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HOA Statement of Receivables

HOA Statement of Receivables

HOA Statement of Receivables

A statement of receivables, or accounts receivable statement, is a document that details the outstanding charges owed to the community association. This can be from sources such as overdue dues, vendor credits, late fees, or any other outstanding source of income. It is essentially a list of every account that still owes the HOA money.

 

What is in a Statement of Receivables

These statements should contain all accounts that owe money, along with the grand total of overdue funds. The total will help with budgeting purposes. Knowing how much money is available, if collections are being handled properly, can help with financial planning. The list of all overdue accounts can act as a checklist for anyone working in collections to ensure that no account is missed.

Some associations prefer to go one step further and detail which accounts are 30 days, 60 days, and over 90 days past due. For example, if a homeowner has missed their dues in March, April, and May; they will have money in the 30, 60, and 90-day categories. This way, collections agents will know to put more pressure on collecting the April dues versus following up on another account that is only 30 days behind. Just like with all financial statements, the more detail you provide, the easier it is to plan and manage.

 

How Often Should They be Prepared

While the HOA statement of receivables should be prepared at the same frequency as all other financial statements, it is helpful for the accounts receivable statement to be released more frequently. There are even programs available to keep up with AR statements in real time and have them available on demand. This can be immensely helpful for collection purposes to make sure that everyone is on the same page.

 

Need More Information

Financial management can be one of the toughest aspects to operating a successful HOA. If you are having trouble with reviewing financial documents such as the HOA Bank Statements, contact the professionals at CSM. We have years of experience working with homeowner’s associations from all over the United States. Using state-of-the-art technology, we can provide financial management assistance while still allowing association directors to remain independent.

 

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SFPMA’s Maintaining an Condo & HOA General Ledger

SFPMA’s Maintaining an Condo & HOA General Ledger

  • Posted: Oct 31, 2022
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Maintaining an Condo & HOA General Ledger

The foundation of all  accounting is the general ledger. Much like your checkbook at home, the Condo & HOA general ledger keeps an ongoing record of all transactions made by the community association. All other financial statements such as the balance sheet, income statement, and statement of receivables are created based on the ledger.

Unlike all the other financial statements which are prepared on a monthly, quarterly, or annual basis, the general ledger should be continuously updated. Whenever a transaction is made or received, it needs to be accounted for. At any point in time, you should be able to look at the ledger and see how much money the association currently has in all accounts and where money has moved. If you need to go back and see how much the association spent on landscaping in August three years ago, you should be able to find it in the ledger records.

 

Accounting Approaches

There are three basic approaches to manage finances. There is no right method for every association. Each HOA is different and may find that one method of accounting works better for them than another.

  • Accrual – The most popular and preferred method. In an accrual approach, revenues and expenses are recorded when they are incurred instead of when money changes hands. This means that communities using this approach will need to maintain two other ledgers for payables and receivables. For example, when invoices are sent to homeowners for dues, that money is marked down in the receivables ledger. As community members pay their dues, the money in the receivables leger is moved to the general ledger. The same process is used for expenses in a payables ledger. While this may take more effort than other accounting methods, it provides much more detail.
  • Modified Accrual – A mixture of accrual and cash approaches. In modified accrual, revenues get recorded when they are earned while expenses get recorded as money changes hands. Condo & HOAs that use this approach will need a separate ledger for receivables but will document expenses as they are paid in the general ledger.
  • Cash – Transactions are documented on one ledger as money exchanges hands. This is the simplest approach but provides the least amount of detail.

Once you find the approach that works best for your community, stick with it. Switching between different approaches can make reviewing financial information in the future confusing and may hinder your board of directors’ ability to make well-informed decisions.

 

What Should be Included

Depending on the system of accounting, your HOA may have several ledgers running at all times. But no matter the approach, ledgers should include all transactions made by the community association in and out. Each account owned by the Condo & HOA should also have its own ledger. Most associations have at least an operational account and a reserve account.

Regularly checking bank statements is a good way to double check the accuracy of the general ledger. Sometimes transactions can accidentally go unreported or, in some cases, fraudulent activity may occur. Whenever you receive statements from the bank, make sure all transactions match up between them and the general ledger.

 

Need Help Maintaining an Condo & HOA General Ledger

Finances can be confusing. It is always helpful to have a professional on your side to make sure everything is being done properly. If you are having trouble keeping up with all the financial documents necessary to properly manage an HOA, call the experts at CSM. We have years of experience working with homeowner’s associations in almost every state in the US. We offer a wide variety of financial management solutions to give you all the assistance you need while still maintaining your independence.

 

Find top companies working in the Condo HOA and Management industry in Florid on our Directory!

 

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Guide to HOA Financial Statements

Guide to HOA Financial Statements

  • Posted: Oct 28, 2022
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HOA Financial Statements

Managing the finances of a community association is one of the most difficult, and most important, responsibilities of an HOA board of directors. Preparing detailed HOA Financial Statements on a regular basis serves a multitude of purposes from providing insight for financial planning, promoting transparency between the board and residents, as well as being a requirement by law in some instances. The frequency of preparation may vary depending on state laws, community bylaws, and the size of the association.

