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BIG DECISION BY THE DBPR SAYS E-MAILS BETWEEN BOARD MEMBERS ARE “OFFICIAL RECORDS” THAT CAN BE SEEN BY ALL UNIT OWNERS.

BIG DECISION BY THE DBPR SAYS E-MAILS BETWEEN BOARD MEMBERS ARE “OFFICIAL RECORDS” THAT CAN BE SEEN BY ALL UNIT OWNERS.

  • Posted: Mar 02, 2022
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Those of who have taken the Board Certification Class know that the answer to this question is that as long as the e-mails were on the private e-mail accounts of the Board members, they are not “official records” and therefore the unit owners cannot obtain copies of them. Well….that was all changed in one full swoop.

 

BEFORE YOU HIT THAT “SEND” BUTTON

By Eric Glazer, Esq.

Florida Statute states:
120.565 Declaratory statement by agencies.—
(1) Any substantially affected person may seek a declaratory statement regarding an agency’s opinion as to the applicability of a statutory provision, or of any rule or order of the agency, as it applies to the petitioner’s particular set of circumstances.

A man by the name of James Hanseman recently sought a declaratory statement from The Department of Business and Professional Regulation, Division of Condominiums, Timeshares, and Mobile Homes regarding whether e-mail communications between and among board members are “official records” within the meaning of Florida Statute 718.111(12), where such records relate to the Association’s operations but are sent to and/or from personal computers and devices rather than Association owned computers and devices.

Those of who have taken my Board Certification Class know that the answer to this question is that as long as the e-mails were on the private e-mail accounts of the Board members, they are not “official records” and therefore the unit owners cannot obtain copies of them. Well….that was all changed in one full swoop.

In this declaratory statement, Chevonne Christian the Division Director opined that:


The .. official records of the association” include .. all other written records of the association not specifically included in the foregoing which are related to the operation of the association.”§ 718.111 (12)(a) l8., Fla. Stat. Nothing in this provision exempts such records when created or transmitted with a board member-owned device rather than an Association owned device.

The plain meaning of the statute is always the starting point in statutory interpretation.”

GTC, Inc. v. Edgar, 961 So. 2d 781, 785 (Fla. 2007). Dictionaries can be used to determine the meaning of words. Metro. Dade County v. Milton, 707 So. 2d 913, 915 (Fla. 3d DCA 1998).

Emails constitute a form of writing. Writing, Black’s Law Dictionary (11th ed. 2019).

Consequently, emails are “written records,” and their existence as such does not depend on the ownership of the device through which the emails are transmitted.

Accordingly, emails that otherwise constitute “official records” are not excluded from thestatutory definition of “official records” merely because they are created or transmitted with board members’ personal devices.

Wow! If e-mails constitute a form of writing, no doubt text messages also constitute a form of writing. So how is this going to work? Let’s say a unit owner makes a records request for e-mails between board members during the month of February, 2022. Do all of the Board members now have an obligation to look through their e-mails and texts for the past month, print them out and hand them in to the association? Suppose each director simply says that we don’t communicate by e-mail or texts, even though they do? What remedy does the unit owner have?

While the decision is debatable as to whether or not these e-mails are “official records” it is undeniable, that it is simply unenforceable. It will be interesting to see the first arbitration case that relies on this declaratory statement. It will be even more interesting if that arbitration case gets appealed and we ultimately get a decision of the courts. Will a director ever be required to physically turn over their phone or computer by a court? Who knows? But I think we will either have a legislative fix or a court opinion within a year. In the interim, keep in mind that before you hit the SEND button on an e-mail, think about the fact that said e-mail may one day be seen by everyone in the condominium, or even a judge or jury.

NO ASSOCIATION WEBSITE? WHAT ARE YOU WAITING FOR?

NO ASSOCIATION WEBSITE? WHAT ARE YOU WAITING FOR?

