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

GET BOARD CERTIFIED AT THE CONDO AND HOA EXPO

GET BOARD CERTIFIED AT THE CONDO AND HOA EXPO

  • Posted: Apr 15, 2022
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GET BOARD CERTIFIED AT THE CONDO AND HOA EXPO

LUNCH IS PROVIDED FOR FREE!

 

APRIL 19TH, 2022 AT 9:00 A.M. AT THE SIGNATURE GRAND IN BROWARD.
CLICK PICTURE TO REGISTER
APRIL 21ST, 2022 AT 9:00 A.M. AT THE TAMPA CONVENTION CENTER
CLICK PICTURE TO REGISTER
COME MEET OVER A HUNDRED CONDOMINIUM AND HOA VENDORS AND TAKE CONDO AND HOA EDUCATIONAL CLASSES ALL DAY LONG
WE HAVE CERTIFIED OVER 20,000 FLORIDIANS ALL ACROSS THE STATE. LEARN ALL ABOUT CERTIFICATION, THE AS AMENDED FROM TIME TO TIME LANGUAGE, ALL THE LAWS EFFECTIVE JULY 1ST, BUDGETS, RESERVES, FLORIDA’S NEW EMOTIONAL SUPPORT ANIMAL LAWS, MANAGER DO’S AND DON’TS, SCREENING AND APPROVING, ACCESS TO RECORDS, ALL THE LAWS WE CAN EXPECT THIS UPCOMING LEGISLATION AND MUCH MUCH MORE.
TO REGISTER:
CLICK ON ANY OF THE ABOVE PICTURES
OR CALL OUR OFFICE AT: 954-983-1112
We received a lot of submissions for our $10K Extreme Shoreline Makeover giveaway and we are thrilled to announce our winner…

We received a lot of submissions for our $10K Extreme Shoreline Makeover giveaway and we are thrilled to announce our winner…

  • Posted: Apr 14, 2022
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We received a lot of submissions for our $10K Extreme Shoreline Makeover giveaway and we are thrilled to announce our winner…

Congratulations to Southshore Falls HOA (West FL)!

The community is excited to restore their eroded shoreline with a Sox Erosion Solutions System! Stay tuned over the next few months to see the transformation…

 

If your community is having problems with your Lake, contact SOLitude today

Learn about what happened during the 2022 Legislative Session and to discuss some of the bills that did not pass

Learn about what happened during the 2022 Legislative Session and to discuss some of the bills that did not pass

  • Posted: Apr 14, 2022
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The 2022 Legislative Session in Florida concluded on March 11, 2022. Join Becker’s Kenneth S. Direktor, Yeline Goin, and Steven H. Mezer on Wednesday, April 20 at 1:00 PM EST to learn about what happened during the 2022 Legislative Session and to discuss some of the bills that did not pass (which will likely be re-filed next year) and those that did pass.

including:
• CS/SB 1380 regarding the Marketable Record Title Act (MRTA). CS/SB 1380 also includes a section regarding the motor vehicle parking on private property
• CS/SB 438 regarding flags in community associations
• CS/SB 518 regarding tree removal and tree trimming
• CS/SB 898 regarding tenant safety
• CS/HB 1571 regarding protesting
• CS/CS/CS/HB 967 regarding exemption from ordinances for golf course irrigation and fertilization
This program is not eligible for CEU credit or certificate of completion. ________________________________________
This is going to be presented on Zoom! Full live viewing instructions will be sent to all registrants.

REGISTER NOW:

 

Insurance MarketPlace Resources – We offer business insurance for all classes and sizes of business.

Insurance MarketPlace Resources – We offer business insurance for all classes and sizes of business.

  • Posted: Apr 13, 2022
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Insurance MarketPlace Resources

  • We offer business insurance for all classes and sizes of business.

561-338-7452

Whether your business is large or small, we look at your insurance protection the same way!

 

We are a commercial insurance brokerage organization and have access to different insurance companies that offer a wide-range of products, services, and pricing.

We provide superior customer service, risk management and beyond! We take pride in what we do and represent various highly rated national and international insurance companies, allowing us to efficiently compare rates and coverage to ensure our clients receive the quality protection they deserve.

 

Commercial Insurance Agent
Elena Peredkova
elena@mprfintra.com
561-338-7452
Insurance MarketPlace Resources
https://insurancemarketplaceresources.com

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Are you looking for a way to keep your roof clean and looking new? by Anne Dondero

Are you looking for a way to keep your roof clean and looking new? by Anne Dondero

  • Posted: Apr 13, 2022
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Are you looking for a way to keep your roof clean and looking new?

We have a green Eco friendly solution that eliminates chlorine/bleach, harsh chemicals, pressure cleaning or soft wash ever again.

With a light spray every couple of years algae will not grow guaranteed.

