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ALL ABOUT E-MAILS  By Eric Glazer, Esq.

ALL ABOUT E-MAILS By Eric Glazer, Esq.

  • Posted: Mar 08, 2023
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ALL ABOUT E-MAILS

By Eric Glazer, Esq.

 

There really is a lot to know when it comes to e-mails.  Here’s a brief outline:

Can Directors Communicate and Vote By e-mail?

Members of the board of administration may use e-mail as a means of communication but may not cast a vote on an association matter via e-mail.

Example:  Friday night is a board meeting.  On the agenda is whether or not to hire Joe’s Landscaping Service.  Between now and Monday the Board members can send e-mails to each other suggesting whether or not to hire Joe’s.  Even if all decide to hire Joe’s, that vote must still take place Friday night at the properly noticed Board meeting.

Are these e-mails official records of the association, accessible to the unit owners?

E-mails on the personal computers of individual directors are not official records of the condominium association. The property of an individual director does not become the property of the association because of his office on the board.  Even if directors communicate among themselves by email strings or chains, about the operation of the association, the status of the electronic communication on their personal computer would not change.

Similarly, an email to an individual director or to all directors as a group, addressed only to their personal computers, is not written communication to the association. This must be so because there is no obligation for a director to turn on the personal computer with any regularity, or to open and read emails before deleting them.  The conclusion may be different if the association owns a computer on which the management conducts business including emails (analogous to government public records); or if emails are printed up and passed around for discussion at a board meeting.

Does that Mean A Director’s E-mail can Never Be Seen By Anyone?

Just because the e-mail may not be an “official record” of the association does not mean that nobody can ever get to see it.  Trust me, if the association is involved in litigation, and I serve a subpoena on a director for their e-mails which may have relevant information, the court will require production of those e-mails.  So board members be warned, before you hit the SEND button think about whether or not you would be comfortable with a judge, jury or opposing counsel reviewing it as well.

Are the E-mail Addresses of the Unit Owner’s an Official Record obtainable by an Owner?

E-mail addresses are not accessible to the unit owners, unless the reason why the association is in possession of that e-mail address is because the unit owner signed a form consenting to receive notices by e-mail.

Have any additional questions?  Send us an e-mail.

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THE ANNUAL MEETING/ELECTION:  IT’S NOT A BOARD MEETING!

THE ANNUAL MEETING/ELECTION:  IT’S NOT A BOARD MEETING!

  • Posted: Mar 08, 2023
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THE ANNUAL MEETING/ELECTION:  IT’S NOT A BOARD MEETING!

by Steven J. Weil, Ph.D., EA, LCAM, President, Royale Management Services, Inc.

What then is “the Annual Meeting?” 

By law Florida condo associations must have an Annual Meeting each year; but, conversely, they need not have an election every year if there are no new candidates.  What can be somewhat confusing is that they are two separate things with separate quorum requirements and with a rule that they must be held on the same day. Further, conduct of the Annual Meeting should not be confused with that of a Board meeting.

The statutory requirement for an annual meeting (which seeks to give owners a “voice”) was written to ensure that the residents are well informed, especially in communities that have very few board meetings.  It’s a members’ meeting.  No Board business, board action or voting may be conducted; but there may be reports, and there may be a “State of the Association” speech to highlight events of the previous year.

Board members are not even required to attend the Annual Meeting. Although a Board member could chair the Annual Meeting, he or she would be doing so as a resident, not a Board member.  As a rule, the Meeting is chaired by an appointed impartial resident, the Property Manager, or, if deemed necessary, by the association’s attorney. Any Motions that are made are passed by a show of hands of those present.

If there is an election, residents may vote either in person by placing their ballot in the ballot box or by mailed-in ballot. The proxy that is sent to residents in advance with the meeting announcement has nothing to do with the election. Its only purpose is to establish a quorum for the Annual Meeting.

There are two separate quorum requirements for the Annual Meeting and the Election. For the Annual Meeting, it’s 50% of the resident population plus one. For the election, the quorum is only 20% of the resident population.

How To Conduct the Election

Assuming there are candidates or Directors with expiring terms, and an Election is needed, it may take place simultaneously with the Annual Meeting. Once the Annual Meeting is turned over to the impartial Chair and the Chair has determined that a quorum has been met, he or she introduces the Inspector of Elections.

The Inspector then introduces the ballot counters and confirms that, per the Election rules, they are not Board members or Board candidates, nor are they related to Board members or candidates.

Before the counting can begin the Inspector is asked to confirm that there was a quorum for the Election. If a 20% election quorum does not exist, ballots are not opened and the current board remains in place for the coming year.