If you are having trouble preparing community financial statements, the professionals at CSM are standing by to answer all your questions. We have years of experience working with thousands of residents across the United States.

 

What is an HOA Financial Statement?

Simply put, an HOA Financial Statement is an official record that details all the financial activities of the community association. Specific details that must be included depends on state regulations and community bylaws, but there are some basic details that should be included regardless of size or location:

The most common mistake that people make when preparing HOA financial statements is not adding enough detail. Every detail that can be added, no matter how small, can provide a more thorough insight and lead to better decision making. When in doubt, include it.

It should also be put into an easy to read format. These documents will be available to everyone in the community, most of which do not have advanced accounting degrees. For an HOA financial statement to be effective, it needs to be prepared so that anyone can understand the content. Making it too complicated alienates people and hinders community relations.

 

How Often Do Financial Statements Need to be Prepared?

There is no standard frequency that HOA financial statements must be prepared. It will depend on state regulations, community goals, and the size of the community. Of course, the more frequently statements can be prepared, the more helpful they will be for the board of directors. Smaller HOAs with simpler budgets can prepare monthly without much problem. Larger associations with more complicated budgets may opt to prepare statements quarterly or annually.

No matter what decision is made regarding frequency, it must be maintained. Straying from the regular schedule only causes issues between the board members and homeowners. It leads to a feeling of distrust. When dealing with financial information, it is best to be open and honest in as much detail as is appropriate.

For smaller, self-managed associations, if there is trouble getting financial statements completed on time, it is relatively inexpensive to hire an accountant as needed to prepare balance sheets. This ensures that all the information will be completed in a timely manner without taking time out of community volunteer’s busy schedules. It also means that the statements have been professionally checked and relieves some of that stress from the board members as well.

There are also a multitude of services available from CSM to help homeowner’s associations get organized and prepare their own financial statements. With the professional support of an experienced team along with state-of-the-art technology, even the most inexperienced association members will be able to navigate the complicated waters that is HOA financial management with ease.

 

What is a Financial Statement Used For?

The obvious answer is that detailed HOA financial statements can be used by the community association board of directors to adjust budgets, dues, and allocate money for maintenance and projects. The more detailed the statement, the more effective the HOA.

It is a requirement for any sort of financial planning. For starters, if records are kept consistently, association directors can look back on previous financial years to identify patterns that could affect the current budget and adjust accordingly. It is also imperative to keep track of money owed. If detailed records are not kept, it can be near-impossible to keep track of delinquent dues or know how much money is available to budget for community maintenance and new projects.

In some states, it is a legal requirement for HOAs to maintain and submit regular financial statements. Even if it is not required in your state, it is a good idea to keep detailed records anyways as they will be extremely beneficial for all other aspects of homeowner’s association management.

Most importantly, having detailed financial statements readily available to all HOA members can promote transparency between the board and the community. If the homeowners can see what their money is going towards, they will be more agreeable and open with the board of directors. It promotes teamwork throughout the community.

 

Where Should the HOA Financial Statements Go?

As with most things regarding HOA financial statements, it depends on state laws and community bylaws. Generally, there are three places that they need to be turned in:

  1. The HOA Board of Directors – the board of directors should receive a full, unedited report. They will need all available financial details in order to make informed decisions and plans regarding community maintenance and future projects.
  2. Community Members – to foster an open and transparent relationship, homeowners should also receive copies of HOA financial statements. These statements, however, should be altered to exclude sensitive information such as delinquent accounts. There is a difference between being sensitive and being secretive. If it will not cause an issue between community members, it should be included in the documents sent to community members. All HOA financial statements should be available upon request.
  3. State Department – if a homeowner’s association is organized as non-profit, an annual report must be filed with the Secretary of State. Failure to do so could result in losing their “Good Standing” status. This may not be applicable to all HOAs.

The more accessible financial statements are, the better. Some community associations even opt to put their financial information on their website to allow homeowners to view it at any time. Of course, not all information needs to be publicly accessible, but everything that can be included should be included. Transparent financial processes help to promote teamwork and positive community relations between homeowners and association board members.

 

Who Should Prepare Financial Statements?

This answer depends on the size of the community. Smaller, self-managed associations may have an elected treasurer, financial officer, or president that is responsible for compiling financial documents. In such cases, it is a good idea to use a professional accountant to ensure that HOA financial statements are prepared correctly before releasing them to board and community members. Remember, just because someone was elected treasurer, does not necessarily mean they have accounting experience. It is always best to hire a professional. Large homeowner’s associations have more complex budgets and will usually have a management company, such as CSM, that handles all financial data.

If statements are self-prepared by an elected community member, make sure that there is a backup of all financial records. In the unfortunate event that something happens and the preparer is no longer able to maintain their responsibilities, it can be difficult for the next person to learn their accounting methods or sometimes even gain access to the records.