  • Posted: Mar 02, 2022
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When the original bill was filed that required condominiums to have a website, the statute was only going to apply with condominiums of 500 units or more. In effect, the statute would have applied to less than one percent of all condominiums in the state. I met with the legislator who drafted the bill and suggested that the bill be revised to apply to all condominiums with 50 units or more. The compromise was 150 units.

As we know, The Florida Legislature does not like to regulate HOAs, so for whatever reason, HOAs with 150 homes or more are not required to have a website. Instead, if a homeowner wants access to records, they must make the request by certified mail, return receipt requested. If the association ignores them, the unit owner has to ask for pre-suit mediation. If that fails, the unit owner has to file a lawsuit. All because they wanted copies of some of the official records. It’s ridiculous.

Why not make your community more transparent and accessible now? Who cares if you’re an HOA and you’re not requited by law to have a website? Set one up anyway, regardless of the number of homes you have. Are homeowners in a 50 home community less entitled to see the records than an owner in a 150 home community? Of course not.
If you’re in a condominium of less than 150 units, I understand that the law does not require your condominium association to have a website containing the official records. So what? Create one anyway. I can tell you that over the past two years, as least as far as the larger condominiums go, there has been less arguments between owners and the board when it comes to being able to access the official records, simply because the association is required to have these official records on an association website.

I will also warn condominium associations that the DBPR is not fooling around when making sure that condominium associations with 150 units or more comply with the law. They will investigate any complaint received from an owner who claims their association is not complying with the law. They want those records posted on-line. The association’s failure to do so can and will result in a fine for several thousand dollars.

Placing the records on-line frees up the manager’s valuable time because now they are less likely to have to respond to unit owner requests for access to records. I’m looking forward to see how Rafael feels about the law. Have you had success in your community with the association’s website? If your community doesn’t have one, would you want one?

SFPMA suggests even if you are not required to have a website HAVE ONE BUILT FOR YOUR CONDO OR HOA.

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How Can We Conserve Wetlands in Florida?

How Can We Conserve Wetlands in Florida?

Wetlands play an extremely important role in the ecosystem, particularly in Florida. In addition to their cultural relevance, they are a central feature that is home to thousands of incredible species. Preserving them is not only beneficial to the natural ecosystem, it benefits our communities in many ways.

Simply put, wetlands are lands that transition between terrestrial and aquatic environments. More specifically, wetlands contain soils that are inundated long enough to support the growth and reproduction of diverse vegetation.

The plants that grow in wetlands have adapted in a way that lets them survive in the hydric or wet soils. Swamps, marshes, bayheads, bogs, cypress domes and strands, sloughs, wet prairies, riverine swamps, mangrove swamps, and other similar areas meet the criteria of wetlands.

There are wetlands on every continent. Although the Everglades are the most well-known wetlands in Florida, there are many other wetland areas throughout the state. A healthy wetland supports a wide range of wildlife such as birds, amphibians, crustaceans, fish, and reptiles.

 

What Problems Do Wetlands Face?

The aquatic freshwater and marine life of Florida depend on wetlands for feeding grounds and nurseries for their young. In addition, wetlands also offer outstanding recreational opportunities for fishing, boating, bird watching, and photography – to name just a few. Unfortunately, wetlands face many threats:

florida-preserve

Human Use

Wetlands originally covered approximately 60% of the state’s land, but over time, wetlands have been reduced by urban development to less than half of that amount. Human activities are arguably the greatest threat to wetlands due to the draining of these lands for agriculture or development. Historically, wetlands were considered wastelands and were drained and cleared of vegetation without a second thought to make way for homes, roads, and shopping centers.

Loss of wetlands habitat not only affects animals and plants, but it also diminishes the water supply for the human population, since wetlands hold, filter, and slowly release immense amounts of rainwater into the aquifers that serve as central and south Florida’s only source of freshwater.

