting can occur.

Qualities that would be helpful for the Vice- President: same as President, willingness to learn and grow into the role of President manager, leader, able to delegate, speaks well, organizer.

 

The Secretary

• Records the minutes of all meetings, prepares them for approval by the Board, and arranges for distribution to the owners and the Association Manager.

• Prepares the Notice of the meeting and Agenda and posts it on the property, so that owners are aware of the meeting and have an opportunity to attend.

• Maintains a record of all previous minutes in a “Minutes” book

Qualities that would be helpful for the Secretary: comfortable on a computer and word programs, able to prepare notices and minutes for distribution. Short hand is not required.

 

The Treasurer

• Primarily responsible for the financial affairs of the association.
• Receives and reviews weekly payables, signs checks and mails to vendors.
• Receive the reconciliation’s and copy of reserve statements as they are processed.
• Responsible to safely invest the reserve funds according to the direction of the board, and transfer to the operating account funds as they are needed for reserve projects.
• Reviews monthly financial reports
• The link between the Board and the management company on financial issues
• Coordinates transfers into and out of the reserve account.
• Need to be aware of and understand the reserve study.

Qualities that would be helpful for the Treasurer: able to read and understand basic financial concepts. It is possible to be overqualified for this role for some people who have been involved professional in high level accounting positions as a CFO or controller. Association finances are fairly basic and involve a great deal of common sense. A person who balances their own checkbook is likely able to learn what is necessary.

The Member-at-Large – available for special projects, subject to the direction of the President. The director-at-large may serve as the maintenance liaison.

Member– At-Large: Same as Vice President, perhaps with background or knowledge of maintenance would be helpful.

NEXT, NOW THAT THE OFFICERS ARE DETERMINED:

  1. Notify your manager of the names and positions of each board member.
  2. Bank Signature card. It will be necessary to sign a new signature card for your operating and reserve accounts. Contact your association manager who will set you up with one of the staff in the office who is trained on this process. At least four Board members should sign the bank card so there is back-up in the event someone is unavailable to sign the weekly checks. In addition, there are a couple of other forms to sign. These have to do with instructions regarding the possible need for filing of liens, as required by the law firm handling liens, and another form regarding owners having the ability to pay their dues by automatic debit

  3. Meetings – determine the best time and place to meet. Normally meetings occur at the home of one of the Board members or in a recreation room if one exists. Notify your manager of the dates of your meeting (i.e. third Wednesday) so that we can be sure to have your management reports to you before your meeting. Most associations meet monthly. However, if your By-laws permit, and you do not have many issues pending, you may be able to meet less often.

 

The President should also designate a board member to communicate directly with your manager just after board meetings. Your association manager may or may not be contracted to attend your Board meetings. If it is in your contract to attend, they should certainly will do so. The issue of whether they attend meetings or not can be altered by mutual agreement if the Board deems it necessary.

If you need a manager at a specific meeting, and if they are not contracted for evening meetings, some contract may allow them to charge per hour and this is paid directly to the manager to help compensate for them working a very long day. We would respectfully ask that you allow the manager to present their report and handle questions as early in the meeting as possible and then in some cases, be excused.

  1. Contact Information and Survey – In order to help serve you better, please take the time to complete a list or outline for the information to be discussed. It will help them get to know you better and how best to serve you. This keeps everyone on topic and point for why the meeting took place.

Find Upcoming Events; Educate yourself and the Board Members


Great Board Member practices – How do the best run Associations operate?

We have worked with great boards for many years, and we have worked with Boards who had great difficulty in leading their associations. Here is what we have observed in working with great boards:

  1. Great boards learn to work as a team. There is a balanced sharing of the work load among all board members.
  • The directors listen to others perspective, respecting those on the Board or the association with different opinions. The best decisions are made after a lively discussion of all the issues and concerns. Decisions made, even though not unanimous, become THE decision of the Board. Minority members accept the decision of the majority.

  • No single board member controls or dominates the Board or association. Board discussion is balanced with all members contributing. Board members with dissenting opinion are encouraged. The President leads, but should not dominate.

  • There are no decisions or actions outside of Board meeting, unless the President is required to take emergency action, in which case it is reported to the other members as soon as possible.

  • Board members do no not directly undertake tasks/jobs, that are more suitably handled by a designated professional….. CPA, attorney, consultant. Outside counsel is sought and followed from Management Company, attorney and other consultants as needed.

  • Decisions are made for the best interests of the entire association.

  • Board members understand that they are “serving” their members, not acting as managers.

  • The job of the board is to establish policies and review the work done by others.

  • The Board utilizes professional and competent vendors and they have reasonable expectations of their vendors.

  • Board members realize that they are Board members at Board meetings, or while conducting board business outside of a meeting, and homeowners the rest of the time. After all, this is your home too.

  • Board meetings are regularly scheduled, with proper notice to owners, to which Board members are prepared in advance with material read, and arrive ready to make decisions.

  • Minutes are taken that reflect the decisions made and distributed to owners in a timely fashion.

