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Becker Suspends Community Association Classes in Florida, from now through April 30, 2020

Becker Suspends Community Association Classes in Florida, from now through April 30, 2020

  • Posted: Mar 12, 2020
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Becker has been closely monitoring the latest coronavirus (COVID-19) developments.

In the interest of the health and safety of our clients and colleagues, we have made a decision to suspend all Community Association classes from now through April 30.

For more information about COVID-19 (including what you can do to protect yourself and minimize risk in your community), please visit www.beckercovid19.com.

As always, we will keep you informed of any changes and updates.

We wish you safety in the days ahead.

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ALERT: “Managing Your Residential Community & Common Housing Under the Threat of Covid-19”

ALERT: “Managing Your Residential Community & Common Housing Under the Threat of Covid-19”

  • Posted: Mar 05, 2020
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Managing Your Residential Community & Common Housing Under the Threat of Covid-19

by Donna DiMaggio Berger, Esq., Becker & Poliakoff

Managers are on the front lines of many challenging issues for private residential communities but managing a pandemic is uncharted territory for most. With the number of cases of Covid-19 increasing in Florida and the fact that Governor DeSantis has declared a State of Emergency, proactive community association management professionals are thinking about how this virus might impact their residential communities and what can be done to blunt the impact.

 

There is an increased risk of contracting Covid-19 for health care workers, individuals with respiratory and other underlying health issues, as well as the elderly.  Given the demographics in many shared ownership communities and particularly in “55 and Over” communities, managers should be prepared to contend with a fair amount of fear and confusion about the proper policies and protocols to follow to safeguard the community.

One of the first directives from a board may be to seal off the community as much as possible from outside exposure. The board may wish to limit guests, nonessential contractors and may even inquire as to whether or not residents who have traveled to high risk areas (China, South Korea, Iran or Italy) may be prevented from returning to the community.

Your first course of action is to calm some of the hysteria. If you think a directive sounds implausible, illegal or inadvisable, insist on contacting association counsel for a legal opinion regarding the proposed policy.

Overly restrictive protocol that unnecessarily impacts your residents’ freedoms and quality of life is not likely to withstand a potential legal challenge and also creates unnecessary strain in your community.  Prohibiting owners from having guests or undertaking renovation projects is not warranted at this time.

You can suggest that your members voluntarily reduce the number of guests they invite into the community but prohibiting guests altogether is not a viable option.  However, if your community’s governing documents prohibit short term rentals and you are aware that some owners are violating these restrictions under the guise of having non-paying guests when they are really renting out their units on platforms like Airbnb then working with counsel to curb this activity should be a priority. Limiting the amount of transient residents can reduce exposure.

It is also important to remember that not every private residential community will be impacted in the same way by the spread of Covid-19. In multifamily buildings where residents encounter each other frequently in the elevators, corridors and other common areas, the need to address preventative measures is much more pressing than in an HOA with single family homes and no enclosed common areas.

Draconian solutions to a problem often do more harm than good. There is no legal basis upon which you can prevent residents from returning to their homes. There is also no legal basis upon which you can deny a potential purchaser or potential renter who has recently traveled to a high-risk area.

Asking travel-related questions can have a chilling impact on the proposed transaction thereby exposing the association to a potential claim for interfering with a sale or lease.  Be sure to speak to association counsel before revising your application forms or asking intrusive questions during your interviews.

 

Since Governor De Santis has declared a state of emergency some boards may reasonably believe that the statutory emergency powers found in Chapters 718, 719 and 720 of the Florida Statutes have been activated. However, those powers were enacted to assist boards in dealing with post hurricane issues so applying them to a medical emergency would be a novel approach.

Don’t assume that your board can utilize the same emergency powers that are activated in response to damage caused by an event for which a state of emergency is declared; a legal opinion is needed before your board attempts to use any of the statutory emergency powers.

 

The board must continue to operate and administer the community’s affairs and holding regular meetings is a large part of that function.  Many boards regularly experience poor attendance at their meetings so there is little reason to be concerned about holding meetings unless you know that you have an active infection in your community. Boards that are concerned about having meetings can certainly use technology such as in-house cable channels or Skype to allow residents to view their meetings from the privacy of their homes.