The Inspector, along with the ballot counters, also confirms that the signatures of the outer envelopes mailed in advance to residents for voting purposes have been verified and are unopened.  Those envelopes are required to provide the unit number, name of the voting member and be signed on the outside. Units with more than one owner, units owned by a trust, LLC, or units owned by a corporation must have a voting certificate on file that shows who is authorized to vote for the unit. Outer envelopes should contain the sealed ballot envelopes.

Proxies should not be placed in the ballot envelopes. No identification or markings are permitted on the inner ballot envelopes.  When an outer ballot envelope is improperly completed, it is marked “disregard” and left unopened.

Ballots may no longer be accepted once the first ballot is opened.  The polls are closed by the Inspector once there are no more new voters confirmed by a Motion from the floor to close the polls.  The residents pass the Motion by a show of hands. Ballots cannot be accepted once the counting process begins.

That being done, the Inspector turns the meeting back to the appointed Chair, who begins the Annual Meeting while the ballot counting takes place in plain sight of residents.  Anyone may observe the vote counting but may not interfere.

At the conclusion of the counting and verification, the results are announced by the Inspector, after which the Chair may adjourn the Meeting.  All election materials must be kept for one year.

It should be noted that in most associations, newly elected board members begin their term immediately once the vote has been concluded.

It is also advisable to schedule an Organization Meeting of Board members immediately following the annual meeting so that directors and officers can be appointed or reappointed and take their positions without a lapse in leadership.

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Join Us In Support Of Taylor Yarkosky For State Representative!

Join Us In Support Of Taylor Yarkosky For State Representative!

  • Posted: Apr 08, 2022
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Join Us In Support Of Taylor Yarkosky

For State Representative!

Date: April 13, 2022
Time: 6:00pm – 8:00pm
Location: Corona Cigar Company
1130 Townpark Avenue
Lake Mary, FL 32746
RSVP: Makenzi Mahler
850-445-0684
Beckerballot – State-of-the-art online voting platform to your associations portfolio of services. Powered by beckerlawyers.com

Beckerballot – State-of-the-art online voting platform to your associations portfolio of services. Powered by beckerlawyers.com

  • Posted: Mar 23, 2022
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Beckerballot – Powered by beckerlawyers.com

Technology is an unavoidable and critical part of any business. As such, why not consider implementing a state-of-the-art online voting platform to your associations portfolio of servicesBeckerBALLOT.com is the perfect solution to help you streamline operations for your community, is extremely easy to setup, and it will give you the added advantage of increasing both your relevancy and residential appeal, thereby setting you apart from your competition!

Watch our Webinar for more information

 

Here’s what you will learn during the webinar:

  • Walk through of BeckerBALLOT.com and its administration section/voting portal
  • See examples of how others have successfully utilized the platform to benefit their communities
  • View a demonstration on how to upload users, how to set up a vote, how to cast a vote, and more
  • Learn about the functionality and ease of use
  • Find out about flexible pricing options
  • Participate in a Q&A with our customer support team to answer any questions you may have

 

Click here to view upcoming BeckerBALLOT.com webinars.

The voting platform must also comply with a number of other requirements to ensure voter access and voter anonymity for election votes. It is strongly recommended that you speak with your lawyer to ensure that the proper initial legal steps have been taken whenever you decide to offer online voting as a voting option in your community. In Florida the shared ownership statutes require that the board of directors first pass a statutorily-compliant Board Resolution Authorizing Electronic Voting and obtain written consent from the owners wishing to utilize online voting.

Check out BeckerBallot.com/FAQs for more information

 

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We have 2022 Sales for Members: Advertising in our Magazine and in the News Blast and on our website.

We have 2022 Sales for Members: Advertising in our Magazine and in the News Blast and on our website.

  • Posted: Dec 28, 2021
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Take advantage of our Advertising Sales.

Members Advertising in our magazine,News Blast and Website are avail for the new year.

 


 

ADVERTISING SALES

 

1-  We are running this sale for all members become a featured sponsor of our Email News Blast

  • Every week we publish our Email Blast filled with News, Articles, Member Information, This is sent 3 days every week at 9am
  • Your company send us a 300px by 300px logo picture we link to your website.
  • Be seen by over 230,000 readers as sponsors.  52weeks @3x every week.  In every posted Email your company is set on this with your logo as a featured sponsor.

Special Price of 450.00 for the entire year

This is limited there are only 15 spots  Act now. we are getting ready for 2022

NOTE: our news feed has been upgraded with featured post pictures that are displayed for the Articles in these email blasts.

