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SFPMA Industry Articles | news, legal updates, events & education! 

Find Blog Articles for Florida’s Condo, HOA and the Management Industry. 

Take part in our Industry Expos presented by L&L Management, SFPMA – Our members take part in these to show our industry the top companies ready to help with everything from Business to Services for your buildings and communities.

Take part in our Industry Expos presented by L&L Management, SFPMA – Our members take part in these to show our industry the top companies ready to help with everything from Business to Services for your buildings and communities.

Networking and Education is key for Managers, Board Members in Condo and HOA’s 

Take part in our Industry Expos presented by L&L Management, SFPMA – Our members take part in these to show our industry the top companies ready to help with everything from Business to Services for your buildings and communities.


APRIL 4TH, 2023 AT 8:30 A.M. AT THE
SIGNATURE GRAND – BROWARD COUNTY.


Palm Beach Condo & HOA Expo
APRIL 11TH, 2023 AT 8:30 A.M.
AT THE PALM BEACH CONVENTION CENTER.


Orlando Condo & HOA Expo
APRIL 26TH, 2023 AT 8:30 A.M.
AT THE ORLANDO CONVENTION CENTER


Tampa Bay Condo & HOA Expo
APRIL 27TH, 2023 AT 8:30 A.M.
AT THE TAMPA BAY CONVENTION CENTER.

EVENTS: BOARD MEMBERS & MANAGERS FIND COURSES ALL OVER FLORIDA.


Ft. Lauderdale city officials are expected to approve raising sea walls by just over a foot to meet a county mandate. by SRI Consultants, Inc.

Ft. Lauderdale city officials are expected to approve raising sea walls by just over a foot to meet a county mandate. by SRI Consultants, Inc.

Tonight’s the night! Ft. Lauderdale city officials are expected to approve raising sea walls by just over a foot to meet a county mandate.

The move will mean dilapidated sea walls will have to be replaced, and new ones will be required to be at least 5 feet high to help protect against future tidal flooding.

 


SRI Consultants, Inc.

Was established to fulfill the unique needs of structures in coastal areas such as South Florida. The team’s rare combination of expertise in Civil/Structural Engineering and Corrosion Engineering makes SRI unique in providing concrete rehabilitation/protection services related to condominiums and other near-sea structures. SRI also provides Concrete Diagnostic testing (Ground Penetrating Radar, monitoring corrosion of reinforcing steel in concrete structures) to its clients or other engineering firms.

 

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What’s in your walls? Floors? Ceilings?  Do you know? by James Terry of GreenTeam | Building Services

What’s in your walls? Floors? Ceilings? Do you know? by James Terry of GreenTeam | Building Services

What’s in your walls? Floors? Ceilings?

Do you know? Or do you think you know?

I call this lack of systems knowledge. Here’s why it’s important.

Every piece of your building is made up of systems. Each system has pathways and pipes that make that system whole. I love when people generalize the term “plumbing”, when there are really multiple facets of systems that make up the plumbing.

There are domestic water systems, storm water systems, sanitary systems, etc.

Now, with that said, are you waiting until you have a major problem with your system to
Look at it? Like a don’t ask, don’t tell type of scenario?

Problem is, these systems almost always find themselves in peculiar locations, level 5 finished walls, columns with marble on them, walls with expensive finishes etc. Like when the kitchen of the tower club is located above the law offices really fancy conference room. (More on that story later).

The design of these systems is like the veins in your body, they hide discretely under the surface of your skin, and as long as everything is running smooth, no reason to investigate or research right?

Wrong.

Each one of these systems has a life expectancy for failure, and the longer the life, the higher the risk. When you wait till the system is failed, it usually always ends up
Costing more in the end.

For this condo in Fort Lauderdale, they unfortunately deferred maintenance, waited until it was too late, and the entire system needed to be replaced, as an emergency.

Had a thorough camera work up and report been done 5 years ago, they could of budgeted for this, and been more prepared.

As the story goes, just because you can’t see it, doesn’t mean it isn’t there. Underground utilities are a part of your buildings critical infrastructure, you must prioritize it, or it will bite you in the ____.


GreenTeam Service Corporation specializes in commercial plumbing service and retrofit. Our markets served include Healthcare, Hospitality, Class A Office, Industrial, education, and institutional.. Our relentless communication, and dedication to customer service, is what keeps us ahead of the competition. Our focus is solely on service, and providing our clients with the professionalism they deserve.
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Hurricane Season is almost here! – Have you had your storm drains inspected yet?

Hurricane Season is almost here! – Have you had your storm drains inspected yet?

  • Posted: Mar 22, 2023
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Hurricane Season is almost here!
Hurricane season runs from:
June 1, 2022 through November 30, 2022
Have you had your storm drains inspected yet?
During a hurricane or tropical storm, it’s common for an area to experience several inches of rainfall and catastrophic wind over a very short timeframe. All of that excess debris and sediment from a hurricane can cause blockages in our stormwater systems, hindering them from operating properly.
Hurricanes are uncontrollable, but what we can control is taking the proper precautions and steps to make sure our stormwater systems are ready for the upcoming season!
Contact us today at 954-382-9766 or info@allstatemanagement.com to talk to one of our Stormwater Specialists!