 

invasive-species-wetland-management

Invasive Species

Like all ecosystems, the survival of the plants and animal species that live in wetlands depend on a delicately balanced environment. When non-native species are brought in, either on purpose or accidentally, it can unbalance the existing system. Invasive species compete with native species for limited resources. When native species start to die off as a result of competition with an invasive species, the food chain of the ecosystem is disrupted.

For example, some wetlands are being overrun by water hyacinth. This plant is held in check in its native environment, but in North American habitats, it spreads at an alarming rate. Similarly, Burmese pythons were brought into the country as pets and released into local wetlands where they grow too big to be sufficiently supported by their environment. These large snakes thrive in wetlands like the Everglades and threaten the survival of endangered species.

 

lake-pond-pollution

Pollution

Wetlands work as natural water filtration units. Polluted water washes into the wetlands and is purified as it flows through and out of the wetlands. The pollutants either settle to the bottom of the wetlands or are used by the plants growing in these habitats. But if the concentration of pollutants reaches and then crosses the saturation level, and toxic contaminants continue entering the wetlands, the plants and animals struggle to survive.

In addition, wetlands are often used as dumping grounds for industrial and household waste and sewage. High pollution rates in wetlands kill off fish, wildlife, and plants, destroying the habitat.

 

drought-dried-pond

Climate Change

Like other ecosystems and habitats, wetlands are also affected by alterations to the environment caused by climate change. Sea-level rise caused by warming temperature is submerging or drowning wetlands, while extreme weather such as drought is drying them out. Higher water levels and lower water levels are caused by the various effects of climate change.

 

river-dam

Dams

The construction of dams that alter the natural flow of a river also has a huge impact on the environment where it is built. Altering the flow of a river disturbs the ecosystems that depend on that river. Wetlands like swamps or marshes suffer from a higher or lower flow of water when a dam is built. Dams can permanently damage wetland ecosystems.

 

Why We Need to Conserve Wetlands

Wetlands are productive ecosystems that provide environmental benefits to the areas that surround them. Waterfowl and migratory birds, and other wildlife make wetlands their home. As important as that is, these dynamic natural systems provide services such as removing harmful chemicals and excess nutrients from storm runoff, recharging aquifers used for drinking water and irrigation, and protecting communities from coastal storm surges and flooding.

Coastal wetlands and estuaries support diverse habitats that provide shelter and food for recreational and commercial fisheries, which in turn contribute to local economies. People are often drawn to wetlands for outdoor recreation and wellness. Outdoor recreation is important for the health of the population as well as the economy.

 

Best Way to Conserve Wetlands

These important functions make wetlands a vital part of our environment. Maintaining and improving the health of wetlands support plants, animals, and people. Here are five ways to help conserve Florida’s wetlands:

1. Create Native Plant Buffers

Improve the health of wetlands by planting buffer strips of native plants near and around water resources. These buffers can help filter out fertilizers and pollutants before they enter the water and cause environmental imbalances. They also help hold soil in place for lasting structure and aesthetic appeal.

2. Eradicate Invasive Species

Non-native plants that quickly become invasive can have devastating consequences on wetlands. They choke out native species and change the function of the wetlands. Likewise, invasive animals compete with native wildlife for food and habitat, creating a negative cycle within the food web. Monitor the area and report the presence of any invasive species immediately.

3. Reduce the Use of Pesticides and Fertilizers

Avoid using pesticides and fertilizers for lawn or garden care. These chemicals can harm aquatic species and wildlife by negatively affecting water quality and encouraging invasive plant growth. When absolutely necessary, use organic products in place of chemicals.

4. Clean Up after Pets

Animal waste can wreak havoc on wetlands and their population. Make sure that pet waste is kept out of wetlands by keeping dogs fenced in or leashed, and keeping your cats inside as much as possible. When walking pets or playing outdoors, always pick up and properly dispose of any waste.

5. Monitor Regularly

Wetlands are amazing ecosystems containing a complex web of plants, animals, fish, and organisms. Change is always occurring, so it’s important to stay informed about the health of the environment. Freshwater management professionals are experienced in monitoring and maintenance solutions aimed at preserving the health and beauty of these habitats. Consider implementing an annual management program to preserve wetlands in your area.