 

2- Take out Advertising in our Publication – FLORIDA RISING MAGAZINE

  • Take out half and full pages 12 months of company advertising
  • take advantage of this special pricing
  • See our Advertising FLAT Rates: This Special ends FEB 2022.

    Business Card size:(12 months/200.00)

    Quarter Page: (12 months/450.00)

    Half Page: (12 months/700.00)

    Full Page: (12 months/950.00)

All Ads taken out for this special will run in every edition at this flat price. You can write articles every month we will publish. Your company is set on the Category sections in our magazine

 

3- Contact us for Advertising banners on the Pages of our website

 

Call us today and lock your Spaces or Fill out the Form We will call you!

 

    Main Contact Form SFPMA

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    Becker provides a variety of resources to help our community association board members, managers, and owners thrive.

    Becker provides a variety of resources to help our community association board members, managers, and owners thrive.

    • Posted: Oct 08, 2021
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    Becker provides a variety of resources to help our community association board members, managers, and owners thrive. From educational classes to a leading industry blog and podcast, informative videos, and other ancillary services and products geared exclusively to community associations, we’re here to help you navigate the complexities of community living.

     

    As leaders in Community Association Law, we not only helped write the law – we also teach it.
    Becker’s robust continuing education program provides over 200 classes per year on a variety of topics ranging from board member certification to compliance, and everything in between.

    Our most popular classes are now available online!

     

    Community Association Industry Trailblazers: Becker Continues to Deliver Cutting-Edge Technologies

    Your Site. Your Way. Same Day! Provide owners with easy access to association documentation with this legally compliant website management solution.

     

    Seamlessly facilitate and increase member participation in important votes with this easy-to-use, secure voting software solution that’s compliant with state law.

     

     

     

    Annual Retainer Benefits

    • Preferred Hourly Billing
    • Annual Meeting & Election Notice Packages
    • Preferred Pricing for BeckerBALLOT.com
    • Exclusive Access to MyCommunitySite.com Discounts
    • Online Collections Status Reporting Portal
    • Community Association Leadership Lobby (CALL) Membership
    • First access to Becker’s Community Association Guidebook Series

    For more information on becoming an annual retainer client, please call 954.987.7550.

     

     

     

     

     

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    Online voting system option for your members, those members consenting to vote online will be invited to register and vote using BeckerBALLOT.

    Online voting system option for your members, those members consenting to vote online will be invited to register and vote using BeckerBALLOT.

    • Posted: Sep 24, 2021
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    Online voting system option for your members, those members consenting to vote online will be invited to register and vote using BeckerBALLOT.

    Eligible voters will be invited to activate their account online and vote!

     

    The simplicity and security of our software makes BeckerBALLOT the perfect solution for you!

    Use the software for board of directors votes, amendment of governing documents, waive reserves and approval of material alterations and more! Your members need to simply log in, cast their votes and be on their way.

     

     

    VOTERS

    If your association has joined BeckerBALLOT and you are ready to vote ONLINE, you are in the right place!

    Your association has provided you with the ability to easily cast your vote and ensure that no matter where you are, you can participate in important association voting.  It’s fast, accurate and secure.  You’ll have the confidence in assuring your vote is counted, all without the necessity of filling out and mailing your paper ballot!

    ADMINISTRATORS

    BPBALLOT, the original electronic voting software is NOW BeckerBALLOT, a joint partnership between Becker & Poliakoff and SHYFT digital.

    We offer an easy-to-use, secure electronic voting software solution that is compliant with state law. We provide the ability for members in condominiums, cooperatives and homeowner associations to cast their votes online.  You will be able to easily and seamlessly facilitate and increase member participation in important votes. All votes stay secure, anonymous and tracked for validity.

    Once your Board adopts a Resolution which offers an online voting system for your members, members consenting to vote online may register and vote using BeckerBALLOT.com. Read the full electronic vote process here.

     

     

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    TO ARBITRATE OR MEDIATE?  By Eric Glazer, Esq.

    TO ARBITRATE OR MEDIATE? By Eric Glazer, Esq.

    • Posted: Sep 21, 2021
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    TO ARBITRATE OR MEDIATE?

    By Eric Glazer, Esq.

    Prior to July 1st, 2021 if a condominium dispute arose, the parties were forced to first arbitrate the matter before the Department of Business and Professional Regulation.  The law has now changed and reads as follows:

    (a) Before the institution of court litigation, a party to a dispute, other than an election or recall dispute, shall either petition the division for nonbinding arbitration or initiate presuit mediation.

