Comments: Comments Off on Drones capture thousands of high-quality photos as they move in and around buildings at different altitudes.
Drones capture thousands of high-quality photos as they move in and around buildings at different altitudes.
Performing drone inspections on a consistent basis allows property managers to observe time-dependent changes such as concrete deterioration, roof wear and tear, and hurricane damage.
At SRI, our FAA-certified pilots perform drone surveys of residential and commercial properties throughout South Florida.
Drones take many videos and high-quality photos as they move in and around buildings at different altitudes. In a single mission, hundreds of data points can be captured for later use. That data provides a historical record to aid in insurance claims, maintenance and future renovations. At SRI, our FAA-certified pilots perform drone surveys of residential and commercial properties throughout South Florida. We use Catalogger image management software to easily store, search and access image and video data.
FAA-Certified Drone Pilots
All of our pilots have passed the FAA’s Small UAS Rule (Part 107) examination and maintain their flying credentials by passing recurrent examinations every two years.
Image Management with Catalogger
With a simple interface, Catalogger allows users to quickly access and share drone survey photos to guide maintenance, repair, and improvement projects. Image data is stored on the cloud and can be viewed on multiple devices via a password-protected portal.
Mission Planning With Recorded GPS Coordinates
Allows for repeated flights along the same path. Missions can be scheduled periodically to observe time-dependent changes such as concrete deterioration, roof wear and tear, hurricane damage, and modifications to surrounding structures.
There are strict legal requirements that a homeowners’ association’s (HOA) architectural review committee (ARC) must follow, most especially if the ARC intends to deny an owner’s request. As this author has witnessed countless times, it is likely that many ARCs do not conduct their activities in conformity with Florida law such that an ARC denial may not withstand judicial scrutiny. If these legal requirements are not followed, and the ARC denies the owner’s architectural request, then it would be quite easy for the owner to challenge the ARC’s decision and prevail. Upon prevailing, the owner would be entitled to their prevailing party attorney’s fees and costs, as well. It is so easy to avoid this outcome, yet so few associations take the time to do it right.
Pursuant to §720.303(2), Florida Statutes, a meeting of the ARC is required to be open and noticed in the same manner as a meeting of the association’s board of directors. Notice of the ARC meeting must be posted in a conspicuous place in the community at least 48 hours in advance of the meeting, and the meeting must be open for all members to attend. Further, pursuant to §720.303(2)(c)(3), Florida Statutes, members of the ARC are not permitted to vote by proxy or secret ballot. Also, bare bone minutes should be taken to create a record of ARC decisions—especially denials.
We often hear from many HOAs that the ARC does not meet openly and does not notice their meetings. This leaves decisions made by the ARC vulnerable to challenge. If the ARC denies an application but fails to do so at a properly noticed board meeting, the owner can challenge the denial, claiming that it is not valid because the ARC did not follow proper procedure. In such cases, the ARC’s denial of an application is not valid because the ARC failed to comply with the procedural requirements for the meeting even if an application violates the declaration or other association-adopted architectural standards. However, by complying with the provisions of Chapter 720, Florida Statutes, your HOA can work to avoid this debacle.
Published Standards
Often a top priority for an HOA is ensuring that homes in the community maintain a harmonious architectural scheme in conformity with community standards and guidelines, and because the ARC is at the frontline of owners’ alterations and improvements to their homes, it is instrumental in ensuring that the community standards and guidelines are met. Pursuant to §720.3035(1), Florida Statutes, an HOA, or the ARC, “has the authority to review and approve plans and specifications only to the extent that the authority is specifically stated or reasonably inferred as to location, size, type, or appearance in the declaration or other published guidelines and standards.” But not every owner request is typically addressed in the declaration or other published guidelines and standards. If not, then the association may not be in a good position for proper denial. Therefore, the ARC is only as effective as the objective guidelines and standards (set forth in the declaration and other published guidelines and standards) are inclusive. So, what is the association to do when the ARC receives an owner’s application for an alteration to the home, but the association does not have any architectural guidelines or standards regulating the requested alteration?
While not court tested yet, a possible solution for this conundrum is to include a “catch-all” provision in the declaration to proactively address those ARC applications where a member may request a modification that is not directly addressed by the governing documents. Such a “catch-all” provision stands for the proposition that, if such a request is made, then the existing state of the community is the applicable standard by which the ARC application is to be judged. For example, imagine if an owner applies to the ARC to paint the owner’s house pink. If there are no architectural guidelines or standards that address what color a house must be, and there are no pink houses in the community, then the existing state of the community may provide a lawful basis for the ARC to deny the request because there are no existing pink houses in the community.