 

If you wish to minimize the spread of Covid-19 or the flu, use all of your association’s communication channels (newsletter, email or text group, website, direct mail, and in-house cable channel) to remind your residents to wash their hands frequently. You may also wish to place hand sanitizer stations in high traffic areas in the community.  Advise your residents that if they are experiencing symptoms they should let you know and they should avoid using the recreational facilities such as the Clubhouse, pool and fitness room. Management professionals should follow suit and not report to work if they are feeling ill.

Let your residents know that if they are feeling ill or have any questions or concerns they can contact the Florida Department of Health’s 24-hour hotline that can be reached at ‪1-866-779-6121. 

Lastly, make sure you have updated emergency contact information for all owners including any residents who may be particularly vulnerable.  Covid-19 is the latest in a long string of challenges that those of us who serve community boards experience. This too shall pass but in the interim, prudence and caution is warranted.

 

Donna DiMaggio Berger is a Shareholder in Becker’s Community Association Practice in Ft. Lauderdale, Florida. She is a member of the prestigious College of Community Association Lawyers (CCAL) and is one of only 190 attorneys statewide who is a Board Certified Specialist in Condominium and Planned Development Law. As Founder and Executive Director of Becker’s Community Association Leadership Lobby (CALL), Donna has led various community association advocacy initiatives, working with legislators and other public policymakers on behalf of those who live, serve, and work in common interest ownership communities.

Donna DiMaggio Berger
Shareholder / Ft. Lauderdale
954.364.6031
DBERGER@beckerlawyers.com

 

Again here are some tips for your community and you!

It is not too soon for condominium, cooperative and HOA boards to be discussing the issue of Covid-19 with their residents. We’ve already suggested to our CALL Members statewide that the following protocol may be helpful:

  • Urge residents who have frequent guests to limit or reduce guest usage for the near future.
  • If there is Airbnb and other short-term rental activity occurring in your community that violates your governing documents, work with association counsel to curb that activity.
  • Place hand sanitizer stations in high traffic areas in the community.
  • Speak to association counsel before engaging in conversations with potential purchasers or potential renters about Covid-19 and their possible travel-related exposure.
  • Speak to association counsel about the applicability of emergency powers now that Governor DeSantis has declared a State of Emergency in Florida. Don’t assume that this means that your board can utilize the same emergency powers that are activated in response to damage caused by an event for which a state of emergency is declared.
  • Make sure you have updated emergency contact information for all owners including any residents who may be particularly vulnerable.
  • Let your residents know that if they are feeling ill or have any questions or concerns that they can contact the Florida Department of Health’s 24-hour hotline that can be reached at ‪1-866-779-6121.

 

 

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Leigh Katzman’s Law Firm,  providing Statewide Educational to Board Members and Community Association Managers (CAM’s) across the state of Florida

Leigh Katzman’s Law Firm,  providing Statewide Educational to Board Members and Community Association Managers (CAM’s) across the state of Florida

  • Posted: Feb 21, 2020
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Leigh Katzman’s Law Firm,  providing Statewide Educational to Board Members and Community Association Managers (CAM’s) across the state of Florida

Most of you reading this already know the names Bill and Susan Raphan and the mark they made on the Florida Condominium Ombudsman’s Office during their 7-year tenure.

For those of you who don’t know about this dynamic couple, here is their story. When Florida’s first Condominium Ombudsman, Virgil Rizzo, was appointed back in 2004, there was no money to staff the local South Florida Office. Bill and Susan were his first volunteers. They had been having problems in their own condominium and wanted to help others in similar situations. They worked for seven (7) months as volunteers, often returning calls from over a hundred people a day asking for help with their association-related issues, before the money was found in the State budget to finally pay them.

During their seven years with the Condominium Ombudsman’s Office they spoke with thousands of association members, directors, association managers, attorneys and legislators about the common and not-so-common issues that crop up when people live in close quarters and decisions are made by an elected body.