  • On the awarding of maintenance jobs cost is not the primary issue, rather a concern for the long term effectiveness. In other words, value, is more important than cost. Also, vendors are paid promptly upon satisfactory completion.

  • In the association there is a great community spirit. Owners voices are given consideration, and there is healthy dialogue when needed on important issues. Communication with owners is viewed as important.

  • Conflicts of interest: in a homeowners association the potential for this can occur frequently. Examples of this include relationships with association vendors, having work done on a portion of the common area that would benefit a board member and avoiding the same kind of work elsewhere, keeping the assessments low, at the expense of necessary repairs or reserve funding, so that a unit can be sold in the near future, are all examples of conflicts of interest. Be aware of them, and avoid even the hint of a conflict of interest.

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    Call us for an estimate and make your neighbors envious of your home! by Chucks Painting.

    Call us for an estimate and make your neighbors envious of your home! by Chucks Painting.

    • Posted: Mar 03, 2023
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    Located in Davie Florida the owners of this house wanted to get rid of the orange and white dated colors.

    Well as you can see, Chuck’s Painting, Inc. went above and beyond.

    We are a full service painting company we provide the highest level of quality and service and we are capable of handling all of your painting needs. We specialize in Interior/Exterior Residential painting Townhouse communities Condominium communities Commercial buildings Shopping Plazas and Business Parks.

     

    Call us for an estimate and make your neighbors envious of your home!

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    GET BOARD CERTIFIED AT THE “CONDO AND HOA EXPO” IN TAMPA FEB 28, 2023 * LUNCH IS PROVIDED FOR FREE!

    GET BOARD CERTIFIED AT THE “CONDO AND HOA EXPO” IN TAMPA FEB 28, 2023 * LUNCH IS PROVIDED FOR FREE!

    • Posted: Feb 27, 2023
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    GET BOARD CERTIFIED AT THE CONDO AND HOA EXPO IN TAMPA

    LUNCH IS PROVIDED FOR FREE!

    FEBRUARY 28TH, 2023 AT 9:00 A.M. AT THE TAMPA BAY CONVENTION CENTER.

    REGISTER NOW if you did not already

    COME MEET OVER A HUNDRED CONDOMINIUM AND HOA VENDORS AND TAKE CONDO AND HOA EDUCATIONAL CLASSES ALL DAY LONG
    WE HAVE CERTIFIED OVER 20,000 FLORIDIANS ALL ACROSS THE STATE.
    LEARN ALL ABOUT THE NEW CONDO LAWS REGARDING SAFETY, CERTIFICATION, THE AS AMENDED FROM TIME TO TIME LANGUAGE, BUDGETS, RESERVES, EMOTIONAL SUPPORT ANIMAL LAWS, MANAGER DO’S AND DON’TS, SCREENING AND APPROVING, ACCESS TO RECORDS AND MUCH MUCH MORE.
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    Join SFPMA Members and others on Wednesday, February 22, for the Palm Beach Condo & HOA Expo.

    Join SFPMA Members and others on Wednesday, February 22, for the Palm Beach Condo & HOA Expo.

    • Posted: Feb 13, 2023
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    Join us on Wednesday, February 22, for the Palm Beach Condo & HOA Expo.

    This one-day event is an opportunity to network with industry experts, browse the latest products and services, and learn how to better manage and maintain your Condo or HOA. Learn more at www.pbcondohoaexpo.com.

    Board Members, Managers Sign up for the Seminars and educate yourself then bring back what you learned to the Building Owners.

     

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    What Are the Duties of Condominium Boards?

    What Are the Duties of Condominium Boards?

    • Posted: Feb 06, 2023
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    What Are the Duties of Condominium Boards?

    Condominium boards have complete management responsibility for their community. Even if they outsource some duties to a professional management company, boards still retain these responsibilities. Since individual homeowners, who may not be well-versed in real estate management and legal issues, serve on these boards, all members should understand their duties and responsibilities. Condominium boards should also retain experienced legal counsel and/or accountants to be information resources and advisers.

    Condominium Association Bylaws

    Board members must become intimately familiar with their condominium association bylaws. Management of all condominiums is governed by the association bylaws. Board members must understand all items addressed in the bylaws, often called the “condo docs.” Further, boards must learn all state statutes that relate to bylaw subjects and strictly follow the letter of state laws to avoid legal problems.

    Common Areas and Building Exteriors

    The condominium association board must maintain–and keep in good repair–all common areas and building exteriors. Common areas are those used by all unit owners who have deeded title to small percentages of these areas. These areas include building lobbies, open land or parks, tennis courts, pools and other amenities available to all residents. Whether a high-rise style, townhouses or cluster housing, building exteriors require maintenance and repair, particularly the siding and roofs.

    Condominium Association Budget

    Creating and managing the association budget is a critical duty for condominium boards. The most common reason for condominium problems is mismanagement or misuse of the budget. Association boards without an experienced accountant as a member should consider getting advice from an outside CPA to ensure that their budget is reasonable and complete. Condominium budgets should be built like those of nonprofit corporations. By estimating expenses, including insurance, landscaping, trash removal and similar operating costs for the coming year, the association board determines the amount of monthly individual homeowner assessments, commonly called “condo fees.”