Protecting Florida Wetlands

Florida is known for its magnificent wetlands, but that doesn’t mean they will be around forever. Through urban development, invasive species introduction, pollution, and other factors, humans have expedited the deterioration of wetland areas. We should each play an active role in the protection of these unique aquatic ecosystems so that we can enjoy, admire, and benefit from them for as long as possible.

Contact Us to Protect Your Wetland & Preservation

 

$10,000 Extreme Shoreline Makeover Giveaway!

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Difference Between a (Licensed) Community Association Manager and a Property Manager?

Difference Between a (Licensed) Community Association Manager and a Property Manager?

  • Posted: Feb 24, 2022
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Difference Between a (Licensed) Community Association Manager and a Property Manager?

The roles, responsibilities, and differences between these two jobs Key takeaways:

Find Property Managers

The terms property manager and community association manager are sometimes used interchangeably, but there are important differences.
Each job has its own responsibilities and functions. Property managers primarily work with tenants and oversee individual apartment units or homes.

A property manager’s typical responsibilities include collecting rent, showing vacant units to prospective tenants, and handling maintenance and repairs for individual apartments or homes.
Community association managers typically work with the board of directors of an HOA or COA.

A community association manager’s usual duties include preparing budgets, collecting bids from vendors, and overseeing repairs and maintenance of amenity spaces or common areas.
A property manager deals with the day-to-day operations of a property or an association, whereas a community association manager is more likely to be involved in large-scale or big-picture projects that affect the community as a whole.

It is important to know the differences between a property manager and a community association manager to hire the right professional for the task and contact the right person with your question or concern.
You may have heard the terms property manager and community association manager used interchangeably. While the two job titles have similarities, there are also key differences between them. If you’re a real estate or property management professional – or a vendor who serves these industries – it is important to understand that property managers and community association managers have different responsibilities and job functions. We will outline them below.

 

Property managers
A property manager is typically the liaison between tenants or homeowners and an HOA (homeowner’s association). They are responsible for individual units in an apartment, condo, or homes in a neighborhood or community.

Property managers oversee the physical property itself and generally respond to tenant inquiries about their particular unit. They are usually the ones who manage leases, collect rent or Condo/HOA payments, handle maintenance and repairs for units or homes, and address tenant complaints and concerns.

The core responsibilities of a property manager include:

Rent or HOA payment collection
Repair management and maintenance for each unit or home
Vacant unit showings to prospective tenants
Responding to tenant complaints
Inspecting units after tenants move out
Handling an eviction process
Community association managers
Community Association Managers (CAMs) are usually in charge of budgets, record-keeping, and managing community spaces such as a clubhouse, pool, or community landscape features. They’re involved in all aspects of running the HOA (if there is one) or the community and thus have extensive knowledge of HOA governing rules and local applicable laws.

LCAMs

Are usually hired by the board of directors of a homeowner’s association (HOA) or condo owner’s association (COA). They may plan community activities and help enforce community rules. A CAM’s exact duties are likely to vary slightly depending on the hiring association, but broadly speaking, they’re in charge of big-picture tasks and responsibilities.

The Core responsibilities of a CAM include:

Supervision of community maintenance, such as common areas, pool cleaning, landscaping, etc.
Creation and overseeing of budgets.
Site inspections.
Negotiation of contracts for common property repairs or enhancements.
Assisting the board in selecting vendors; collection and presentation of bids for projects.

The key differences

Both property managers and CAMs might handle tasks such as pool maintenance or trash collection, but in general the former takes on the responsibilities of a landlord while the latter oversees larger-scale projects and activities that have implications for the entire community. You can think of property managers as dealing primarily with individual tenant needs and CAMs as handling the needs of the entire building, neighborhood, or association.