While some of the problems they confronted were not within their authority to address, others were successfully resolved as a result of their intervention. A patient set of ears, knowledge regarding the Statutes, Administrative Code and practices of the DBPR along with common sense and a dash of humor often helped put both Board Members and Owners with complaints on the right path. Was every problem solved? Absolutely not. Were many problems that could have resulted in time consuming and costly litigation successfully defused? Absolutely yes.

Bill and Susan had run a successful catering business for many years and, as a result, applied many of those same business principles to organizing the Ombudsman’s Office in an efficient manner especially given the shoestring budget under which they were forced to operate. They began an extensive education program at Broward and Palm Beach College as well as in Community Centers and Condominiums throughout the State. They facilitated the appointment of election monitors for approximately 90 condominium elections per year and educated almost 6,000 people in just their last year at the Condominium Ombudsman’s Office!

In 2011 they made the leap of faith and decided to join Leigh Katzman’s Law Firm as its Statewide Educational Facilitators. Today, the Raphans have been widely recognized for their role in providing Board Members and Community Association Managers (CAM’s) across the state of Florida with the highest-quality educational seminars for certification and continuing education credits. Bill and Susan were also featured in a front page article in the Wall Street Journal and have appeared on many TV and radio programs.

We are thrilled to have Bill and Susan as part of our team at Katzman Chandler and would urge you to experience one of their enjoyable and interactive educational classes for yourself.

For those of you wishing to contact Bill and Susan Raphan, you can reach them on their TOLL FREE HOTLINE @ 855-827-5542 or by email at WSRaphan@KatzmanChandler.com.

 

MEMBERS OF SFPMA: FIND COURSES FOR BOARD MEMBERS, MANAGEMENT COMPANIES ON OUR MONTHLY CALENDAR

NEW EVENTS ARE ADDED MARK YOUR CALENDARS FOR MARCH

 

 

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HOW TO REMOVE TROUBLESOME TREES

HOW TO REMOVE TROUBLESOME TREES

  • Posted: Feb 17, 2020
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HOW TO REMOVE TROUBLESOME TREES

by Jeffrey Rembaum, Esq. KBRLegal

 

A great many streets in Florida’s residential communities are lined with oak trees. While they can look so appealing as a canopy, many of these trees can raise sidewalks and driveways. Their massive roots can grow into plumbing lines, cause various trip hazards and kill the grass, too.

Until recently, it was very problematic to remove these trees for a variety reasons. Moreover, it was also expensive  to deal with all of the governmental red tape caused, in many instances, by over zealous city officials, such as the city forester, who requires strict compliance with the community’s original landscaping plans, etc.  Well, the Florida legislature listened to stories of local government unreasonableness and did something about it to the great satisfaction of association members everywhere.

But, there is still a problem because many local governments refuse to accept that   House Bill 1159 was passed into law in 2019. This new law prohibits a local government from requiring a notice, application, approval, permit, fee or mitigation for the pruning, trimming, or removal of a tree on residential property when an arborist or landscape architect documents that the tree presents a danger to persons or property. As an important FYI, mangroves are exempt and all existing requirements for mangrove trimming, etc., remain steadfastly in place.

Apparently, the problem of local government personnel ignoring this new law is so pervasive that on January 7, 2020, the Speaker of the Florida House of Representatives, Jose Oliva, sent a memo to all Local Government Officials alerting them that they need to follow this new law and that the House of Representatives will be “diligent in executing its oversight responsibilities in order to protect the rights of property owners and to prevent illegal governmental actions that interfere with these rights. WOW!!!

If your community has a problem with tree removal caused by local government officials perhaps showing them a copy of the memo might help. Also, be sure to alert your association’s attorney to the problem so that they can intercede on the association’s behalf.

 

This new law is codified in s. 163.045, Florida Statutes and provides as follows: 

s. 163.045 Tree pruning, trimming, or removal on residential property.—

(1) A local government may not require a notice, application, approval, permit, fee, or mitigation for the pruning, trimming, or removal of a tree on residential property if the property owner obtains documentation from an arborist certified by the International Society of Arboriculture or a Florida licensed landscape architect that the tree presents a danger to persons or property.