    Maintenance and Repair Reserves

    Along with operating expenses, the association must carefully consider the funds needed as “reserves” for maintenance and repair. As part of the budgetary process, establishing realistic reserves is often overlooked by association boards, sometimes with dire consequences. For example, picture a 48-unit high-rise condominium, with each unit having a suspended wooden deck for relaxing and entertaining. Decks need periodic staining and water protection applications. Further, on older condominium projects, deck replacement would be needed at some point. Neglecting to build reserves into the annual budget for deck maintenance and replacement could result in “special homeowner assessments” of thousands of dollars. Condominium boards must diligently add these to annual budgets to build up cash to make these repairs.

    Collecting Assessments

    Monthly homeowner assessments–condo fees–must be collected by condominium boards. While most condominium bylaws permit boards to place liens on individual units for unpaid condo fees, liens do not equal money. Unit owners may not refinance or sell their homes for many years, leaving the condominium association short of funds to meet budget and reserve demands. Boards have a duty to establish an effective collection policy, much like a bank, to ensure consistent monthly cash flow into the association account to meet operating expenses.

    Fiduciary Duty

    Condominium associations must fulfill their fiduciary responsibility to manage the project in a businesslike and conservative manner. Depending on the size of the condominium project, association boards may manage many dollars and complex business issues. Fiduciary duty is typically measured by evaluating the actions of individuals or groups that “reasonably prudent” persons would take. For example, neglecting to collect condo fees, putting sufficient reserves in the budget or not completing necessary repairs is a breach of fiduciary responsibility. Condominium boards usually have individual and collective fiduciary responsibility and could be subject to serious lawsuits from unit owners for failing to act prudently.

     

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    Florida Condo & HOA Expos – COME MEET HUNDRED’S of CONDOMINIUM AND HOA VENDORS AND TAKE CONDO AND HOA EDUCATIONAL CLASSES AND SEMINARS ALL DAY LONG

    Florida Condo & HOA Expos – COME MEET HUNDRED’S of CONDOMINIUM AND HOA VENDORS AND TAKE CONDO AND HOA EDUCATIONAL CLASSES AND SEMINARS ALL DAY LONG

    • Posted: Jan 20, 2023
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    Condo HOA Expos Florida Dates – You Will Safely Find – Top Companies working together in our Industry!
    Sign up for the Safe Networking and Educational Events!

    COME MEET HUNDRED’S of CONDOMINIUM AND HOA VENDORS AND TAKE CONDO AND HOA EDUCATIONAL CLASSES AND SEMINARS ALL DAY LONG

     


    BROWARD COUNTY CONDO & HOA EXPO

     

    AT THE SIGNATURE GRAND IN BROWARD
    6900 W State RD 84
    Davie, FL 33317

    Tuesday, February 7, 2023

    Seminars: 8:30 am – 5:00 pm
    Exhibits: 10:30 am – 3:00 pm

    REGISTER HERE

     


    PALM BEACH CONDO & HOA EXPO

    Palm Beach County Convention Center
    650 Okeechobee Boulevard
    West Palm Beach, FL 33401

    Tuesday, February 22, 2023

    9am – 4:45pm

    REGISTER HERE

     


    TAMPA BAY CONDO HOA EXPO

     

    AT THE TAMPA CONVENTION CENTER
    333 S. Franklin Street
    Tampa, FL 33602

    FEBRUARY 28TH, 2023

    Seminars: 8:30 am – 5 pm
    Exhibits: 10:30 am – 3:00 pm 


    Find and share this with others,

    Condo HOA Expos Florida Dates – You Will Safely Find – Top Companies working together in our Industry! Sign up for the Safe Networking and Educational Events!

    New Florida laws take effect in January, including from recent special session / SFPMA

    New Florida laws take effect in January, including from recent special session / SFPMA

    • Posted: Dec 27, 2022
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    New Florida laws take effect in January.

    TALLAHASSEE, Fla. (WFLA) — The new year means a few new Florida laws will go into effect, after passage during the 2022 legislative session, as well as the bills passed in December’s special session.

    Eight new laws go into effect on Jan. 1, 2023. Among the various bills’ effects, Floridians can expect changes to newborn healthcare, public notices, and ways to file taxes in 2023.

    Arguably the least controversial is a bill that requires newborns to be tested for congenital cytomegalovirus within three weeks of birth. CMV is the most common infectious cause of birth defects in the United States.

    The virus affects one in every 200 babies each year. Senate Bill 292, passed with widespread support in the March 2022 legislative session, aims to catch long term health problems that cmv causes like hearing and vision loss.

    Also taking effect in January is a bill allowing local government agencies the option to publish legal notices on a publicly accessible website instead of in a print newspaper.

    House Bill 7049 also takes effect Jan. 1, 2023, but hasn’t seen the uniform support that the newborn screening bill did. Lawmakers weighed in on the impacts.