    As you can see, now the plaintiff has a choice to start the matter in arbitration or mediation.  So which one do you choose?

    If you decide to go to arbitration, your case will be assigned to an arbitrator in Tallahassee.  The arbitrator will read the briefs, hold hearings and ultimately enter an order.  Someone will win and someone will lose.  The loser will pay the winner’s attorney’s fees.  The loser can then file in court for a trial de novo.  In effect, it’s an appeal of the arbitrator’s order and the case starts all over again.  The winner of the trial de novo gets their attorney’s fees and costs from the loser, including the arbitration fees.

    So….the risk in going to arbitration is that if you lose, you may wind up not only paying your lawyer, but the other side’s lawyer too.

    The alternative is to mediate the dispute.  I have been certified since 2007 as a Circuit Court mediator.  I truly enjoy mediating cases and helping the parties resolve their disputes.  At mediation, the parties appear with their attorneys.  The mediator explains that today is a good day to settle the case on mutually agreeable terms, rather than leave your fate up to a judge or jury.  If an agreement is reached, it is enforceable in a court of law.  The mediator allows the parties to make opening statements, then separates the parties and goes back and forth trying to achieve a settlement.

    There is very little risk in going to mediation.  There is no “winner” or “loser” at mediation, so neither party has to worry about paying the other side’s attorney’s fees.  The parties split the cost of the mediator.

    When I act as a mediator, I explain to the parties that neither side will get everything they want today, and that if at the end of the day both parties feel a little miserable, I probably achieved a fair result.

     

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    HOW DO YOU PROTECT YOUR RIGHT TO VOTE IF YOU LIVE OUT OF THE STATE OR COUNTRY? By Eric Glazer, Esq.

    HOW DO YOU PROTECT YOUR RIGHT TO VOTE IF YOU LIVE OUT OF THE STATE OR COUNTRY? By Eric Glazer, Esq.

    • Posted: Mar 01, 2021
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    LOTS OF COMPLAINTS THIS YEAR ABOUT PEOPLE NOT GETTING THE CHANCE TO VOTE BECAUSE THE MAIL IS SLOW. HOW DO YOU PROTECT YOUR RIGHT TO VOTE IF YOU LIVE OUT OF THE STATE OR COUNTRY?

    By Eric Glazer, Esq.

    This year I am hearing the following complaint more than ever before: I live out of the state, or out of the country and I never received a ballot to vote in the election.

    A little over a year ago I was involved in a case where many owners who lived in Finland did not get their ballots timely.  Instead of having their vote not count, someone who lived in the condominium e-mailed them the ballot.  These owners then took that ballot, placed it in a ballot envelope, placed that ballot envelope in another envelope and signed the exterior, and mailed it back to the association usually by overnight mail.  Some owners didn’t bother to use the interior ballot envelope.

    The association didn’t want to count these votes.  The association also didn’t want to count the votes of owners who had their ballot envelopes dropped off by a neighbor, claiming that this was voting by proxy.

    Read the attached opinion to find out how the arbitrator ruled.  It makes for interesting reading.  The bottom line…….if you’re out of town…..have the ballot e-mailed to you.

    To read the case, click here.

     

    About HOA & Condo Blog

    Eric Glazer graduated from the University of Miami School of Law in 1992 after receiving a B.A. from NYU. He has practiced community association law for more than 2

    decades and is the owner of Glazer and Sachs, P.A. a seven attorney law firm with offices in Fort Lauderdale and Orlando and satellite offices in Naples, Fort Myers and Tampa.

    Since 2009, Eric has been the host of Condo Craze and HOAs, a weekly one hour radio show that airs at noon each Sunday on 850 WFTL.

    See: www.condocrazeandhoas.com

    He is the first attorney in the State of Florida that designed a course that certifies condominium residents as eligible to serve on a condominium Board of Directors and has now certified more than 10,000 Floridians all across the state. He is certified as a Circuit Court Mediator by The Florida Supreme Court and has mediated dozens of disputes between associations and unit owners. Eric also devotes significant time to advancing legislation in the best interest of Florida community association members.

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    WHEN THE PRESIDENT THINKS THEY’RE THE KING  By Eric Glazer, Esq.

    WHEN THE PRESIDENT THINKS THEY’RE THE KING By Eric Glazer, Esq.

    • Posted: Nov 30, 2020
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    WHEN THE PRESIDENT THINKS THEY’RE THE KING

    By Eric Glazer, Esq.