Call today 800-673-1136 for more information!

https://spotlessroofsolutions.com/

Members of SFPMA

 

Anne Dondero / President of Spotless Roof Solutions

 

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Katzman Chandler – FLORIDA COMMUNITY ASSOCIATION ATTORNEYS

Katzman Chandler – FLORIDA COMMUNITY ASSOCIATION ATTORNEYS

  • Posted: Apr 13, 2022
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Katzman Chandler

FLORIDA COMMUNITY ASSOCIATION ATTORNEYS

 

 

Katzman Chandler is a Full Service Florida Law Firm proudly devoted to all aspects of Community Association representation. Serving hundreds of the finest common interest ownership communities throughout Florida, we are truly “Committed to Community,” & therefore, specifically choose not to represent Developers, Banks, Insurance Companies or other entities whose interests may be adverse to those of our Community Association clientele.

 

Our transactional legal services for Associations involve a combination of several specialty areas including, but not limited to, Real Property Law, Corporate Law, Litigation, Contract Law, and Insurance. Whether we are reviewing your contracts, amending your documents, rendering a bank loan opinion or enforcing your Community’s covenants against violators; our goal remains the same – to deliver information, counsel and answers in an easy to understand format with personalized service and attention to detail that you can rely on time and again.

If your Community has a question, our Transactional Department has your answer. Come and see for yourself why our Transactional Team is committed to providing your Community and its Board of Directors with the advice and guidance it needs to operate safely within the confines of your governing documents and applicable provisions of Florida Statutes governing your Community.

 

OUR PRACTICE AREAS

Does Low Tide make your Dock Unusable? International Subsea Services can improve the depth of canals, slips and channels 

Does Low Tide make your Dock Unusable? International Subsea Services can improve the depth of canals, slips and channels 

  • Posted: Apr 11, 2022
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Does Low Tide make your Dock Unusable? International Subsea Services can improve the depth of canals, slips and channels. Using a process of Micro dredging and Hydraulic dredging.

Schedule a free consultation today! https://bit.ly/3BqwCui

 

Full service dredging contractor, offering maintenance dredging services for lakes, ponds, canals, rivers, inlets, and other waterways.

Schedule a free consultation today! https://bit.ly/3BqwCui

BOARD MEMBER to BOARD MEMBER EMAILS: ARE THEY OFFICIAL RECORDS?

BOARD MEMBER to BOARD MEMBER EMAILS: ARE THEY OFFICIAL RECORDS?

  • Posted: Apr 08, 2022
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BOARD MEMBER to BOARD MEMBER EMAILS: ARE THEY OFFICIAL RECORDS?

On January 6, 2022, the Department of Business and Professional Regulation (DBPR), through the Division of Florida Condominiums, Timeshares, and Mobile Homes (Division), entered a Final Order Granting Petition for Declaratory Statement in the matter of In re: Petition for Declaratory Statement, James Hanseman, Petitioner (the Hanesman Declaratory Statement). In this Final Order, the Division Director (Chevonne Christian) stated that all board member to board member emails are official records of the association. Unfortunately, this Order was entered i) without regard to who owns the device from which the email was sent;

ii) without regard to whether the manager was included in the email chain; iii) without regard to whether the email was sent to a minority or majority of board members; and iv) without regard to the board members’ constitutional right of privacy. The decision does not consider the sacrosanct requirement that a quorum of board members is needed to conduct business. If a board member can enter into a conversation with a minority of the board without triggering a required meeting notice, then a board member should also be able to communicate, by any means, with a minority of the board, including email, without it rising to the level of being considered an official record of the association. However, given the scope of the Order, this will likely require an act of the Florida legislature to accomplish.

In general, a petition for declaratory statement may be used to resolve questions or doubts as to how the statutes, rules, or orders may apply to the petitioner’s particular circumstances. These statements are only binding upon the parties who join in the proceeding. The Division issues “declaratory statements” when requested by parties who are unclear about the applicability of portions of the Condominium Act, Chapter 718, Florida Statutes. Declaratory statements are formal written positions taken by the Division on the laws and rules the Division is authorized to enforce and interpret. Importantly, with regard to the Hanesman Declaratory Statement’s precedential value, it has none whatsoever. It only applies to the parties named in the Hanesman Declaratory Statement, which includes the petitioner, Mr. Hanseman, and the Wildewood Springs II-B Condominium Association Inc. This decision is merely persuasive authority, at best. In fact, the Division does not even have to follow their own written precedent. Yet, it is predictive as to how the Division will rule should a similar fact pattern be presented. So, beware!

The Hanesman Declaratory Statement could stand for the broader proposition that all director emails are official records of the association, or perhaps it stands for the narrower proposition that board member emails are not automatically excluded as an official association record merely because the emails were sent from a director’s private email address and privately owned computer. Time will tell, I hope. In the meantime, applying its broadest interpretation means that the Division has now opined that all director-to-director emails are official records. This broad interpretation means such emails must be produced in response to a member’s official records request, unless later excluded from production due to matters of privilege. This broad interpretation also means that for all requests to inspect the official records of the association, directors will have to search their own hard drives and provide copies to the manager or whoever is coordinating the inspection. If this broad interpretation is to be applied, it is yet another burdensome requirement for board members and could be viewed as an extreme overreach of a governmental administrative agency. In light of this possible interpretation and obligation to turn over board member to board member emails, who will want to serve on the board, now?