Most states require property managers to obtain a real estate license, but this isn’t the case for CAMs. They may or may not have a real estate license, but they should be well-versed in local housing laws and know the rules of the owner’s association that hired them. It is important to properly vet prospective candidates whether you’re seeking a property manager or a CAM.

Why the differences matter
It is important to know the differences between a LCAM and a property manager so that you can hire the right professional for the tasks at hand. From a tenant, unit owner, or vendor perspective, knowing the differences between these two roles can help you determine which person to address with a specific questions or problem.

 

Start a Career as a Licensed Property Manager, Get Licensed!

Do you want to become a Property Manager? SFPMA and our Education Partners Provide State Approved – Online and In classroom courses for Licensing, Educational and instructive information through the association. Find out more about Licensing & Advancement Courses for the property management industry. Get your License Today!    Become a Licensed Property Manager 

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Humans have a powerful connection to water. Learn how consistent lake management can help create happier, healthier communities.

Humans have a powerful connection to water. Learn how consistent lake management can help create happier, healthier communities.

  • Posted: Feb 18, 2022
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Improve YOUR Wellness with Healthy Water

Humans have a powerful connection to water. Learn how consistent lake management can help create happier, healthier communities.

 

It is scientifically proven that being around healthy, beautiful water can reduce anxiety and stress, boost creativity and improve our overall wellness. This is one of the many reasons why our community’s freshwater resources should be maintained with diligence. Discover how to best manage water quality issues and create a more relaxing, enjoyable space you, your loved ones, and your community can enjoy.

 

How Consistent Lake Management Helps Create Happier, Healthier Communities

Lakes, rivers, beaches, and even swimming pools have beneficial effects on the well-being of visitors that are hard to define. Water is not only essential for our survival, it has a profoundly relaxing and refreshing impact on people’s mental health and happiness. Human beings will always be inextricably connected to water physically, mentally, and spiritually. This helps explain why communities near large water systems are common vacation destinations and highly desirable places for residential communities. It also underscores the importance of preserving our precious aquatic resources.

The Effects of Poor Water Quality

Maintaining balanced aquatic ecosystems is more important than ever as water scarcity, eutrophication, drought, and increasing demand continue to cause depletion and degradation of water quality worldwide. Water pollution can lead to Harmful Algal Blooms, toxicity, nuisance and invasive aquatic weed growth, bad odors, and taste issues in drinking water reservoirs – among many other issues. These types of water quality challenges can lead to diminished property values and will undoubtedly have a negative effect on swimming, boating, fishing, wildlife watching, and overall enjoyment of nature.

Understanding the Cause of Water Quality Issues

In many areas, it’s common for water quality problems to shut down lakes and beaches throughout the summer, but few people are cognizant of why these problems occur and how significantly they can threaten our innate connection with the water. Assessing and addressing issues with water quality requires the experience and knowledge of experts who focus on optimizing all the benefits that balanced water can provide.

Preserving and enhancing water quality calls for successful proactive management with long-term results in mind. Lake and pond management is a science and taking all variables into account is the only way to address water quality issues at their root causes. Aquatic biologists pay close attention to detail and consider the entire aquatic ecosystem when collecting sound physical, chemical, and biological data.

Set A Management Baseline with Water Quality Assessments

Water quality assessments are a common starting point to uncover this important information and identify potential nutrient imbalances, pollutants, watershed inputs, algal populations, or other problems. With every visit to your waterbody, aquatic biologists can learn more from each new water sample.  This data creates a basis for management recommendations and informs the use of eco-friendly tools and advanced technologies.

Determining the Best Solutions for Your Waterbody

Depending on the challenges your waterbody faces, it may require a combination of solutions. Fountains and submersed aerators are excellent at increasing healthy dissolved oxygen levels in the water while circulating different areas of the water column. Likewise, new aeration solutions like side stream supersaturation are changing the game by making it possible to directly inject oxygen into the water to correct deficiencies, eliminate bottom muck, and potentially end reliance on herbicides.