Whether an HOA is made up of ten units or ten thousand units, it could be beneficial to hire a management company to ensure that everything is being run as efficiently and effectively as possible. When looking into property management companies, it is important to look for a company with a strong financial background. If the finances are not well kept, the entire community association becomes ineffective. Hiring a company such as CSM to provide financial management assistance not only makes life easier for the board of directors but can also give community members peace of mind knowing that all finances are being managed accurately and efficiently.

 

The Importance of HOA Financial Statements

To make a great plan, it is important to have all the information possible. Reliable, consistent, and transparent financial statements not only help the HOA board of directors make well-informed decisions but also support community health by allowing all community residents and stakeholders to be a part of the team. Keeping members in the dark only promotes mistrust and working with inadequate or no financial information can lead to dwindling reserves for community upkeep and new projects.

Creating an effective HOA is as simple as choosing an accounting process that works for your team, keeping detailed records, and communicating openly and freely with the community about all financial information.

 

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Do you take advantage of our Marketing? What is involved with your Membership Listings

Do you take advantage of our Marketing? What is involved with your Membership Listings

As a member you want to know what marketing steps you can take to promote your company and Learn how we market our members.

Many members use what we offer, they send us Articles we republish to our industry, but we have had many companies that do not….then inform us we are not getting many requests?  we ask them when is the last time you sent any information via ( membership@sfpma.com )

Their answer does not surprise us:  They state, well we were busy.  So our Team looks at their social Media, either non ex-histant or one post a month. But they do have many likes, follows of other companies. That is not using marketing to help people in your industry learn about the value you can bring to them.

Our IT Dept is always finding the best way to use programs that automatically market the members information, then post to the internet and direct emails. Not to forget social media pages and groups.

There are so many avenues you can take advantage of with a SFPMA Membership.

 

  •  You are placed on a full company page, like an extension of your website.  Included in the directory listing page is; your logos, the bio about what your company offers with your contact and social media. It is vital that you provide these links so new clients when searching can learn more about the services you provide and contact you. (Website Directory Company Listing Page)

 

  •  You are also placed in our magazine directory. Each month we publish an Industry Magazine sent to thousands of Clients. This Publication is Digital! so each reader can click on the Advertising within they are sent through rich media links to either your website or the membership page on sfpma. Some companies have a Landing Page set up on their websites that give Information, Sales and Specials  through the Magazine Links they provide to us, giving great value for clients to click and use our members and keep reading the magazine.  (Magazine Directory in the Florida Rising Magazine)

 

  •  Members can send to us Sales and Products their companies are running.   Sales and products submitted by members are Emailed weekly/monthly, as our industry professionals are reading the articles they can easily learn the services and the expertise your company offers them. They find you through you links supply or we link these to your Membership page. So, If your company is running specials or sales send them to us!. Everyone likes to save money before they buy something so use this as a way to attract clients promote your company and give knowledge to the reader.

 

  •  Our Events Calendar is searched daily by everyone from Board Members and Owners to the Property Managers looking for licensing credits and networking opportunities. If you provide a course, class, webinar or education to the industry send them to sfpma. Or let us know where you have your monthly events on your website, we will add these to our Industry Calendar each month. Events are added and shared these with our industry.

 

  • Writing Articles for our weekly Emails and Blog. Every member has the ability to send to us company updates, Industry News and Articles. Sfpma republishes these on our Blog and sends these to the social media pages and groups we govern. This is also picked up on our RSS Feed and used for our Emails. ( When an article is published on our blog it will automatically get published on our email blast that week and sent to all of our readers, clients and members. A great way to get your news out to thousands of industry professionals.

Read more about how it works.

* Take advantage of what we offer members! – You don’t just sit on a directory your membership fee includes our marketing. You can help promote and keep involved with sfpma let us send your company information to hundreds of thousands of industry professionals through your membership. If you do not take advantage of the association offers – you can only blame yourself! 

 

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Tips for Setting HOA Board’s Annual Goals

Tips for Setting HOA Board’s Annual Goals

  • Posted: Sep 21, 2022
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Tips for Setting HOA Board’s Annual Goals

Every Homeowner’s Association has a fiscal year to evaluate the previous year and set goals for the coming year. The plans can address a variety of topics, such as community enhancements and communication. At this time, all rules and regulations get routinely evaluated to ensure that they comply with all levels of government requirements. Local restrictions on traffic, development, zoning, and other issues may have changed over the year.

When formulating goals, an HOA board that represents the homeowners must take numerous factors into account.

 

The Budget

Before defining any goals, one of the most important elements to examine is a community’s financial stability. First, board members can review the current year’s budget to see the room for improvement. Then they can consider essential expenditures for the future year and figure out how those changes will fit into the budget.

Homeowners who pay monthly or annual dues to the association want to know where and how their money gets used. Board members should give a balance sheet that discloses all funds and expenditures to all association members. In addition, residents should be informed about reserve cash, assets, loans, income, and current and planned project expenses.

Few, if any, homeowners want their property taxes to get raised. So when formulating goals for the future year, board members must keep this in mind.

 

Maintenance and Improvement Goals

Generally, you should set goals each year before setting a budget. The best practice is to construct a five-year planning process, then use that to generate both long and short-term goals. An action plan takes a substantial amount of time and works to create. Still, it is a critical way of establishing goals and anticipated direction and allocating resources appropriately.