Let us examine the history of this important topic. On March 6, 2002, Sue Richardson, the Chief Assistant General Counsel of the DBPR, issued an opinion which provided that “[c]ondominium owners do have the right to inspect email correspondences between the board of directors and the property manager as long as the correspondence is related to the operation of the association and does not fall within the…statutorily protected exceptions…[The DBPR does not have] regulations expressly requiring archiving emails, but…if the email correspondence relates to the operation of the association property, it is required to be maintained by the association, whether on paper or electronically, under chapter 718, Florida Statutes.”

In Humphrey v. Carriage Park Condominium Association Inc. Arb. Case No. 2008-04-0230 (Final Order, March 30, 2009), the arbitrator of the Division ordered that

“…emails…existing…on the personal computers of individual directors…are not official records of the association…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 a written communication to the association.”

The arbitrator reasoned that “[t]his must be so because there is no obligation to turn on [the] personal computer with any regularity, or to open and read emails before deleting them.”

Then, on July 1, 2014, the Florida Legislature amended s. 718.112(2)(c) to provide that board members may communicate via email. Just because the legislature clarified that directors may do so does not mean that such email communications should automatically be considered official records of the association. Board members are not publicly elected officials. Yet, the Division’s recent Hanseman Declaratory Statement creates a basis to conclude that the Division desires to hold a director’s email communications to the same standards.

A condominium association is a privately owned entity whose members elect representatives to effectuate the orderly operations of the association. Serving as a board member of a condominium association is not at all akin to holding public office, and in our opinion, board members should not be held to the same standard as that of elected officials. The last thing a community association board member needs is to be micromanaged by one or more cantankerous owners and the vocal minority.

In the Hanesman Declaratory Statement, Ms. Christian takes the position that because §718.111(12)(a), Fla. Stat., provides, in relevant part, that the “official records of the association” include “all of the written records of the association not specifically included in the foregoing which are related to the operation of the association,”

that nothing exempts records when created or transmitted with a board member owned device rather than association owned device.

She then applied what she referred to as the plain meaning of the term “writing,” referring to the definition of the term from Black’s Law Dictionary (11th ED. 2019), which provided “emails constitute a form of writing.”

In fact, had the Florida Legislature intended for emails from one board member to another to be considered official records subject to inspection, then when it amended Chapter 718.112, eff. July 1, 2018, to provide that “members of the board of administration may use email as a means of communication but may not cast a vote on an association matter via email,” the legislature could have clarified that such emails were considered a part of the official records. Obviously, the legislature did not do so. This can only mean that the legislature had no intent whatsoever for a director’s email sent from their personal computer to a minority of other board members to be considered an official record.

What is the end game of the Hanesman Declaratory Statement? The implications are far-reaching, indeed. Does this mean that text messages must be disclosed? What about communications on messaging apps such as WhatsApp and Signal? If not, why not? The logic is arguably the same. What about conversations held with a board member outside of a meeting—must the board member make a disclosure he or she had such conversation at the next noticed meeting? Where does it end?

It is rather common knowledge that there is already a mechanism in the law to acquire documents of every kind. It is called a “subpoena duces tecum” and is used in active litigation to compel production of documents. In this author’s opinion, that is the only circumstance in which a board member’s private emails must be produced, unless and until the Florida Legislature or an appellate court squarely addresses this issue.

As the phrase goes, “one step forward and two steps back.” In other words, while a board member can use email to communicate with a fellow board member, it may come with the steep price of later required disclosure. So, if you want to avoid email disclosure, you may want to consider using a phone to discuss matters. If you want to play it really safe, then be sure to only chat to a minority of board members, too. Until there is an appellate court decision or statutory law that squarely addresses email disclosure, please be sure to discuss these matters with your association’s attorney. In the meantime, perhaps consider using dedicated association-hosted email addresses for association-related emails.

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SO WHO CAN BE AN OFFICER OR DIRECTOR IN YOUR COMMUNITY?

SO WHO CAN BE AN OFFICER OR DIRECTOR IN YOUR COMMUNITY?

  • Posted: Apr 08, 2022
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SO WHO CAN BE AN OFFICER OR DIRECTOR IN YOUR COMMUNITY?

When reading the Florida statutes in regards to meetings and elections you will find that the word “MEMBERS” can be found everywhere in the provisions regulating meetings and elections. It even says that the annual meeting has to be a membership meeting, meaning that you have to be a MEMBER (deeded owner) to participate. The association even has the right to ask anybody who is not a member to leave the meeting. I have seen it done in various associations.

It’s a little different with officers, since the statutes are silent on the matter, but it seems to me that it would be pretty ridiculous to make a non-member “president of the board” – a person that doesn’t even have voting rights or could even get kicked out of the meeting since he/she is not a member.

I honestly don’t understand the reasoning behind making a non-member an officer. Don’t forget, a board (including the president) has far-reaching powers and could actually ruin the personal finances of all association members by making wrong decisions.

It really leaves the question: Why making a person “PRESIDENT” who has no financial interests in the association and would not even be affected by “stupid” decisions made by the board?

Even if laws and by-laws allow non-members to be an officer, it’s in my opinion a pretty stupid decision by the board to make a non-member the “PRESIDENT”.