 

Tips to Help You Choose the Best Plumber

Tips to Help You Choose the Best Plumber

  • Posted: Mar 21, 2023
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Choosing a contractor can be difficult with all the options available.

Here’s how to pick the best plumber for your needs


1. Know What You Need

You will meet two categories of plumbers during your search for a plumber. The first category is that of plumbers who can do installations, while the second category includes plumbers who do repairs. Your choice of a plumber will depend on your plumbing job. Plumbers in these categories are also classified into three groups: master plumber, journeyman, and apprentice.

Apprentice plumbers are still in training and will often work alongside a qualified or more experienced plumber. Once the apprentice plumber completes the training and gets a license, they become journeyman plumbers.

Journeyman plumbers can do plumbing repairs or installations but typically work for other plumbers. After the journeyman plumber has been in operation for many years, they will become a master plumber.

2. Check Insurance, License, and Qualifications.

Insurance and proper license offer protection during the plumbing project. Consequently, only hire a plumber who can show a valid license and an applicable insurance cover. Examine the provided insurance certificate and contact the insurance provider to verify the insurance policy. As for the licensing certificate, check your state’s website to confirm the license’s validity.

Similarly, a qualified plumber will be a member of trade associations and plumbing groups. Members of trade associations must meet specific standards of competence and safety. Thus, a qualified plumber will display the logos or links of the associations they are a member of.

3. Look at Their References

A plumber or plumbing company that has operated for several years will have a long list of references. Avoid a plumber who is not transparent with information about references. Instead, consider a plumber who readily provides testimonials and reviews from their previous clients.

For the plumbers who provide references, contact the people on the list to know about the plumber’s workmanship and service.

4. Choose a Local Plumber

Always prioritize a contractor who works and lives in your local area. If you hire a contractor living in another city or state, you won’t benefit from quick services in case of an emergency. On the other hand, a nearby plumber can quickly respond whenever you need instant help.

5. Assess the Cost

The plumber’s charges will vary from one location to another. The cost will also depend on the type and duration of the plumbing job. The lack of standardized prices means some plumbers will charge more than others for the same job. For example, more experienced and skilled plumbers often have higher rates but may do a better job.

6. Examine Their Professionalism Level

A plumber should display professionalism when dealing with clients. Professional conduct includes appropriate dress and courteous communication. Also, the plumber should be organized and display integrity at every turn. You will want to hire a plumber who responds quickly to your queries and treats you with respect.

7. Keep Track of Their Timelines

You will prefer to work with a plumber who will complete your job on time. Therefore, ask the plumber to provide details about their previously completed jobs. Pay special attention to the amount of time the plumber takes to complete their work. Plumbers who have completed jobs within the predetermined schedules will be perfect for you.

Hire a Plumber

A plumber can install or repair many fixtures and appliances in your home. Hire Pipe Restoration Solutions if you want high-quality services in the shortest time possible. We are a trusted and reliable company with an elite and experienced team. Contact us to get a quote.

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Peter Mollengarden now presenting TOMORROW at our networking group’s free breakfast and education event in Palm Beach Gardens!

Peter Mollengarden now presenting TOMORROW at our networking group’s free breakfast and education event in Palm Beach Gardens!

  • Posted: Mar 21, 2023
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Peter Mollengarden now presenting TOMORROW at our networking group’s free breakfast and education event in Palm Beach Gardens!

 

The Kaye Bender Rembaum Team Remains Available To You and Your Community Association

Visit KBRLegal.com for awesome free resources, including news with Legal Morsels and Rembaum’s Association Roundup, and our Event Calendar, including upcoming free classes.

Are your board meetings productive and efficient?

Are your board meetings productive and efficient?

  • Posted: Mar 08, 2023
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Board meetings should be productive, efficient meetings where the board conducts business. Stop and think about that for a minute. Are your meetings productive and efficient? Does the board meet to conduct business or socialize? Are you getting the most out of your meetings?

We’ve put together seven keys to a successful board meeting. Following these suggestions can bring new life to your association and keep volunteers interested in helping.

 

 

1.- Board meetings should not last more than one hour. Start the meeting when it is scheduled to begin and get straight to business. If you collectively have the focus to get done in an hour you’ll be amazed with how much you can accomplish. If you have no time limit, the meeting will typically drag on and a lot of time will be wasted.

When time is wasted at a meeting then people are less likely to volunteer because they feel their time is wasted. One hour meetings have a major impact on volunteers. Associations that hold focused, one hour meetings have more people volunteer. It’s also important to note that those volunteers stay active the in the community for much longer. Length of your board meetings may seem like a trivial matter, but it really does have a large impact on how the volunteers of the association view the organization and, in turn, how they view their role.