    So all this talk about the Presidency lately has got me thinking about an issue that comes up every week in my practice for the past 30 years or so. I get a call from someone on a Board of Directors. And they tell me that they have a President on the Board who is a real dictator. He or she doesn’t listen to any other board member, makes decisions on their own, signs contracts, sets policy, hires and fires people — all without input from the other board members. Again – I get calls like this once a week at least.

    So does the president of a board have any power above and beyond other board members, or are they simply on par with the other board members?

    Well……….let’s look at some arbitration decisions……(A single director has no power to act in a representative capacity for the corporation on matters for which a vote of the directors is required.); June Katchen and Lawrence Katchen v. Braemer Isle Condominium Association, Inc., Arb. Case No. 98-5485, Final Order (August 5, 1999) (Association president, acting alone, did not have the authority to act for the board and bind the association).

    In point of fact, an association president has no greater authority than any other member of the board. See Aldrich v. Tahitian Gardens Condominium Association, Inc., Arb. Case No. 96-0472, Summary Final Order (May 22, 1997). The president has no power to take action on behalf of the association in the absence of a specific order or resolution of a majority of the board.

    Your bylaws may allow the President to chair the meetings and sign contracts that have already been approved by the board, but that’s about it.

    So while it’s clear that a president has no greater authority than any other director, suppose that president doesn’t stop acting like a dictator? What should the board do? Well remember, the officers of the Board serve at the pleasure of the Board of Directors. The Board always has the right to call a new Board meeting / organizational meeting — and remove that person as President. No big deal. But even if they remove that person as president – that person still remains as a member of the board. The unit owners can have a recall and remove that person completely from the Board – but the Directors can very easily remove that person from the President’s spot — and then hopefully – problem solved.

    I have to say that I’m still surprised by some of these calls and how one person can sometimes bully a whole board or even a whole community. Why don’t people fight back with simply removing that person from the Presidency?

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    THERE ARE THINGS TO STILL BE THANKFUL FOR  By Eric Glazer, Esq.

    THERE ARE THINGS TO STILL BE THANKFUL FOR By Eric Glazer, Esq.

    • Posted: Nov 23, 2020
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    THERE ARE THINGS TO STILL BE THANKFUL FOR

    By Eric Glazer, Esq.

    I wrote this blog last year.  I’m using it again because for many of us, and perhaps almost all of us, we are in the middle of the most difficult year of our lives. Nobody could have predicted the disaster that has been 2020 on a world-wide scale.  So –I’m running the column again, hoping to challenge all of us into thinking about the positives that still remain in our lives and I’m hoping that your words of inspiration help inspire and cheer up all of us.

     

    In three days from now we are supposed to sit around the table stuffing turkey down our throats while reflecting on all the things we should be thankful for.  The easy ones are family and good health.  Some might also be thankful for a new job, new car, new spouse or even new body part(s).  How many of you however would be thankful for the community and home you live in?

    Week after week, throughout the year, many of you write in complaining that there isn’t much to be thankful for in your community.  While you may be sincere in your belief you’re your community is worse than North Korea and that your association should be named after Alcatraz, I also believe that if given enough time to think about it and come up with an answer, you can come up with at least one thing to be thankful for about the community you live in.

    So, in the spirit of the Thanksgiving holiday, I am politely asking you to dig down, way down.  Keep going.  A little more…….and find something to be thankful for in your community.  Perhaps you’re only thankful that someone other than yourself is crazy enough to serve on your Board.  Maybe you’re thankful for a wonderful neighbor you have.  Perhaps you’re thankful about the wonderful amenities your association has to offer, like the clubhouse and the swimming pool.  Maybe, just maybe you’re thankful for the good work your Board is doing.

    Today, you must come up with something nice to say.  It’s easy to participate when the topic allows you to attack.  Today, I’m asking you to work harder and say a few nice words about your community, your neighbors or dare I say it…….your Board.

    To all of our wonderful blog readers and your families, I wish you a happy and healthy Thanksgiving holiday.  Now….Be nice.

     

    Glazer & Sachs, P.A.

    Florida Homeowners’ Association and Condominium Law Attorneys

     

    Thank you for your interest in Glazer and Sachs, P.A.  Our six attorney firm exclusively practices community association law.  Visit our website located at www.condo-laws.com and be sure to click on our “Legal Beat” newsletter where you can read our association law newsletters that we have been publishing for the past two decades.  While there, you can also learn more about the firm’s attorneys, see some of our TV appearances and read articles from around the country wherein attorneys at this firm have been asked to comment about association legal issues.

     

     

     

     

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