  • What will long-term items get improved in the coming year?
  • What changes must get made that are not part of the long-term plan?
  • Make a preventative maintenance plan that covers the most vital components of the association.

The Board should present this information to homeowners. 

Board members need to explain in detail to homeowners the maintenance goals and why they are essential. This may be the time for a community meeting to discuss the improvements and the budget. Board members should be prepared to explain why some maintenance costs have gone up and how they plan to work with these additional expenditures. They should also explain the bidding process and how they work with vendors.

 

Communication Goals

Improving interactions with homeowners, vendors, and fellow board members is always beneficial, as it leads to happier residents, better cost control, and more effective teamwork. The following are some worthwhile communication objectives:

  • Establishing a communications policy, including a fire safety policy and a method for relaying emergency alert information, such as natural disasters and catastrophic power outages.
  • Improve the community’s website to ensure residents are up-to-date with safety information, notify residents about upcoming board meetings, communicate with board members, make service requests, and even pay dues.

Achievable Goals

Any organization can set goals. However, an HOA must establish achievable goals within a specified time frame at an acceptable cost to homeowners. In addition, all residents of the community should be able to understand the objectives. 

Find top member companies to help with your yearly repairs. 

SFPMA: STATEWIDE MEMBERS DIRECTORY, FIND TOP COMPANIES FROM TALLAHASSEE TO THE KEYS.

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Mandatory Condominium & Cooperative Building Inspections and Non-Waivable Reserve Requirements

Mandatory Condominium & Cooperative Building Inspections and Non-Waivable Reserve Requirements

Mandatory Condominium & Cooperative Building Inspections and Non-Waivable Reserve Requirements

by Kaye, Bender, Rembaum KBRLegal.com

With home insurers leaving Florida in droves, and following pressure from members of both political parties in the legislature to actually do something about it, in May 2022, the governor called a special legislative session to address the problem. A very real concern to the insurers is the effect of both time and inclement weather on Florida’s aging high-rise buildings. Until now, and for the most part, Florida law largely ignored these concerns. Enter Senate Bill 4-D (SB 4-D), which already became effective upon being signed into law by Governor DeSantis on May 26, 2022. This new piece of legislation addresses condominium and cooperative building inspections and reserve requirements. (While this article primarily addresses these new laws in the context of condominium association application, they are equally applicable to cooperative associations.)

By way of background, during the regular legislative session, there were several bills introduced in the Florida House of Representatives and in the Florida Senate addressing building safety issues, but none of them were passed into law due to the inability to match the language of the bills in both the house and the senate which is a requirement for legislation to pass and go to the governor for consideration. As such, it was a little surprising to many observers that the legislature was able to approve SB 4-D in essentially a 48-hour window during the special session in May. The language used in SB 4-D was initially drafted into a proposed bill in November 2021. At that time and during the most recent legislative session, input was provided by many industry professional groups including engineers, reserve study providers, and association attorneys. Many of these industry professionals indicated that there were challenges with some of the language and concepts being proposed in SB 4-D during session.

Notwithstanding these challenges and in an effort to ensure some form of life safety legislation was passed this year, SB 4-D was unanimously approved in both the house and senate and signed by the governor. A plain reading of this well-intended, but in some instances not completely thought-out, legislation evidences these challenges. Some will say it is a good start that will need significant tweaking, which is expected in the 2023 legislative session. Others praise it, and, yet others say it is an overreach of governmental authority, such as an inability to waive or reduce certain categories of reserves. You be the judge. We begin by examining the mandatory inspection and reserve requirements of SB 4-D.

 

I. Milestone Inspections: Mandatory Structural Inspections For Condominium and Cooperative Buildings. (§553.899, Fla. Stat.)

You will not find these new milestone inspection requirements in Chapters 718 or 719 of the Florida Statutes, but rather in Chapter 553, Florida Statutes, as cited above.

Milestone Inspections

The term “milestone inspection” means a structural inspection of a building, including an inspection of load-bearing walls and the primary structural members and primary structural systems. The aforementioned terms are defined in §627.706, Florida Statutes, and are to be carried out by a licensed architect or engineer authorized to practice in this state for the purposes of attesting to the life safety and adequacy of the structural components of the building and, to the extent reasonably possible, determining the general structural condition of the building as it affects the safety of such building, including a determination of any necessary maintenance, repair, or replacement of any structural component of the building. The purpose of such an inspection is not to determine if the condition of an existing building is in compliance with the Florida Building Code or the fire safety code.

Substantial Structural Deterioration

The term “substantial structural deterioration” means substantial structural distress that negatively affects a building’s general structural condition and integrity. The term does not include surface imperfections such as cracks, distortion, sagging, deflections, misalignment, signs of leakage, or peeling of finishes, unless the licensed engineer or architect performing the phase one or phase two inspection determines that such surface imperfections are a sign of substantial structural deterioration.