Utilizing New Technologies

In the event that herbicides are required to achieve lasting aquatic weed control, advanced drone technology is now available to efficiently and precisely target affected areas. Drones also aid in surveillance, making it easier than ever to identify problems such as eroded shorelines, which can be rebuilt with innovative mesh technologies that integrate seamlessly into the landscape for lasting stabilization. These efforts are often paired with sediment removal strategies like hydro-raking and the application of nutrient management products that prevent future algae and aquatic weed growth. These steps can be further supported with the introduction of deep-rooted native vegetation, which form beneficial shoreline buffers that prevent undesirable nutrients and pollutants from entering the water.

Reach Your Goals with an Annual Management Program

These solutions provide immediate benefits, but they are not permanent. Lakes and ponds require year-round care for long-term success. An annual management program comprehensively supports aquatic ecosystems with many of these solutions and others that nurture waterbody health and functionality. When an annual plan is uniquely tailored to the individual characteristics of your waterbody, you can maximize the many physical, mental, and spiritual benefits of time spent in and around the water.

 

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WILL THE ASSOCIATION’S DENIAL OF AN ARCHITECTURAL REQUEST WITHSTAND CHALLENGE? Many Won’t – Find Out Why

WILL THE ASSOCIATION’S DENIAL OF AN ARCHITECTURAL REQUEST WITHSTAND CHALLENGE? Many Won’t – Find Out Why

  • Posted: Feb 15, 2022
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WILL THE ASSOCIATION’S DENIAL OF AN ARCHITECTURAL REQUEST WITHSTAND CHALLENGE?

Many Won’t – Find Out Why

For many homeowners associations, a top priority is ensuring that the homes in the community are maintained in conformity with the “community-wide standard.” But, what is this subjective standard? How is compliance measured? What is the process to be judged when a request to the association’s architectural review committee (ARC) is made? The ARC is instrumental in ensuring that the community-wide standard is met. However, your association may run into a problem if the ARC denies a request from a homeowner if the association has not adopted specific, objective criteria and guidelines on which the ARC can rely.

    Sometimes applications to the ARC are denied because the proposed modifications were not “in harmony” with the other homes in the community or did not conform with the “community-wide standard.” However, such a limitation is vague, and a denial based on whether a particular modification is “harmonious” is subjective. Thus, the members are entitled to specific guidelines regarding what is allowed and what is not allowed, and in fact, this is required by law.

    The association’s ARC can only be as effective as the objective guidelines and standards drafted into the declaration and board-adopted rules. If your ARC is relying on aesthetics or other subjective criteria that are simply “personal preferences” rather than written, adopted, and published objective standards and guidelines, any disapproval is vulnerable to a successful challenge. In fact, in the seminal case regarding approval of architectural modifications, Young v. Tortoise Island Homeowner’s Ass’n, Inc., 511 So.2d 381 (Fla. 5th DCA 1987), the court held that where the governing documents were silent as to the modification at issue, a denial could not be based on the architectural control board’s opinion regarding “aesthetics, harmony and balance—admittedly very personal and vague concepts.”

    In Young, the owners submitted an application to build a flat roof on their home. The homes immediately surrounding the home were all peaked roofs. Nothing in the governing documents prohibited an owner from building a flat roof, and the requested roof complied with all of the specific requirements set out in the governing documents. However, the architectural control board denied the owners’ request because there was a “very strong feeling” that the flat roof would not be “architecturally compatible with the other homes.” In the end, the Youngs built the flat roof despite the association’s disapproval, arguing that the architectural control board had no authority to impose a prohibition against flat roofs. The court agreed with the Youngs, holding that

            “In the absence of an existing pattern or scheme of type of architecture which puts a prospective purchaser on notice that only one kind of style is allowed, either in the recorded restrictions or de facto from the unified building scheme built on the subdivision, such a board does not have the power or discretion to impose only one style over another based purely on ‘aesthetic concepts.’”