    “This is the most available legal notices will be for people in the history of Florida,” Sen. Jason Brodeur (R-Lake Mary).

    However, former Sen. Gary Farmer (D-Broward), the former Senate minority leader, argued against the bill.

    “The bottom line is the underlying intent of bills like this throughout the country are to weaken news outlets and close the vice grip of corporate control over the news,” Farmer said.

    Another piece of legislation, Senate Bill 2514 allows more taxpayers to file taxes electronically by authorizing the Florida Department of Revenue to lower the payment threshold from $20,000 to $5,000.

    Those were just a few of the laws going into effect next year. Also starting in January are the bills passed during the December special session of the legislature focused on property insurancetoll relief, and Hurricane disaster recovery.


    2022 Laws Already in Effect:

    ADVERTISING
    • HJR 1: Additional Homestead Property Tax Exemption for Specified Critical Public Service Workforce
    • SB 58: Relief of Yeilyn Quiroz Otero by Miami-Dade County
    • SB 70: Relief of Donna Catalano by the Department of Agriculture and Consumer Services
    • SB 74: Relief of Harry Augustin Shumow/Public Health Trust of Miami-Dade County, d/b/a Jackson Memorial Hospital
    • SB 80: Relief of Christeia Jones/Department of Highway Safety and Motor Vehicles
    • SB 96: Emergency Preparedness and Response Fund
    • SB 98: Emergency Preparedness and Response Fund
    • SB 156: Loss Run Statements
    • HB 159: Pub. Rec./Lottery Winners
    • SB 282: Mental Health and Substance Use Disorders
    • SB 288: Electronic Dissemination of Commercial Recordings and Audiovisual Works
    • SB 350: Procedures for Petitions for Utility Rate Relief
    • HB 395: “Victims of Communism Day”
    • HB 397: Court Fiscal Administration
    • SB 364: Specialty License Plates
    • SB 430: Interstate Compact on Educational Opportunity for Military Children
    • SB 434: Florida Tourism Marketing
    • SB 438: United States Space Force
    • HB 455: Rupert J Smith Law Library, St. Lucie County
    • HB 457: St. Lucie County
    • HB 461: Florida Bright Futures Scholarship Program Student Service Requirements
    • HB 471: Town of Lake Clarke Shores, Palm Beach County
    • SB 494: Fish and Wildlife Conservation Commission
    • HB 513: Comprehensive Review Study of the Central and Southern Florida Project
    • SB 514: Substitution of Work Experience for Postsecondary Educational Requirements
    • SB 518: Private Property Rights to Prune, Trim, and Remove Trees
    • SB 520: Public Records and Public Meetings
    • SB 524: Election Administration
    • SB 534: Prescription Drugs Used in the Treatment of Schizophrenia for Medicaid Recipients
    • HB 535: Barefoot Bay Recreation District, Brevard County
    • HB 539: Nursing Home Financial Reporting
    • SB 542: Evidentiary Standards for Actions Arising During an Emergency
    • HB 543: Uterine Fibroid Research and Education
    • SB 544: Drug-related Overdose Prevention
    • SB 566: Mental Health Professional Licensure
    • SB 638: Early Childhood Music Education Incentive Pilot Program
    • SB 704: Substance Abuse Service Providers
    • HB 749: Fraud Prevention
    • SB 846: Florida Statutes
    • SB 848: Florida Statutes
    • SB 850: Florida Statutes
    • SB 852: Florida Statutes
    • HB 873: Pub. Rec./Execution Information
    • HB 893: Child Welfare Placements
    • HB 895: Lakewood Ranch Stewardship District, Manatee and Sarasota Counties
    • HB 925: Benchmark Replacements for London Interbank Offered Rate
    • SB 926: Licensure Examinations for Dental Practitioners
    • HB 927: Downtown Crystal River Entertainment District, Citrus County
    • HB 929: City of West Palm Beach, Palm Beach County
    • SB 934: Public Records/Homelessness Counts and Information Systems
    • SB 962: Residential Development Projects for Affordable Housing
    • SB 968: Individual Retirement Accounts
    • SB 988: In-person Visitation
    • HB 993: Sebring Airport Authority, Highlands County
    • HB 1045: West Villages Improvement District, Sarasota County
    • SB 1046: Public Records/Law Enforcement Geolocation Information
    • HB 1047: Cedar Hammock Fire Control District, Manatee County
    • SB 1048: Student Assessments
    • HB 1057: Evidence of Vendor Financial Stability
    • SB 1058: Property Insurer Reimbursements
    • SB 1062: Service of Process
    • SB 1078: Soil and Water Conservation Districts
    • HB 1103: North River Ranch Improvement Stewardship District, Manatee County
    • HB 1105: Lake County Water District, Lake County
    • HB 1107: City of Inverness, Citrus County
    • HB 1135: Santa Rosa County
    • HB 1189: Firefighters’ Relief and Pension Fund of the City of Pensacola, Escambia County
    • SB 1222: Acute and Post-acute Hospital Care at Home
    • HB 1231: East Lake Tarpon Community, Pinellas County
    • SB 1239: Nursing Homes
    • SB 1380: Real Property Rights
    • HB 1423: City of Edgewood, Orange County
    • HB 1427: Hillsborough County Aviation Authority
    • HB 1429: City of Ocala, Marion County
    • HB 1431: City of Apopka, Orange County
    • HB 1433: Orange County
    • HB 1435: Code and Traffic Enforcement
    • HB 1475: Cleanup of Perfluoroalkyl and Polyfluoroalkyl Substances
    • HB 1495: Immokalee Water and Sewer District, Collier County
    • HB 1497: City of Jacksonville, Duval County
    • HB 1499: City of Key West, Monroe County
    • HB 1563: Homestead Property Tax Exemptions for Classroom Teachers, Law Enforcement Officers, Firefighters, Emergency Medical Technicians, Paramedics, Child Welfare Professionals, and Servicemembers
    • HB 1581: Jackson County Sheriff’s Office
    • HB 1583: Emerald Coast Utilities Authority, Escambia County
    • HB 1591: Hernando County
    • SB 1614: Public Records/Motor Vehicle Crashes/Traffic Citations
    • SB 1658: Executive Appointments
    • SB 1808: Immigration Enforcement
    • SB 2516: Office of the Judges of Compensation Claims
    • HB 6513: Relief/Kareem Hawari/Osceola County School Board
    • SB 7014: Civil Liability for Damages Relating to COVID-19
    • HB 7027: The Judicial Branch