Milestone Inspections For Buildings Three Stories or More In Height

A condominium association under Chapter 718 and a cooperative association under Chapter 719 must have a milestone inspection performed for each building that is three stories or more in height by December 31 of the year in which the building reaches 30 years of age, based on the date the certificate of occupancy for the building was issued, and every 10 years thereafter.

Within Three Miles of Coastline

If the building is three or more stories in height and is located within three miles of a coastline, the condominium association or cooperative association must have a milestone inspection performed by December 31 of the year in which the building reaches 25 years of age, based on the date the certificate of occupancy for the building was issued, and every 10 years thereafter.

The condominium association or cooperative association must arrange for the milestone inspection to be performed and is responsible for ensuring compliance.

The condominium association or cooperative association is responsible for all costs associated with the inspection.

If The Certificate of Occupancy was Issued Before July 1, 1992

If a milestone inspection is required under this statute and the building’s certificate of occupancy was issued on or before July 1, 1992, the building’s initial milestone inspection must be performed before December 31, 2024. If the date of issuance for the certificate of occupancy is not available, the date of issuance of the building’s certificate of occupancy shall be the date of occupancy evidenced in any record of the local building official.

Upon determining that a building must have a milestone inspection, the local enforcement agency must provide written notice of such required inspection to the condominium association or cooperative association by certified mail, return receipt requested.

Within 180 days after receiving the written notice, the condominium association or cooperative association must complete phase one of the milestone inspection. For purposes of this section, completion of phase one of the milestone inspection means the licensed engineer or architect who performed the phase one inspection submitted the inspection report by email, United States Postal Service, or commercial delivery service to the local enforcement agency.

A Milestone Inspection Consists of Two Phases

(a) PHASE 1—For phase one of the milestone inspection, a licensed architect or engineer authorized to practice in this state must perform a visual examination of habitable and non-habitable areas of a building, including the major structural components of a building, and provide a qualitative assessment of the structural conditions of the building. If the architect or engineer finds no signs of substantial structural deterioration to any building components under visual examination, phase two of the inspection (discussed below) is not required. An architect or engineer who completes a phase one milestone inspection shall prepare and submit an inspection report.

(b) PHASE 2—A phase two of the milestone inspection must be performed if any substantial structural deterioration is identified during phase one. A phase two inspection may involve destructive or nondestructive testing at the inspector’s direction. The inspection may be as extensive or as limited as necessary to fully assess areas of structural distress in order to confirm that the building is structurally sound and safe for its intended use and to recommend a program for fully assessing and repairing distressed and damaged portions of the building. When determining testing locations, the inspector must give preference to locations that are the least disruptive and most easily repairable while still being representative of the structure. An inspector who completes a phase two milestone inspection must prepare and submit an inspection report.

Post-Milestone Inspection Requirements

Upon completion of a phase one or phase two milestone inspection, the architect or engineer who performed the inspection must submit a sealed copy of the inspection report with a separate summary of, at minimum, the material findings and recommendations in the inspection report to the condominium association or cooperative association, and to the building official of the local government which has jurisdiction. The inspection report must, at a minimum, meet all of the following criteria:

  1. Bear the seal and signature, or the electronic signature, of the licensed engineer or architect who performed the inspection.
  2. Indicate the manner and type of inspection forming the basis for the inspection report.
  3. Identify any substantial structural deterioration within a reasonable professional probability based on the scope of the inspection, describe the extent of such deterioration, and identify any recommended repairs for such deterioration.
  4. State whether unsafe or dangerous conditions, as those terms are defined in the Florida Building Code, were observed.
  5. Recommend any remedial or preventive repair for any items that are damaged but are not substantial structural deterioration.
  6. Identify and describe any items requiring further inspection.

Local Government Enforcement

A local enforcement agency may prescribe timelines and penalties with respect to compliance with the milestone inspection requirements.

A board of county commissioners may adopt an ordinance requiring that a condominium or cooperative association schedule or commence repairs for substantial structural deterioration within a specified timeframe after the local enforcement agency receives a phase two inspection report; however, such repairs must be commenced within 365 days after receiving such report. If an association fails to submit proof to the local enforcement agency that repairs have been scheduled or have commenced for substantial structural deterioration identified in a phase two inspection report within the required timeframe, the local enforcement agency must review and determine if the building is unsafe for human occupancy.

Board’s Duty After Obtaining The Milestone Report

Upon completion of a phase one or phase two milestone inspection and receipt of the inspector-prepared summary of the inspection report from the architect or engineer who performed the inspection, the association must distribute a copy of the inspector-prepared summary of the inspection report to each unit owner, regardless of the findings or recommendations in the report, by United States mail or personal delivery and by electronic transmission to unit owners who previously consented to receive notice by electronic transmission; must post a copy of the inspector-prepared summary in a conspicuous place on the condominium or cooperative property; and must publish the full report and inspector-prepared summary on the association’s website, if the association is required to have a website.

Who Pays for The Milestone Inspection?

Pursuant to §718.112, Florida Statutes, if an association is required to have a milestone inspection performed, the association must arrange for the milestone inspection to be performed and is responsible for ensuring compliance with all of the requirements thereof. The association is responsible for all costs associated with the inspection.