 

2.- Make your meetings action oriented. Don’t just discuss issues, make decisions. Every item up for discussion should end in a vote to move forward in some way or table the issue with a clear understanding of why the item is being tabled and when it will be revisited. When taking action on an item make sure it is clear who will be responsible for getting that task completed. Ambiguity cripples a board.

 

3.- Board Meetings are for the board. They are not neighborhood meetings or social gatherings. The purpose of a board meeting is to conduct business, not see how many people you can get to attend. Some board members try to get as many people to attend as possible. This is missing the point. Homeowners are, of course, welcome to attend but it is not a membership meeting. The purpose of the board meeting is for the board to consider the affairs of the association, make business decisions, and then have a clear plan of action.

 

4.- Take time prior to the meeting to think about what you want to discuss. Inform the community manager of this one week prior to the meeting. This way your topics of discussion can be placed on the agenda which will allow the other board members and the community manager the opportunity to think about and/or research the item you want to talk about. When you don’t come prepared and spring things on the other board members or on the community manager this typically results in a lot of unnecessary discussion with additional research needed in order to make any kind of decision. Remember, be action oriented. By planning ahead you can make more decisions at the meeting instead of causing an item to be discussed twice and delayed for months.

 

5.- There are an odd number of board positions for a reason. You will not always see eye to eye. Don’t take it personal if the other members of the board disagree with you. This will occur and is healthy. While each board member should attempt to come to a consensus with the other members, you will not be able to achieve this each time. Countless hours are wasted by board members continuing to argue a point just to obtain “victory” on a certain issue or to avoid any vote that is not unanimous. This occurs because someone is taking it personal. If your view is not shared on an issue, take a vote, and move on. Do not hold a grudge. Recognize that you can disagree and still work well with each other.

 

6.- If you think you may have a conflict of interest do not vote on that issue. Let’s say a board member’s spouse is on a committee. If the board is making a decision on an issue related to that committee then the board member with the spouse on that committee should excuse him/herself.

 

7.- Most associations should hold quarterly meetings (unless your bylaws require more). Meeting more often than that becomes excessive and unnecessary. Remember you want to have focused, short, productive meetings. This keeps people interested in serving on the board and on committees. If the association is constantly meeting then people feel it is taking too much of their time and they will stop volunteering. It is important to note that you are required to comply with the minimum meeting requirement in your bylaws. Most association bylaws require no more than quarterly meetings, but check yours to be sure.

 

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NAVIGATING THE TWISTS & TURNS FOR NEW BOARD MEMBERS

NAVIGATING THE TWISTS & TURNS FOR NEW BOARD MEMBERS

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

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

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

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

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

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

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

 

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

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

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

 

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

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

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

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

The President

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

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

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

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

 

The Vice-President

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

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

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

 

The Secretary

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

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

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

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

 

The Treasurer

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

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

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

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

NEXT, NOW THAT THE OFFICERS ARE DETERMINED:

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

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

 

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

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

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

Find Upcoming Events; Educate yourself and the Board Members


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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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    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!

    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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    THE FLORIDA LEGISLATURE – AFRAID TO PASS REQUIRED EDUCATION

    THE FLORIDA LEGISLATURE – AFRAID TO PASS REQUIRED EDUCATION

    THE FLORIDA LEGISLATURE – AFRAID TO PASS REQUIRED EDUCATION

    DOES THE FLORIDA LEGISLATURE WANT YOU TO REMAIN DUMB?

    By Eric Glazer, Esq.

    For those of you who are intelligent and decided to come to a Board Certification class in the last few months and learn all about the new safety and reserve laws, I applaud you.  It was my honor meeting you and teaching you all over the state.

    I love that look in your eyes and the groan that comes over the crowd when I tell you that you do not need to be here today.  You did not have to get certified by taking what I believe is both a board certification and a life safety class.  The Florida Legislature still allows Board members to get certified by signing a ridiculous form that says you have read your governing documents and you promise to enforce them.

    Are the new safety and reserve laws found in your governing documents?  Of course not.  You have to be taught them to know what you are now required to do in order that another Champlain Towers disaster never happens again.  You don’t learn these laws by staying home in your pajamas, printing a form off the computer and signing it.  When the members of your Board can get certified by signing that self-serving form, lives are at risk.

    It’s ironic that they placed language in the new laws requiring the directors to follow them or face breach of fiduciary duty charges.  So…..according to The Florida Legislature, you must apply these new laws in your condominium, you just don’t have to learn them and know what is actually required of you.

    Every legislator I have ever spoken to about a mandatory educational course in order to get Board certified is in favor of it.  Yet, it remains a mystery why in the past it has been removed from the statute.  The classes are free and are even accessible via ZOOM.  This year, there are several condominium bills floating around at the moment.  Not a single one has any mention of mandatory education for Board members.

    Back to the title “Does The Florida Legislature Want You To Remain Dumb?”  How else would you explain it?

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