    Taking Effect in July:

    • HB 3: Law Enforcement
    • HB 5: Reducing Fetal and Infant Mortality
    • HB 7: Individual Freedom
    • HB 31: Firefighter Inquiries and Investigations
    • HB 45: Educational Opportunities for Disabled Veterans
    • HB 105: Regulation of Smoking By Counties and Municipalities
    • SB 144: Identification Cards
    • SB 160: Transportation-related Facility Designations
    • HB 173: Care of Students with Epilepsy or Seizure Disorders
    • HB 195: Juvenile Diversion Program Expunction
    • SB 196: Florida Housing Finance Corporation
    • HB 197: Pub. Rec./Nonjudicial Arrest Record of a Minor
    • SB 222: Swimming Pool Specialty Contracting Services
    • SB 224: Regulation of Smoking in Public Places
    • HB 225: Charter School Charters
    • SB 226: Care for Retired Police Dogs
    • SB 235: Restraint of Students with Disabilities in Public Schools
    • SB 236: Children with Developmental Delays
    • SB 254: Religious Institutions
    • HB 255: Private Instructional Personnel Providing Applied Behavior Analysis Services
    • SB 266: Motor Vehicle Insurance
    • SB 282: Mental Health and Substance Use Disorders
    • SB 288: Electronic Dissemination of Commercial Recordings and Audiovisual Works
    • SB 312: Telehealth
    • SB 350: Procedures for Petitions for Utility Rate Relief
    • SB 352: Construction Liens
    • HB 357: Pharmacies and Pharmacy Benefit Managers
    • HB 375: Structural Engineering Recognition Program for Professional Engineers
    • HB 381: Breach of Bond Costs
    • HB 397: Court Fiscal Administration
    • SB 418: Assistive Technology Advisory Council
    • HB 423: Building Regulation
    • SB 442: Powers of Land Authorities
    • HB 453: Officer and Firefighter Physical Examination Requirements and Records
    • SB 454: Florida Commission on Offender Review
    • HB 469: Patient Care in Health Care Facilities
    • SB 474: Recreational Off-highway Vehicles
    • HB 481: Temporary Underground Power Panels
    • HB 459: Step-therapy Protocols
    • HB 469: Patient Care in Health Care Facilities
    • SB 514: Substitution of Work Experience for Postsecondary Education Requirements
    • SB 518: Private Property Rights to Prune, Trim, and Remove Trees
    • SB 534: Prescription Drugs Used in the Treatment of Schizophrenia for Medicaid Recipients
    • HB 539: Nursing Home Financial Reporting
    • SB 542 Evidentiary Standards for Actions Arising During an Emergency
    • HB 543: Uterine Fibroid Research and Education
    • SB 544: Drug-related Overdose Prevention
    • SB 562: Military Occupational Licensure
    • HB 593: Telecommunicator Cardiopulmonary Resuscitation
    • SB 596: Criminal Conflict and Civil Regional Counsels
    • SB 598: Public Records/Criminal Conflict and Civil Regional Counsel Office
    • SB 606: Boating Safety
    • HB 615: Human Trafficking
    • HB 631: Airport Funding
    • SB 632: Occupational Therapy
    • SB 634: Judicial Notice
    • HB 689: Workers’ Compensation Benefits for Posttraumatic Stress Disorder
    • SB 706: School Concurrency
    • SB 722: Education for Student Inmates
    • SB 752: Probationary or Supervision Services for Misdemeanor Offenders
    • SB 758: Education
    • SB 768: Department of Health
    • SB 806: Alzheimer’s Disease and Related Forms of Dementia Education and Public Awareness
    • HB 817: Emergency Medical Care and Treatment to Minors Without Parental Consent
    • HB 837: Hurricane Loss Mitigation Program
    • SB 838: Fire Investigators
    • SB 854: Florida Statutes
    • HB 855: Managed Care Plan Performance
    • SB 856: Private Provider Inspections of Onsite Sewage Treatment and Disposal Systems
    • SB 882: Inventories of Critical Wetlands
    • SB 896: Educator Certification Pathways for Veterans
    • SB 898: Lodging Standards
    • HB 899: Mental Health of Students
    • HB 909: Pollution Control Standards and Liability
    • SB 914: Department of Highway Safety and Motor Vehicles
    • HB 915: Commercial Motor Vehicle Registration
    • HB 921: Campaign Financing
    • HB 959: Department of Financial Services
    • HB 963: Funding for Sheriffs
    • HB 965: Environmental Management
    • HB 967: Golf Course Best Management Practices Certification