(2) A local government may not require a property owner to replant a tree that was pruned, trimmed, or removed in accordance with this section.

(3) This section does not apply to the exercise of specifically delegated authority for mangrove protection pursuant to ss. 403.9321403.9333.

 

View our Membership page on SFPMA and Legal Sponsors, with articles written each month in the Florida Rising Magazine – KBRLegal

 

 

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7 Reasons to Join Your HOA Board | SFPMA

7 Reasons to Join Your HOA Board | SFPMA

7 Reasons to Join Your HOA Board | SFPMA

A voluntary role, serving as a board member in your homeowners’ association (HOA) does involve work—but you’d be surprised by the great impact you can have on your community. While the board of directors ensures the community and amenities are well maintained and property values are protected, they also must ensure that the association keeps a healthy financial position and that applicable laws are properly followed. It can be a tough job, but with tremendous rewards. Here are seven reasons to join your HOA board.

 

1. You have a passion for the community.

People who serve on their association’s board of directors do so to make a difference and get involved in their community. You must be willing to volunteer without compensation and view this as an opportunity to serve your neighbors and enhance the community’s assets.

2. You value relationships.

As a board member, you must spend time nurturing relationships with your fellow neighbors. Doing this will personalize leadership, build trust, and show that boards do more than enforce rules and measure budget performance. Positively connecting with residents will significantly impact governance and make the community a better place to live.

3. You see a bright future.

The board is responsible for the direction of the community, but establishing a direction involves developing a plan. Beyond having a vision, board members must consider what needs to be accomplished in the next year or two, what projects need to be taken on, and what services need to be offered for the association to fulfill its legal obligation to members.

4. You’re ready for a long-term commitment.

Involvement in one or more of your association’s committees is usually a stepping stone to becoming a board member. While many committees typically have a shorter lifecycle, they’re a great way to learn how the association works. Most board members must commit to a one-year term, but may serve on the board for a longer amount of time if they’re reelected. Consult your community’s governing documents for additional details about term limits and election cycles.

5. You have a positive mindset.

Your time of service on the board can have its ups and downs, but it’s crucial you stay positive through it all. A team player, you can support your fellow board members and stand firm behind the decisions the board makes collectively. Homeowners often look to board members for guidance, so it’s essential to encourage positivity.

6. You feel inspired by the board.

A successful board of directors does more than hold meetings and enforce rules. An effective board is welcoming, encouraging, and transparent. Board members lead by example, and it’s their duty to promote the benefits of the association and foster an environment that people can see themselves in.

7. You enjoy seeing people fulfill goals and accomplishments.

One of the best ways that board members keep homeowners engaged in their community is by showing appreciation. Thanking your community association manager, fellow board members, committee members, and homeowners for their volunteer services and community efforts is something that should come naturally to a board member. Frequently recognizing and publicly acknowledging the efforts of community volunteers isn’t just the right thing to do, it also increases gratitude through the community.

Thanks to our Friends at Associa for this article.


Board Member Education

Find Board Member Educational Courses from our Members on SFPMA.  Check back often, as new courses are added every day.

While serving on the board doesn’t require any previous experience, there is a learning curve to the job. You’ll need to become educated on the governing documents of your association, the needs of your homeowners, and the financial standing of each project.

 

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HonestESA INITIATIVE STARTS NOW!

HonestESA INITIATIVE STARTS NOW!

  • Posted: Feb 04, 2020
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HonestESA INITIATIVE STARTS NOW!

As previously reported by CALL, two bills are making their way through committee in the Florida House and Senate. House Bill 209, sponsored by Representative Killebrew and Senate Bill 1084 sponsored by Senator Diaz, aim to protect disabled Floridians and curb some abuses related to emotional support animals (“ESAs”). Growing frustration over perceived illegitimate ESA requests unites Florida community associations. Fraudulent ESA requests harm not only community associations by forcing them to spend limited resources and precious time evaluating sometimes blatantly fraudulent documentation but also harm persons with a legitimate disability-related need for an ESA. Click here to read the bills.
 