The Trouble With Self-Help Provisions
What if an owner refuses to maintain the owner’s property, such as pressure washing a dirty roof, despite the HOA sending demand letters, levying a fine, and perhaps even suspending the owner’s right to use the HOA’s recreational facilities? What is the HOA’s next step? Is it time to file a lawsuit to compel compliance? Well, Chapter 718 (governing condominiums), Chapter 719 (governing cooperatives), and Chapter 720 (governing HOAs) of the Florida Statutes authorize the association to bring an action at law or in equity to enforce the provisions of the declaration against the owner. Additionally, many declarations contain “self-help” language that authorizes the association to cure a violation on behalf of the owner and even, at times, assess the owner for the costs of doing so. These “self-help” provisions generally contain permissive language, meaning the association, may, but is not obligated to, cure the violation. Sadly, in this instance the word “may” means “shall,” and to find out why, read on.
There is a general legal principal that, if a claimant has a remedy at law (e.g., the ability to recover money damages under a contract), then it lacks the legal basis to pursue a remedy in equity (e.g., an action for injunctive relief). Remember, too, that an association’s declaration is a contract. In the context of an association, the legal remedy would be exercising the “self-help” authority granted in the declaration. An equitable remedy would be bringing an action seeking an injunction to compel an owner to take action to comply with the declaration. Generally, a court will only award an equitable remedy when the legal remedy is unavailable, insufficient, or inadequate.
Assume that the association’s declaration contains both the permissive “self-help” remedy and the right to seek an injunction from the court. Accordingly, it would appear the association has a decision to make—go to court to seek the injunction or enter onto the owner’s property, cure the violation, and assess the costs of same to the owner. However, recent Florida case law affirmed a complication to what should be a simple decision. In two cases decided ten years apart, Alorda v. Sutton Place Homeowners Association, Inc., 82 So.3d 1077 (Fla. 2nd DCA 2012) and Mauriello v. Property Owners Association of Lake Parker Estates, Inc., 337 So.3d 484 (Fla. 2nd DCA 2022), Florida’s Second District Court of Appeal decided that an association did not have the right to seek an injunction to compel an owner to comply with the declaration if the declaration provided the association the authority, but not the obligation, to engage in “self-help” to remedy the violation. Expressed simply, this is because the legal contractually based “self-help” remedy must be employed before one can rely upon equitable remedy of an injunction. Therefore, even though the declaration provided for an optional remedy of “self-help,” it must be used before seeking the equitable remedy of an injunction.
In Alorda, the owners failed to provide the association with proof of insurance required by the declaration. Although the declaration allowed the association to obtain the required insurance, the association filed a complaint against the owners seeking injunctive relief, asking the court to enter a permanent mandatory injunction requiring the owners to obtain the requested insurance. The owners successfully argued that even though they violated the declaration, the equitable remedy of an injunction was not available because the association already had an adequate legal remedy—the “self-help” option of purchasing the required insurance and assessing them for same. The Court agreed.
In Mauriello, the declaration contained similar language as in Alorda but involved the issue of the owners failing to keep their lawn and landscaping in good condition as required by the declaration. The association filed a complaint seeking a mandatory injunction ordering the owners to keep their lawn and landscaping in a neat condition. However, the facts were complicated by the sale of the home in the middle of the suit when the new owners voluntarily brought the home into compliance with the declaration. The parties continued to fight over who was entitled to prevailing party attorney’s fees with the association arguing it was entitled to same because the voluntary compliance was only obtained after the association was forced to commence legal action. The owners, citing Alorda, argued that the complaint should have been dismissed at the onset because the association sought an equitable remedy (injunction) when a legal remedy was already available—the exercise of its “self-help” authority. The Court considered the award of attorney’s fees after the dismissal of the association’s action for an injunction. Ultimately, the Court held that the owners were the prevailing party as the association could not seek the injunction because it already had an adequate remedy at law.
Accordingly, if your association’s declaration contains a “self-help” provision, and your association desires to seek an injunction against an owner rather than pursue “self-help,” the board should discuss the issue in greater detail with the association’s legal counsel prior to proceeding. Also, remember that if the association wants to enforce architectural standards, then they must be published to the membership; and always remember to notice ARC meetings and take minutes.
Comments: Comments Off on Don’t let a natural disaster catch your community off guard! Take charge and be prepared!
The coastal Northeast is experiencing a concerning trend of heating at a faster rate compared to other regions in North America. Researchers have identified a strong correlation between the accelerated warming and the rapidly increasing temperatures in the North Atlantic Ocean and increasing storm intensity. Natural disasters such as hurricanes, tornadoes and coastal flooding can strike at any moment, leaving communities devastated and in need of immediate assistance. It is crucial for communities to be prepared in order to minimize the impact of these disasters and ensure the safety of their residents.
Preparing your community for a natural disaster is crucial to minimize damage, save lives, and facilitate a swift recovery. Here are a few steps to assist with your preparation:
Assessment and Planning:
Identify the types of natural disasters that are common in your area, such as earthquakes, hurricanes, floods, wildfires, or tornadoes.
Conduct a thorough risk assessment to understand the potential impact of these disasters on infrastructure, buildings, and residents.
Collaborate with professionals to create a comprehensive disaster preparedness plan.
Make sure that the community has backed up records of their site plans, architectural and structural drawings, as this can greatly assist in the post disaster assessment and recovery process.