    • SB 1000: Nutrient Application Rates
    • SB 1006: State Symbols
    • SB 1012: Victims of Crimes
    • HB 1023: Insolvent Insurers
    • SB 1038: Florida Seaport Transportation and economic Development Council
    • SB 1048: Student Assessments
    • SB 1054: Financial Literacy Instruction in Public Schools
    • HB 1097: Florida Citrus
    • HB 1099: Living Organ Donors in Insurance Policies
    • SB 1110: Grease Waste Removal and Disposal
    • HB 1119: Grandparent Visitation Rights
    • SB 1140: Alarm Systems
    • SB 1186: Agritourism
    • SB 1190: Two-way Radio Communication Enhancement Systems
    • HB 1209: Administration of Vaccines
    • SB 1222: Acute and Post-acute Hospital Care at Home
    • SB 1236: County and Municipal Detention Facilities
    • SB 1244: Statutes of Limitation for Offenses Relating to Sexual Performance by a Child
    • SB 1246: County and Municipal Detention Facilities
    • HB 1249: Treatment of Defendants Adjudicated Incompetent to Stand Trial
    • SB 1262: Mental Health and Substance Abuse
    • SB 1304: Public Records/Trust Proceedings
    • HB 1349: Guardianship Data Transparency
    • SB 1360: Governor’s Medal of Freedom
    • SB 1368: Trusts
    • SB 1374: Clinical Laboratory Testing
    • HB 1411: Floating Solar Facilities
    • HB 1421: School Safety
    • SB 1432: Vessel Anchoring
    • HB 1445: OGSR/Dependent Eligibility Information/DMS, contingent upon SB 7026
    • HB 1467: K-12 Education
    • HB 1469: Transportation Facility Designations
    • SB 1474: Online Training for Private Security Officers
    • SB 1502: Estates and Trusts
    • SB 1526: Public Records/Annuity Contract Payees
    • SB 1552: Direct-support Organization for the Florida Prepaid College Board
    • HB 1557: Parental Rights in Education
    • HB 1577: Homeless Youth
    • SB 1680: Financial Institutions
    • SB 1712: Veteran Suicide Prevention Training Pilot Program
    • SB 1764: Municipal Solid Waste-to-Energy Program
    • SB 1770: Donor Human Milk Bank Services
    • SB 1844: Mental Health and Substance Abuse
    • SB 1950: Statewide Medicaid Managed Care Program
    • SB 2510: Florida Gaming Control Commission
    • SB 2518: Information Technology
    • SB 2524: Education
    • SB 2526: Health
    • SB 2530: Motor Vehicle Title Fees
    • HB 5001: General Appropriations Act
    • HB 5003: Implementing the 2022-2023 General Appropriations Act
    • HB 5005: Collective Bargaining
    • HB 5007: State-administered Retirement Systems
    • HB 5009: State Group Insurance Program
    • HB 5301: Capitol Complex
    • SB 7026: OGSR/Dependent Eligibility Verification Services
    • HB 7029: Time Limitations for Preadjudicatory Juvenile Detention Care
    • SB 7034: Child Welfare
    • SB 7036: Lifeline Telecommunications Service
    • SB 7044: Postsecondary Education
    • HB 7053: Statewide Flooding and Sea Level Rise Resilience
    • HB 7055: Cybersecurity
    • HB 7057: Pub. Rec. and Meetings/Cybersecurity, contingent upon HB 7055
    • HB 7065: Child Welfare
    • HB 7071: Taxation

    Laws Taking Effect in 2023

    • HB 273: Money Services Businesses, takes effect Jan. 1, 2023
    • SB 292: Newborn Screenings, takes effect Jan. 1, 2023
    • SB 336: Uniform Commercial Code, takes effect Jan. 1, 2023
    • SB 754: Mobile Home Registration Periods, takes effect Sept. 1, 2023
    • HB 7049: Legal Notices, takes effect Jan. 1, 2023

     

    It’s too easy to steal from vulnerable Florida homeowners. Lawmakers can fix HOA laws  Read more at: https://www.miamiherald.com/opinion/op-ed/article269211377.html#storylink=cpy

    It’s too easy to steal from vulnerable Florida homeowners. Lawmakers can fix HOA laws Read more at: https://www.miamiherald.com/opinion/op-ed/article269211377.html#storylink=cpy

    • Posted: Dec 13, 2022
    • By:
    • Comments: Comments Off on It’s too easy to steal from vulnerable Florida homeowners. Lawmakers can fix HOA laws Read more at: https://www.miamiherald.com/opinion/op-ed/article269211377.html#storylink=cpy

    The recent arrests of Hammocks Community Association members have cast a long-overdue light on the plight of helpless homeowners when the directors of a homeowners association (HOA) go deliberately wrong.