 
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Five tips for new HOA board members

Five tips for new HOA board members

  • Posted: Jan 16, 2020
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Five tips for new HOA board members, From our friends at Vesta Property Services.

Welcome to the board! Being a new HOA board member, you are going to be wearing many different hats and stepping into a few challenging roles to help make sure your HOA is running smoothly. Now that you’ve been elected, the big question is…What’s next?

For many newly elected board members it is their first time in the position, presenting a pretty steep learning curve. Lucky for you, Vesta has a few tips to get you more comfortable in your new position.

Just follow these board member basics and you’ll have all the tools you need to become the best board member you can be! 

1. Understand your role

While you volunteered for this position, you also should realize that it is not to be taken lightly. The board is responsible for the management of all aspects of the association. You are a key element in ensuring that your association continues to operate and that all of the residents are happy with the HOA they chose to live in. Vesta has an article on understanding the roles of the HOA board that you can read here.

The best way to quickly learn how your association achieves these goals is to read your association covenants, by-laws and other governing documents. Don’t be afraid to ask veteran board members about their responsibilities and the minutia of the job. Often experience is the best teacher, so talking to seasoned board members is a great way to figure out what to do and more importantly, what not to do.

 

2. Team up with a great property management company that you can trust

If your board works with a property management company that you trust to do right by your community, you can use them as a resource to help you ease into your new role! Working effectively with your management company is a great way to make sure you’re getting everything you can out of what they offer.

Having a close relationship with your HOA’s CAM will open doors for you and the rest of your board that will lead to efficient and effective methods of management. As a part of their services, your CAM should be providing you and your residents with clear communication in enforcing your association’s policies and assisting with your budget, financials and even managing your vendors!

3. Participate

If you want your board to be effective, all board members should be participating, both during and between meetings. Make sure you’re going to every meeting you can, volunteering for projects and taking an active role in the management of your community.

Everyone on the board should be doing whatever they can to make every meeting count. When a meeting is run poorly, more issues are created than solved. While making sure your meetings are productive can be a tall order, it can really be as simple as following procedure, reading the agenda, keeping accurate minutes and reviewing what was discussed at the end of the meeting.

You can find some tips about leading productive board meetings here.

4. Communicate

Many of your neighbors will probably agree that communication between the board and community is vital to the success of a community. Transparency is necessary if you want to maintain a positive relationship between your board and your neighbors. Make sure you keep your community informed about issues, ideas and changes that are going on in the community you both live in.

5. Take advantage of the Community Associations Institute 

In their own words, CAI is an international membership organization dedicated to building better communities. CAI serves community associations by providing guidance through seminars, workshops, conferences and education programs for community managers and other industry professionals.

CAI offers many educational services including online training and in-person workshops that you can attend. Many property management companies also host board certification classes that you can attend

Volunteering for your community is rewarding and challenging; it’s important to take some time now to learn about your role as a board member and how to best serve your association. Following these guidelines is a great way to ensure your transition is smooth and that you enjoy your time on the HOA board!

 

 

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Failure to communicate can lead to a manager’s failure

Failure to communicate can lead to a manager’s failure

  • Posted: Dec 27, 2019
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Failure to communicate can lead to a manager’s failure

Since I work closely with management professionals, one of the more difficult questions I routinely face from community association leaders is how the community should go about the process of selecting a new community association manager. It causes me great concern when I first hear that a community is thinking of changing managers as most of them I know are conscientious and hard-working individuals who truly give their all for their clients. My first reaction is to ask the board members why they are even considering changing managers. Among the more common answers I hear are:

 

  • Too many residents complain of the manager not getting back to them after an issue is reported
  • Projects aren’t getting done on time
  • This manager is charging us too much for the service provided
  • It just isn’t working out

The follow-up comment I usually get is to “please not tell the manager” that we are looking to replace him. While I understand this sentiment, the secrecy between board and community association manager highlights the much larger problem to me. Quite simply, there has been a failure of communication between all parties involved. Unfortunately, it is often the association manager who becomes the scapegoat for this communication failure and will lose not only a client but also valuable income for years to come. That is why it is in every association manager’s best interest to be proactive in his managed communities’ communication efforts. A well-informed client is a happy client.