    The flat roof violated no recorded restrictions, no objective rule adopted by the association, and no de facto common existing building style in the community. Therefore, the court held that it was beyond the power of the architectural review board to prohibit the flat roof.

    The concept in Young was further codified in 2007 in §720.3035(1), Florida Statutes, which provides that an association or the ARC has the authority to review and approve plans and specifications only to the extent that the authority is specifically stated or reasonably inferred as to location, size, type, or appearance in the declaration or other published guidelines and standards. More specifically §720.3035(1), Florida Statutes, provides that the authority of an association or any architectural, construction improvement, or other such similar committee of an association to review and approve plans and specifications for the location, size, type, or appearance of any structure or other improvement on a parcel, or to enforce standards for the external appearance of any structure or improvement located on a parcel, shall be permitted only to the extent that the authority is specifically stated or reasonably inferred as to such location, size, type, or appearance in the declaration of covenants or other published guidelines and standards authorized by the declaration of covenants.

    In other words, the ARC can only approve or deny requested modifications based on objective standards with specificity as to location, size, type, or appearance that are set out in the declaration or other published guidelines and standards. Without specific, objective standards to rely upon, the ARC is at risk of making arbitrary decisions regarding approval. Basing ARC denials on concepts like “aesthetics, harmony, and balance” will land the association in hot water if an owner challenges such denial. It is far safer to base approval or denial on objective standards as set out in the declaration or as adopted by the board.

    Creative drafting by an association’s attorney is critical in order to capture those ARC applications where a member may request a modification that is not squarely addressed by the governing documents. In plain English, a “catchall” amendment to the declaration can be artfully drafted that stands for the proposition that, if such a request is made, then the existing state of the community is the applicable standard by which the application is to be judged. For example, if the Tortoise Island Homeowner’s Association had had such a provision in its declaration, then given that there were no flat roofs in the community, the existing state of the community may have provided a lawful basis for the ARC to deny the request, thus possibly leading to a whole different result in the case.

    On a related note, there are strict procedural requirements that your association must follow, most especially if the ARC intends to deny an ARC request. It is likely many ARCs do not conduct their activities in conformity with Florida law such that a denial could withstand judicial scrutiny. Pursuant to §720.303(2), Florida Statutes, a meeting of the ARC is required to be open and noticed in the same manner as a board meeting. In other words, notice of the ARC meeting must be posted in a conspicuous place in the community at least 48 hours in advance of the meeting, and the meeting must be open for the members to attend. In addition, pursuant to §720.303(2)(c)3., members of the ARC are not permitted to vote by proxy or secret ballot. Bare bone minutes should be taken as well to create a record of ARC committee decisions, most especially denials.

    We hear from many associations that the ARC does not meet openly or notice their meetings. This leaves any decision made by the ARC vulnerable to challenge. If the ARC denies an application but fails to do so at a properly noticed meeting, the owner can challenge the denial claiming that it is not valid as the ARC did not follow proper procedures. Many declarations contain language which provides that if an ARC application is not approved or denied within a certain period of time, the application is deemed approved. In that case, if the ARC’s denial of an application is not valid because the ARC failed to comply with the procedural requirements for the meeting, an application which violates the declaration or the ARC standards may be deemed approved by operation of the declaration! By complying with the provisions of Chapter 720, Florida Statues, your association can avoid that disaster.

    Practice tip: Remember that notice of any board meeting at which the board will consider a rule which restricts what an owner can do on their parcel must be mailed, delivered, or electronically transmitted to the members and posted conspicuously on the property not less than 14 days before the meeting.

    If your association has not adopted objective ARC standards and guidelines including the “catchall” provision discussed above, now is the time to start! We recommend that you contact your association’s counsel prior to drafting such rules to ensure that the association is in compliance with the requirements of the governing documents and Chapter 720, Florida Statutes.