    The Florida Legislature specifically designed the state’s HOA law to limit government’s ability to regulate HOAs, explaining, “It is not in the best interest of homeowners’ associations or the individual association members thereof to create or impose a bureau or other agency of state government to regulate the affairs of homeowners’ associations.”

    While this may be a virtuous conceptual approach, it has created the unintended consequence of leaving homeowners with little, if any, protection or opportunity of redress when HOA board members raid association bank accounts. In this criminal case, we believe the evidence can prove the theft of well over $1 million of homeowners’ monies. But we think the actual loss is much higher.

    Sadly, we have seen instances of greedy or unscrupulous board members take advantage of this lack of oversight before. They often hide their misconduct by making it extraordinarily difficult and expensive for homeowners to effectively access and examine any records. Ironically, homeowners typically are stuck paying exorbitant legal fees for accessing information to which they should be entitled. Current law renders the only Florida agency with the slightest regulatory authority, the Department of Business and Professional Regulation (DBPR), impotent to provide the oversight that HOA residents deserve. The law also makes it unnecessarily burdensome for law-enforcement officers to obtain evidence of wrongdoing.

    In 2016, I brought similar problems regarding condominium oversight and financial records accessibility to the attention of our grand jury. Their detailed report included a number of recommendations to alleviate the problem. While condominiums are not HOAs, the problems of records accessibility and financial mismanagement are surprisingly similar.

    Homeowners in HOAs should be protected. Based on experiences learned during our criminal investigation, the Florida Legislature can take several steps that would go far to help vulnerable homeowners throughout Miami-Dade County, and all of Florida, without creating the government overreach the lawmakers rightfully wished to avoid:

    ▪ Amend the HOA law to include the same minimal protections given to condominium owners.

    ▪ Amend the HOA and condominium laws to provide criminal penalties for the destruction of association records or the failure to provide records upon lawful request.

    ▪ Amend both statutes to include criminal penalties for election fraud.

    ▪ Amend the law to allow DBPR to oversee HOAs and condominiums more effectively. At a minimum, the Legislature should authorize DBPR to inspect records and to personally fine board members for failing to comply with the law or provide reports to members in a timely manner.

    ▪ Expand the Florida condominium ombudsman’s ability to oversee condominiums and allow the ombudsman to review HOA complaints.

    I was gratified to see the Miami Herald’s Editorial Board recognize some of the challenges we face during our ongoing criminal prosecution and continued investigation into the Hammocks Community Association and the clear need for focused change in the oversight of Florida’s thousands of HOAs.

    As always, I would welcome the opportunity to work closely with any of our legislators who want to address the homeowners victimized by one of Florida’s largest HOAs. This issue is far too important to ignore.

     

    The State of Florida has issued a recent update to the State of Florida Elevator Code that requires that all existing elevators must be in compliance

    The State of Florida has issued a recent update to the State of Florida Elevator Code that requires that all existing elevators must be in compliance

    • Posted: Dec 13, 2022
    • By:
    • Comments: Comments Off on The State of Florida has issued a recent update to the State of Florida Elevator Code that requires that all existing elevators must be in compliance

    Attention Florida Property Managers & Building Owners:

    The State of Florida has issued a recent update to the State of Florida Elevator Code that requires that all existing elevators must be in compliance with part 3.10.12 of ASME A17.3-2015, Safety Code for Existing Elevators and Escalators.

     

    A17.3-2015 Contains the Retroactive Requirement 3.10.12 System to Monitor and Prevent Automatic Operation of the Elevator with Faulty Door Contact Circuits. All conveyances licensed by the State of Florida Bureau of Elevator Safety, including those located within the 5 contracted jurisdictions (Broward, Miami-Dade, City of Miami, City of Miami Beach, Reedy Creek Development District) must be in compliance with the above Code by December 31, 2023. This system is referred to as Door Lock Monitoring.

    By December 31, 2023 ALL Existing Elevator Must Have Been:

    ·         For Elevators Installed Prior to A17.1 2000 (MOST ELEVATORS)

    Equipped with a New Hardware and Software Upgrade and Inspected by a Licensed Elevator Contractor.

     

    ·         For Elevators Installed Under A17.1 2000 or Newer

    Inspected by a Licensed Elevator Contractor to Ensure Door Lock Monitoring is Functional and Code Compliant. These elevators may STILL require New Hardware and Software Upgrades depending on the Controller Manufacturer.