Failure to Obtain the Milestone Inspection

If the officers or directors of an association willfully and knowingly fail to have a milestone inspection performed pursuant to §553.899, Florida Statutes, such failure is a breach of the officers’ and directors’ fiduciary relationship to the unit owners.

Manager’s Duty

If a community association manager or a community association management firm has a contract with a community association that has a building on the association’s property that is subject to milestone inspection, the community association manager or the community association management firm must comply with the requirements of performing such inspection as directed by the board.

Exemptions

For clarity, the otherwise required milestone inspection does not apply to a single family, two-family, or three-family dwelling with three or fewer habitable stories above ground.

Florida Building Commission Requirements

The Florida Building Commission must review the milestone inspection requirements and make recommendations, if any, to the legislature to ensure inspections are sufficient to determine the structural integrity of a building. The commission must provide a written report of any recommendations to the governor, the president of the senate, and the speaker of the house of representatives by December 31, 2022.

The Florida Building Commission must consult with the State Fire Marshal to provide recommendations to the legislature for the adoption of comprehensive structural and life safety standards for maintaining and inspecting all types of buildings and structures in this state that are three stories or more in height. The commission must provide a written report of its recommendations to the governor, the president of the senate and the speaker of the house of representatives by December 31, 2023.

II. Structural Integrity Reserve Studies and Mandatory Reserves:

The reserve legislation set out in §718.112 (f)(2)(a), Florida Statutes, is, for all intents and purposes, re-written. Prior to examining these most recent revisions, it is necessary to first examine the definitions set out in §718.103, Florida Statutes, where a brand-new term is added as follows:

Structural integrity reserve study means a study of the reserve funds required for future major repairs and replacement of the common areas based on a visual inspection of the common areas applicable to all condominiums and cooperative buildings 3 stories or higher. 

Hereafter, the structural integrity reserve study is referred to as “SIRS.” Now we can turn our attention to the requirements of the SIRS as set out in §718.112 (f)(2)(a), Florida Statutes.

The Structural Integrity Reserve Study (required for all condominium and cooperative buildings three stories or higher regardless of date of certificate of occupancy):

An association must have a SIRS completed at least every 10 years after the condominium’s creation for each building on the condominium property that is three stories or higher in height which includes, at a minimum, a study of the following items as related to the structural integrity and safety of the building:

  1. Roof
  2. Load-bearing walls or other primary structural members
  3. Floor
  4. Foundation
  5. Fireproofing and fire protection systems
  6. Plumbing
  7. Electrical systems
  8. Waterproofing and exterior painting
  9. Windows
  10. Any other item that has a deferred maintenance expense or replacement cost that exceeds $10,000 and the failure to replace or maintain such item negatively affects the items listed in subparagraphs a.-i., as determined by the licensed engineer or architect performing the visual inspection portion of the structural integrity reserve study.

The SIRS may be performed by any person qualified to perform such study. However, the visual inspection portion of the structural integrity reserve study must be performed by an engineer licensed under Chapter 471 or an architect licensed under Chapter 481.

As further set out in the legislation, at a minimum, “a structural integrity reserve study must identify the common areas being visually inspected, state the estimated remaining useful life and the estimated replacement cost or deferred maintenance expense of the common areas being visually inspected, and provide a recommended annual reserve amount that achieves the estimated replacement cost or deferred maintenance expense of each common area being visually inspected by the end of the estimated remaining useful life of each common area.”

The amount to be reserved for an item is determined by the association’s most recent structural integrity reserve study that must be completed by December 31, 2024. If the amount to be reserved for an item is not in the association’s initial or most recent structural integrity reserve study or the association has not completed a structural integrity reserve study, the amount must be computed using a formula based upon estimated remaining useful life and estimated replacement cost or deferred maintenance expense of each reserve item.

If the condominium building is less than three stories, then the legislation provides that “in addition to annual operating expenses, the budget must include reserve accounts for capital expenditures and deferred maintenance. These accounts must include, but are not limited to, roof replacement, building painting, and pavement resurfacing, regardless of the amount of deferred maintenance expense or replacement cost, and any other item that has a deferred maintenance expense or replacement cost that exceeds $10,000.”

The association may adjust replacement reserve assessments annually to take into account any changes in estimates or extension of the useful life of a reserve item caused by deferred maintenance.

If an association fails to complete a SIRS, such failure is a breach of an officer’s and director’s fiduciary relationship to the unit owners.

Non-Waivable and Waivable Reserves In The Unity Owner-Controlled Association

As to the SIRS, the legislation is patently clear that unit owners may not vote for no reserves or lesser reserves for items set forth in the SIRS report. There is ongoing debate among attorneys in regard to whether a condominium under three stories can waive or reduce reserves for any of the reserve items required to be in the SIRS that are included in the under- three-story condominium reserve—for example, roof and painting. (For those interested, examine lines 1029 to 1033 and 1050 to 1071 in SB 4-D.)

Mandatory Reserves In The Developer-Controlled Association

Before turnover of control of an association by a developer to unit owners other than a developer pursuant to §718.301, Florida Statutes, the developer-controlled association may not vote to waive the reserves or reduce the funding of the reserves. (Previously, a developer could fully waive all reserves for the first two years, meaning this is a monumental change.)