Communicating with board members is simple enough. Association managers already attend numerous board meetings, annual meetings and even committee meetings. However, with the exception of those homeowners who attend the annual meeting, most residents are largely unaware of the professional who manages their association. Worse still is that the only communication some residents ever receive from their association manager is a notice of a rules violation or a fine. That is why communication tools such as letters, e-mails, newsletters, community websites and even social media are vital to helping association managers properly communicate with the vast numbers of residents whose communities they manage.

 

Of course, there are numerous other advantages to establishing and maintaining great communications within the communities you manage. Better informed residents tend to be better behaved residents. You can use your communication efforts to build civic pride and create a better sense of community. Perhaps, most importantly, successful communication efforts create loyal clients. Wouldn’t you rather have the board come to you to discuss management shortcomings such as those listed above instead of going out shopping for a new manager behind your back? Of course, you would!

 

Taking the time to produce great communications is not always at the top of a busy manager’s “To Do” list. Understandably, there are numerous distractions and emergent matters to deal with. However, if you neglect a community’s communication needs, don’t be surprised to learn your clients have been secretly looking to replace you. You can avoid that disappointment by making communications a top priority. If you need help telling your story, don’t be afraid to seek out an expert. Communicating with your clients is the best way to assure they will stay loyal to you for years to come.

 

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Setting the Ground Rules for Community Association Committees

Setting the Ground Rules for Community Association Committees

  • Posted: Nov 29, 2019
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Setting the Ground Rules for Community Association Committees

Not enough community association boards make effective use of committees. Committees can be very useful when it comes to providing recommendations to the board and assisting the board with carrying out its duties and responsibilities. However, many associations do not take the time to establish committees or set parameters for their work so that committees may assist in the operation of the association.

Setting up committees is the responsibility of an association’s board of directors. The board must appoint the members of each committee at a properly noticed board meeting, during which the directors should provide instructions and set parameters for the scope of the committees’ responsibilities.

One of the best approaches is for boards of directors to use their annual meetings to establish various committees, appoint committee members and establish areas of purview for each. Each committee should have at least three members.

With the exception of the rules enforcement committee, board members may also serve as members on committees. Many associations choose to have a board member on each committee along with two non-director volunteers, as this enables the board member to keep their fellow directors abreast of the committee’s work and progress.

The only committee that is required by law for Florida community associations is the rules enforcement committee, which is also often referred to as the fining, violation or grievance committee. Associations that wish to levy fines and impose the suspension of use rights for violations must utilize such a committee to do so. Per Florida law, this committee cannot be comprised of board members or spouses or relatives of board members in order to maintain its independence from the board.

Fines or suspensions may only be imposed after the association provides at least 14-days written notice to the owner, occupant, licensee or invitee to be fined or suspended, and they must be provided an opportunity for a hearing before the rules enforcement committee. During these hearings, the committee should hear and evaluate the alleged violator’s side of the story behind the underlying fine. The hearing should be closed to all members except for the alleged violator and the corresponding unit owner, should the violator be their tenant. At its conclusion, the committee members should vote on whether to confirm or reject the fine or suspension levied by the board, which requires a majority vote to be imposed.

The other most common types of committees are the budget committee, which assists the board with creating the annual budget, and the architectural review committee, which is typically charged with reviewing any requests for construction, improvements or alterations taking place on association property or within a unit or exterior of a lot.

By utilizing committees and ensuring that they are staffed by dedicated volunteers, associations can facilitate their operations while also avoiding overburdening board members with too many issues and responsibilities. When first establishing committees, boards of directors would be well advised to consult with highly qualified association legal counsel regarding their creation and setting forth the scope of their responsibilities.