 

Jeffrey Rembaum’s, Esq.

legal practice consists of representation of condominium, homeowners, commercial and mobile home park associations, as well as exclusive country club communities and the developers who build them. Mr. Rembaum is a Board Certified Specialist in Condominium and Planned Development Law and is a Florida Supreme Court Certified Circuit Civil Mediator. He is the creator of “Rembaum’s Association Roundup,” an e-magazine devoted to the education of community association board members, managers, developers and anyone involved with Florida’s community associations. His column appears monthly in the Florida Community Association Journal. Every year since 2012, Mr. Rembaum has been selected to the Florida Super Lawyers list, and was also named Legal Elite by Florida Trends Magazine.

He can be reached at 561-241-4462.

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Join Becker Shareholders Steven H. Mezer, J. David Ramsey, and Senior Attorney JoAnn Nesta Burnett for this online class: 2/17 at 1:00 PM EST!  Emotional support animals on the property despite pet or animal restrictions.

Join Becker Shareholders Steven H. Mezer, J. David Ramsey, and Senior Attorney JoAnn Nesta Burnett for this online class: 2/17 at 1:00 PM EST!  Emotional support animals on the property despite pet or animal restrictions.

  • Posted: Feb 15, 2022
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Join Becker Shareholders Steven H. Mezer, J. David Ramsey, and Senior Attorney JoAnn Nesta Burnett for this online class:

2/17 at 1:00 PM EST!

Emotional support animals on the property despite pet or animal restrictions.

Register Today!

2/17 at 1:00 PM EST! Join Becker Shareholders Steven H. Mezer, J. David Ramsey, and Senior Attorney JoAnn Nesta Burnett for this online class where you will learn about the Fair Housing laws on the state, federal and local level that impact community operations and actions with respect to requests to maintain emotional support animals on the property despite pet or animal restrictions.

Participants will learn about the Fair Housing laws on the state, federal and local level that impact community operations and actions with respect to requests to maintain emotional support animals on the property despite pet or animal restrictions.
Some topics to be discussed:
• Fair Housing Act and Disability Accommodations
• Evolving Law of “Prescription Pets”
• Establishing a Handicap
• Competing Definition of Service Animal Under ADAAA and FHAA
• What to do When the Disability is Not Obvious
• What a Disabled Person Needs to Provide in Order to Own a Service Animal
• Innate Qualities of Service Animal
• Failing to Make Reasonable Accommodations and Modifications
• What to do when “Skeptical” Information is Provided
• Damages and Penalties for Discrimination
• Register Now
CEU INFORMATION
Florida
Provider: #0000811
Course: #9630287
Credit: 1 ELE
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The Broward County Condo & HOA Expo. February 15th at The Signature Grand.

The Broward County Condo & HOA Expo. February 15th at The Signature Grand.

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The Broward County Condo & HOA Expo. February 15th at The Signature Grand.

Come meet with the top Industry Professionals and Companies serving Condo and HOA’s.

SFPMA has so many of our members that take part in the Expos and Events for our Industry.

Learn how our members can help you with your Buildings.

 

If you have not Registered Please Do it Now!

 

Keep up to date with All of the Events on SFPMA

 

We’re excited to give away a $10,000 shoreline makeover to help enhance one lucky winner’s waterbody! by SOLitude

We’re excited to give away a $10,000 shoreline makeover to help enhance one lucky winner’s waterbody! by SOLitude

  • Posted: Feb 12, 2022
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Win a $10,000

Extreme Shoreline Makeover

Is your eroded shoreline hindering the enjoyment of your waterbody? Enter to win a shoreline makeover and enhance your lake or pond.

We believe balanced, healthy waterbodies help create meaningful experiences on and around the water, but erosion damage creates dangerous shorelines that severely affect our ability to enjoy our lakes and ponds. That’s why we’re excited to give away a $10,000 shoreline makeover to help enhance one lucky winner’s waterbody!

HOW TO ENTER:

Click the button below and submit a photo(s) of your eroding shoreline along with a few sentences sharing why your waterbody deserves this $10,000 makeover.

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