Pre-Turnover Developer Duty

Before a developer turns over control of an association to unit owners other than the developer, the developer must have a SIRS completed for each building on the condominium property that is three stories or higher in height.

III. Official Records

Official records of the condominium and cooperative association include structural integrity reserve studies, financial reports of the association or condominium, and a copy of the inspection reports and any other inspection report relating to a structural or life safety inspection of condominium or cooperative property.

In addition to the right to inspect and copy the declaration, bylaws, and rules, renters have the right to inspect the milestone inspection report and structural integrity reserve study inspection reports as well.

Structural integrity reserve studies must be maintained for at least 15 years after the study is completed. In addition, inspection reports and any other inspection report relating to a structural or life safety inspection of condominium property must be maintained for 15 years after receipt of such report.

IV. Association Websites

In addition to other positing requirements, the inspection reports described above and any other inspection report relating to a structural or life safety inspection of condominium property and the association’s most recent structural integrity reserve study must be posted to the website.

V. Jurisdiction of Division of Condominiums, Timeshares and Mobile Homes

Pre-turnover, the Division of Florida Condominiums, Timeshares, and Mobile Homes (Division) may enforce and ensure compliance with rules relating to the development, construction, sale, lease, ownership, operation, and management of residential condominium units, and complaints related to the procedural completion of milestone inspections. After turnover has occurred, the Division has jurisdiction to investigate complaints related only to financial issues, elections, and the maintenance of and unit owner access to association records, and the procedural completion of structural integrity reserve studies.

VI. New Reporting Requirements For All Condominium and Cooperative Associations

On or before January 1, 2023, condominium associations existing on or before July 1, 2022, must provide the following information to the Division in writing, by email, United States Postal Service, commercial delivery service, or hand delivery, at a physical address or email address provided by the division and on a form posted on the division’s website:

  1. The number of buildings on the condominium property that are three stories or higher in height.
  2. The total number of units in all such buildings.
  3. The addresses of all such buildings.
  4. The counties in which all such buildings are located.

An association must provide an update in writing to the division if there are any changes to the information in the list within six months after the change.

VII. Applicable To All Sellers of Units

As a part of the sales process, the seller of a condominium or cooperative unit and developers must provide to potential purchasers a copy of the inspector-prepared summary of the milestone inspection report and a copy of the association’s most recent structural integrity reserve study or a statement that the association has not completed a structural integrity reserve study.

VIII. Glitches

As with any new legislation of such a substantial nature, there often follow in subsequent years what are referred to as “glitch bills” which help provide additional clarity, remove ambiguity, and fix unintended errors. Some observe are (i) the term “common areas” is used in the legislation when in fact the correct term is “common element;” (ii) clarity needs to be provided regarding whether reserve items that are required to be in SIRS, but show up in the under-three-story reserves, such as paint and paving, can be waived or reduced by the membership; and (iii) for those buildings that are within three miles of the coastline, additional clarity could be provided to provide better guidance as to how to perform the measurement.

 

SFPMA: You can find this article on our Florida Building Inspections

 

How to Be an Effective Association Board Secretary

How to Be an Effective Association Board Secretary

How to Be an Effective Association Board Secretary

What Does a Secretary of a Board Do?

Every board of directors, whether for a Fortune 500 company or your community association, needs a great secretary. Boards are required by law—and by the association’s governing documents—to maintain certain records for the sake of transparency. The secretary is responsible for maintaining those records accurately, including meeting minutes, bylaws and membership records.

As the official record keeper for the association during meetings, the secretary is a historian who is working in the moment. Ten years in the future, any board member should be able to look back at the secretary’s meeting minutes and be able to understand, in broad strokes at least, what was going on in the community at that time.

Although the secretary’s name may go on correspondence for the association, the onus of those tasks usually falls on professional staff if the community has onsite management. “The secretary ensures consistency and that information is being articulated accurately in any document, whether that’s a notice, newsletter, meeting minutes or anything else that is part of the official record of the association. The management staff may do the legwork, but it’s important to have those checks and balances in place.”

The position of board secretary is a powerful and influential one. Concerning the minutes, for example, what is recorded and what is excluded can be particularly significant for the company. It is often argued that the ideal board secretary should be an objective outsider; not a board member, with no voting rights, and with no agenda other than to organise effective board meetings and facilitate sound governance.

What can happen if you don’t have the right secretary on your board?

Chaos. Legal problems. Confusion. Financial risks. These are just a few of the reasons it’s critical to understand what the secretary does and what qualities he or she should have—and to make sure that your association’s secretary understands them as well.

“I worked with one secretary, years ago, who had no clue what was expected of her and didn’t keep a single official record,” Gilchrist recalls. “There was no backup for any legal matters that needed to be addressed, all the way down to violation notices. She thought the manager would do it all, but it turned out the management company wasn’t holding up its end of the bargain because she wasn’t watching them! We took over management of the community and discovered that we couldn’t provide documentation for a lawsuit because none was kept, not letters to the homeowners, minutes of the approval to fine them, nothing. Ultimately, the board couldn’t hold the homeowners responsible and had to write off those fines as bad debt because the secretary didn’t do her job.”