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Creating Quality Board Meeting Agendas and Minutes

Creating Quality Board Meeting Agendas and Minutes

  • Posted: Nov 29, 2019
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Creating Quality Board Meeting Agendas and Minutes

Board meeting agendas and meeting minutes are a key part of condominium associations’ official records. For unit owners not actively involved with the association, they are the primary way to follow along with the board’s activities. Given this, it is important that the board produce quality agendas and meeting minutes. Generally, these two documents should provide sufficient detail so that a unit owner with no previous knowledge of the property will understand what the board is considering and the reasoning behind board actions. Agendas and meeting minutes are also reviewed by the association’s CPA during audits, and are some of the primary documents the Department of Business and Professional Regulation (DBPR) examines to resolve complaints against associations. Lastly, new managers or board members use meeting minutes to obtain insight into past association issues. In sum, having detailed agendas and meeting minutes can prove invaluable.

There is significant confusion around how agendas and meeting minutes should be formatted, and what information they must contain. The Florida Statutes provide little guidance on these topics, leaving it to the boards and their managers to determine what is appropriate. Many standard formats (i.e., Robert’s Rules of Order) are used and often the community’s bylaws will provide guidelines. The board is obligated to follow any agenda, meeting minutes or board meeting format requirements outlined in their governing documents. That being said, if your documents indicate that Robert’s Rules should be followed, the board should review these Rules and make reasonable decisions about how to apply them to a casual condominium board meeting. For example, there is no need to stand to make a motion and no need for the president to recognize a board member before they speak despite what Robert’s Rules tells us.

 

Agendas

Florida Statute 718.112(2)(c) provides the following agenda requirements:

  • All regular board meeting agendas must be posted visibly on the condominium property at least 48 hours in advance of a meeting. NOTE: Members’ meetings (e.g., annual meeting), budget meetings and certain other meetings require additional advanced notice.
  • If there is no condominium property available where notices may be posted, the board must mail or email (if electronic consent form has been received) the agenda to all unit owners 14 days in advance of the meeting.
  • The board must adopt an official location for posting agendas on property.
  • Any item that will be discussed by the board at a meeting must be listed on the agenda.
  • If 20% or more of a community’s members petition to have an item on the agenda, the board must add this item to an agenda within 60 days of receipt of the petition.
  • Board meetings held in the event of an emergency may be held without a previously posted agenda.
  • Items not listed on an agenda may be taken up at a meeting on an emergency basis by a vote of a majority plus one of the board members.

NOTE: The DBPR has reprimanded associations for holding “emergency” meetings and discussing “emergency” items that are not true emergencies. If the board can wait 48 hours for proper notice to be posted before discussing the item, then the board should do so.

The above Florida Statute requirements do not provide any guidance on how a meeting agenda should be structured. This is up to the board to decide.  I recommend that an agenda format be approved by the board and used consistently. To better inform the unit owners, I also recommend that the agenda include a brief sentence on the purpose of each agenda item. For example, an agenda may list “Landscaping” as one of the items but to a unit owner that may mean very little. An agenda item like this is much more informative: “Landscaping: the board is considering proposals to replace all plants surrounding the front fountain”. Most management companies have their own agenda formats but the board can certainly request changes to that format.

Below, I have listed the primary sections of a board meeting agenda with some guidance on each item. They are listed below in the order which I would recommend they be listed on the agenda and addressed at the meeting.

 

1.     Meeting Date, Time and Location:  This information must be included on every posted agenda.

2.     Call to Order, Proof of Quorum, Proof of Notice & Roll Call: This item should be the first item at every meeting and is primarily a formality. The president will call the meeting to order, specify the time, and confirm that the agenda was properly posted at least 48 hours in advance of the meeting. The board members present should state their names and positions to confirm a quorum has been obtained.

3.     Special Speakers or Guests: Sometimes boards will request special guests attend a meeting. For example, the association may request that its insurance broker come to a meeting to discuss insurance policy renewal. I generally recommend listing any agenda items relating to guests at the top of the agenda so that the guest may conduct their business and then leave without having to sit through a long meeting.