     

    Frequently Asked Questions

    Is Door Lock Monitoring Mandatory for my County?

    Yes, Door Lock Monitoring is mandatory for ALL elevators in the State of Florida

     

    Do I need to use my Current Vendor to install Door Lock Monitoring?

    No, you can use any experienced vendor to perform your Door Lock Monitoring installation. This is considered work outside your Service Agreement.

     

    What happens if I do not comply?

    Failure to comply with Door Lock Monitoring will result in failed inspections and fines from the State and/or County.


     

    Contact your Elevator Contractor or find top companies on our Directory for Florida Members

     

    Florida condo owners brace for rising insurance rates State lawmakers set to meet Dec. 12 for special session regarding issue

    Florida condo owners brace for rising insurance rates State lawmakers set to meet Dec. 12 for special session regarding issue

    • Posted: Dec 08, 2022
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    • Comments: Comments Off on Florida condo owners brace for rising insurance rates State lawmakers set to meet Dec. 12 for special session regarding issue

    Florida condo owners brace for rising insurance rates

    State lawmakers set to meet Dec. 12 for special session regarding issue

    SINGER ISLAND, Fla. — Many South Florida condo owners are getting a holiday surprise they weren’t expecting — paying more for insurance. It’s all part of the state’s insurance crisis that has hit homeowners all year.

    “The insurance this year is hitting us hard,” Johannes Neckermann, who sits on a condo board on Singer Island, said.

    The rate hikes are not only hitting condo owners but also condo associations, which then pass on the costs to the condo owners.

    “We raised this year the rate on unit owners just to afford the insurance,” Neckermann said.

    He said in some cases the costs were up 40% over last year.

    Florida property owners are already paying the most in the country for insurance, and it’s only getting worse.

    Many condo owners are just discovering this, especially the part-time residents who are now arriving for the winter months.

    “There’s a little bit of a sticker shock for people who don’t follow Florida year-round,” Robert Norberg of Arden Insurance in Lantana said.

    Experts said there are several reasons for the increase in rates, all of which are making it very tough for insurance companies to stay afloat.

    “It’s been several years of claim problems, and things like, that impact associations, as well as individual unit owners, plus now the Surfside [condo collapse in 2021], plus the issues with recent hurricanes,” Norberg said. “They’re all taking losses, and it hits not only the unit owner but the association in a big way.”

    Condo owners are getting hit twice on those fees and then with their own insurance going up.

    As with homeowners, it’s likely to drive condo dwellers to the state-run Citizens Property Insurance, which is already ballooning with more than a million policies.

    Florida lawmakers are supposed to meet Dec. 12 for a special session on fixing the insurance issues, but there are no promises anything can be fixed quickly.

    “They can’t force insurance companies to charge,” Norberg said. “The only thing they can do is help regulate the rates of admitted carriers.”

     

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    Dorothy followed the yellow brick road after a weather related Storm carried her..to Oz

    Dorothy followed the yellow brick road after a weather related Storm carried her..to Oz

    • Posted: Nov 21, 2022
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    • Comments: Comments Off on Dorothy followed the yellow brick road after a weather related Storm carried her..to Oz

    Dorothy followed the yellow brick road after a weather related Storm carried her..to Oz

    In Florida during our Wicked storm season Condo’s and HOA’s need protections like those ruby slippers Dorothy wore while she went looking for a way home.

    SFPMA and our Members are here to help!

    STORM DAMAGE CLAIMS FOR YOUR CONDO AND HOA PROPERTIES!

    Has your Home, Condo or HOA Sustained Property Damage?

    SFPMA has a team of Legal Experts, adjusters, estimators and claim specialists for the benefit of the Condo and HOA’s who sustained damage from the storms and fire, water or mold.

    With the know-how and experience to analyze, evaluate, and negotiate the best settlement for your Insurance Claim!

    “Get the maximum settlement for your damage claim!”

     

    From Roof Leaks, Windows Broken, Trees up rooted, and electric lines that snap, to the inside from pulling permits to repairing damage from broken pipes, Mold and Mitigation and restoration companies, construction repairs, to finding the right engineering company to inspect structural integrity with an understanding of leak detection and injection to prevent water intrusions. Just some of the member companies
    lined up to help you during Florida’s Storm Season ready to repair your properties and completed.

    SFPMA and  FloridaAdjusting.com

    Is pleased to provide you with The Top Florida Adjusters, Roofing repair companies and Law Firms that fight on your behalf with the Insurance companies to get your claims paid fast.

    When you dont know who to call or your insurance company will not pay the total cost of you estimated Damage when Water intrusions can destroy a building’s structural integrity, harbor mold, and become a serious hazard.

     

    Use your Brain, Have some heart and with the knowledge each one of the members bring to settle your claim and fix the damage you will be way ahead of any other person who needs their home protected and repaired!

     

    Find Legal firms, Public Adjusters, Roofing Companies, and general contractors that are full Members of sfpma, these professionals are ready to help get your properties ready and repaired after the storms all of these companies are working together with insurance companies and will repairs damage and fight for your rights.

     

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