What makes a good secretary?

Gilchrist says that in her 12 years of experience, the best secretaries have a good eye for detail, are organized and efficient, and always respond in a timely manner. “In my experience, teachers tend to make excellent secretaries,” she says. “They are really good at catching things that need to be restated for clarity when sent to the membership, very organized and accustomed to running on schedule.”

“There’s a secretary I’ve been working with for years who is exceptional at proofreading and reframing thoughts so they are communicated in the most effective way possible,” Gilchrist says. “At year end, she reviews all the documentation we’ve kept and makes sure that it is stored on the right sections of the website or other appropriate place.”

In our experience, the following are key attributes of a successful board secretary:

1: The ability to multitask:
You need to be able to keep several balls in the air at once – preparing meetings, while ensuring that everything is up-to-date and coordinated with the management.

2: Communication skills:
You need to be good at dealing with several tasks at the same time and communicating effectively, so that the people you are working with know what their priorities are.

3: The ability to listen:
It is important to be able to listen, as well as to seek clarity and explanations about deadlines and limits.

4: Insight and understanding:
The board secretary must have a good insight into and understanding of how the company works. He or she must able to translate management theory into practical frameworks and procedures for the organisation.

5: Organisational skills:
The board secretary must possess a good sense of order and be accurate and precise.

 

What does it mean to take meeting minutes?

The minutes of board meetings are incredibly important. Inaccurate meeting minutes can result in confusion, risk of a lawsuit and personal liability issues for board members. Minutes should focus on three areas: recording the actions of the association, noting the reasons behind those actions and keeping a full record of each board member’s specific vote. These minutes should be a summary of the motions made and actions taken rather than a transcript of everything that was said. It can be helpful to use the management report or the meeting agenda to frame the minutes. If the management company takes the minutes and types them up, the secretary must approve them before they are submitted to the board for approval at the next meeting.

Does the secretary have other duties?

Every board, community and state has different rules and regulations, so some secretaries may be responsible for making sure corporation paperwork is filed as required by the state. Other responsibilities may include affixing corporate seals when required for official or legal documents and serving as the witness when important documents require signatures. During election time, the secretary will coordinate the distribution and collection of ballots and proxies as directed by the governing documents and applicable law.

Like all members of the executive committee, your board secretary bears a lot of responsibility for the health and future of your community. Make sure that the right person is in the role to avoid mistakes, oversights and future confusion.

 

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ATTN: CONDOMINIUM & COOPERATIVE Required Building Reporting Deadline January 1, 2023 From the Florida Department of Business & Professional Regulation

ATTN: CONDOMINIUM & COOPERATIVE Required Building Reporting Deadline January 1, 2023 From the Florida Department of Business & Professional Regulation

ATTN: CONDOMINIUM & COOPERATIVE

Required Building Reporting

Deadline January 1, 2023

From the Florida Department of Business & Professional Regulation

718.501(3)(a), F.S./Senate Bill SB4D requires all condominium and cooperative associations with buildings 3 stories or higher to report the following information to the Division of Florida Condominium, Timeshares and Mobile Homes on or before January 1, 2023.

  • The number of buildings on the condominium property that are three (3) stories or higher in height.
  • The total number of units in all such buildings
  • The addresses of all such buildings.
  • The counties in which all such buildings are located.

 

You may submit this information electronically at: ctmhbuildingreporting@myfloridalicense.com     

or

by USPS mail or hand delivery to:

Division of Florida Condominiums, Timeshares and Mobile Homes

Attention: Building Reporting

2601 Blair Stone Road Tallahassee, FL 32399-1030

For emailing or USPS mailing, we prepared this form for you to use: Click HERE.

condo-cooperative-building-reporting_web

 

You may also provide your association’s information to the Division by simply completing and submitting the Building Reporting form, via this link:

http://www.myfloridalicense.com/DBPR/condos-timeshares-mobile-homes/building-report/

 

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Marketing: We publish information daily to all of our Social Media Pages; Facebook, Twitter, Google,LinkedIn …..

Marketing: We publish information daily to all of our Social Media Pages; Facebook, Twitter, Google,LinkedIn …..

Keeping everyone informed “we feel is the most important of all services we offer our members!”

Besides events, advocating for our industry, Helping Condo and HOA’s every day, Aiding the Managers whom are members and call or email us for information, Legal Help, Laws, Vendor Problems, now the New Laws for Florida, our Team is constantly referring clients the members ready to help.

SFPMA uses Social Media to inform Clients, Members and Followers. Groups are open to everyone, we send and promote information about member companies that work together in the Property Management Industry. – Supporting each member company and information; getting this information out to readers new members and our industry is important to us!

When most companies do not realize how important it is to let others know what you do on a daily basis. We watch, we visit many of the social media pages for our members. What we see is alarming!. Far to many companies do not utilize what Social Media has to offer them. This is why we are always looking for posts that we can reshare we realize you are not!

 

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