4.     Prior Meeting’s Minutes: Minutes from the previous board meeting should be reviewed and approved by the board. If your community follows Robert’s Rules, they are required to be read aloud. To avoid this, the board should receive and make changes to draft minutes in advance of the meeting. If done this way, they do not need to be read aloud. Getting draft minutes to the board for review within a few days of a meeting really helps with accuracy as the information is fresh in the members’ minds.

5.     Manager/ Board Member/ Committee Reports: If the manager, a board member (typically the president) or committee head wishes to provide an update on specific items, they should be listed on the agenda. Further, I would recommend a brief listing of the topics they will discuss. Just listing “President’s Report” could be used as a catch all agenda item during which the president/ board may talk about any association topic. In my opinion, this does not comply with the spirit of the Florida Statutes.

6.     Treasurer’s Report/ Financial Statements Review: The association’s most recent monthly (or quarterly) financial statements should be reviewed and approved at each meeting. Any items the board may need to vote on relating to collection efforts (e.g., a vote to lien a unit) should also be listed as an agenda item (specific unit numbers may be listed).

7.     Amenities Use & Voting Rights Suspensions: As discussed in this post, boards must vote to suspend the amenities use rights or voting rights of unit owners in arrears. As such, this should be listed as an agenda item (specific unit numbers may be listed).

8.     Unit Owner Comments/ Questions/ Concerns: As discussed in our post on unit owner rights at board meeting, unit owners have the right to speak on any agenda item. I recommend listing an agenda item specifically for this purpose near the beginning of the meeting.

9.     Old and New Business: This section should include any business the board wishes to discuss. Keep in mind that the agenda should include all discussion items not just those that the board plans to take a final vote on at the meeting.

10.  Email Vote Ratification: While boards should try to avoid voting by email entirely (see this post for more information), if the board does vote via email I recommend that the item be included in the next meeting’s agenda and ratified at the meeting.

11.  Adjournment: Similar to #2 above, this is a formality. The time of adjournment should be specified.

 

 

Meeting Minutes

According to Florida Statute 718.111, meeting minutes must be taken for each board meeting. In my opinion this includes those meetings not open to unit owners (though minutes should be brief). Further, minutes must be retained for at least 7 years and must include how each board member voted on each item including if the board member abstained from voting. These are the only requirements for meeting minutes per Chapter 718. Robert’s Rules provide guidelines on preparation of meeting minutes but otherwise the style and content of the meeting minutes is up to the board.

We recommend the following as it relates to constructing meeting minutes:

  1. Use the meeting’s agenda as a base for the meeting minutes.
  2. Include meeting start and end times.

  3. List the board members, unit owner and other guests in attendance (including those present by phone)

  4. Record the meeting and listen to the tape while drafting the minutes to ensure accuracy. Tapes may be destroyed once meeting minutes are approved.

  5. Ensure the minutes are sufficiently thorough for a unit owner not present at the meeting to understand what actions were taken by the board and why.

  6. Transcribe the specific wording of each motion including who voted in favor of or against the motion.

  7. Include any identified board member or manager conflicts of interest.

  8. Briefly summarize any discussions the board had that did not end in a vote.

  9. Do not include board member quotes or the specific opinions of one board member (unless requested by the board member).

  10. If email votes were ratified at the meeting, Include copies of the email chain showing the vote with the meeting minutes.

The board of my association has begun attaching a “status update” document to our meeting minutes which I think is very helpful. This document specifies what actions have occurred on each agenda item from the time of the last meeting to the time of the current meeting. For example, if in last month’s meeting the board voted to re-landscape an area of the property, the “status update” document (which is provided to the board for review and approval at the current meeting along with the draft minutes of the prior meeting) would state something like: “Landscapers removed all old plants and have replaced all irrigation piping. New plants are scheduled to be installed next week”. This provides and straightforward way for unit owners to obtain updates on the status of past agenda items.

 

 


NOTE: This post reflects our opinions and ideas and should not be taken as legal advice or professional guidance. References to language in the Florida Statutes or Florida Administrative Code are based on our reading and laymen’s interpretation of these documents. As always, we strongly encourage you to consult with legal counsel regarding the interpretation of law.


 

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