Initial building evaluation performed based on the severity of the storm/event:
The degree of safety & habitability of the subject building is not always obvious. If there is any doubt or question that there may be structural or building envelope damage to a building, call you Professional Engineer or Architect and have an evaluation performed.
In some instances, you may be required by your local municipality to have your professional assist with stabilizing the structure before parties can enter the structure to collect personal belonging that may remain.
Communication and Engagement:
Establish a reliable communication system to disseminate information before, during, and after a disaster. This can include email, social media, or text alerts.
Designate community leaders or volunteers responsible for communicating updates and instructions.
Contact Insurance:
It can take a while to get adjusters to scene following an event. Be sure to take before, during and after photos of any damage that occurred.
Post-Disaster Recovery:
Establish a recovery plan that includes damage assessment, debris removal, and restoration of essential services.
Plans and specifications may be required to repair or reconstruct the building, depending on severity.
Code requirements can impact the work based on if it is classified as repair vs reconstruction. This needs to be carefully reviewed and considered as insurance carriers may try to exclude some of the necessary work, so the Architect or Engineer needs to be well versed on preparing plans for this type of work.
Remember, disaster preparedness is an ongoing effort. Regularly review and update your plans based on new information, changing community demographics, and emerging technologies. By taking proactive steps, you can help your community minimize the impact of natural disasters and ensure a more resilient future.
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Comments: Comments Off on 10 Reasons to Switch to Keyless Entry
If you own or manage a building that still uses keys, you’re at a security risk. Keyless entry is a much more effective security solution, leaving your people and property much more secure. When it comes to keyless entry, you can opt for keycards or codes that employees use to gain entry. In either case, only these specific keycards or codes will open the doors that are protected. We’ve compiled the top ten reasons why switching to keyless entry will leave your building more safe and secure.
1. Traditional Keys Leave You Vulnerable
Keys are easy to duplicate and locks are easy to pick, leaving your building vulnerable to break ins, theft, property damage, and other issues. Additionally, if a key is lost or stolen, your building is at risk until you get your locks changed, which can be costly and time-consuming. Opting for keyless entry can eliminate these issues and maximize the protection for your building.
2. Access Control
One of the best parts about keyless entry is the ability to turn off a key card’s or code’s access immediately. If an employee is terminated or unexpectedly quits, you won’t have to wait for him to return a key, you can simply turn off his access. You can rest easy knowing that terminated employees will not have access to your building regardless of whether they remember to return their keys or not.
3. One Key Per Person
Often times, different parts of the building need to be accessed by different individuals. Certain employees might be granted full access, while others might only have access to one section of the building. With an access control system, every employee, regardless of her security clearance, will need only a single key card or code. You can customize each employee’s key card or code to grant access to only the parts of the building you want her to have access to. Therefore, every employee will have one key that lets her into all appropriate sections of the building.
4. Tracking Entries
With an access control system, you will get a log of who is entering the building when and from what entrance. This information is a good way to keep track of employees to have a good idea of when most people are gone and security should be heightened. If there is ever a security breach, these logs will be instrumental in conducting an investigation.
5. Losing Your Keys Simplified
If an employee loses her key, it’s no problem. You can quickly shut off access to her old key card and issue her a new one. If you opt for key codes, then there is no opportunity to lose the code. In either case, you won’t have to worry about changing locks or issuing new keys to everyone. Additionally, you’ll never have to worry about forgetting to lock up. In many cases, doors will lock automatically every time they are closed. Because you can access your access control system from a mobile device, it’s easy to check whether the doors are locked and lock them right from your mobile device when they’re not.
6. Cutting Costs
Issuing multiple keys to every employee can be expensive. Key cards are easily replaced and much less expensive. Key codes are easily changed with no additional equipment. If an employee loses a key, you’ll never have to worry about changing all of your locks. Changing the locks and issuing new keys to all employees can be extremely costly. You can avoid these costs with keyless entry.
7. Difficult to Duplicate
If your security system is entirely dependent on traditional keys, you can be very susceptible to theft. Traditional keys are very easy to duplicate. Often, someone can take a key down to the nearest hardware store to duplicate a key. Many people have the ability to duplicate keys at home as well. Key cards, on the other hand, cannot be duplicated without extremely sophisticated equipment. Therefore, using key cards instead of traditional keys will help keep your building more secure.
8. Attached to Employee IDs
If your business already requires employees to carry or wear identification, keyless entry can seamlessly integrate with these IDs. You have the ability to make these ID cards your keycards, so that employees do not have something new to carry. If your employees are already required to wear ID, they will not have anything additional to remember and you can be sure that they always have their keycard on them. Integrating keycards with employee IDs will minimize changes for your employees while keeping your property protected.
9. Integration With Security Equipment
Your keyless entry can be easily integrated with existing security measures and surveillance equipment. The doors can include alarms that go off if the door is opened at a time or by a person that it shouldn’t be. You can also set your doors to turn off security alarms when the door is opened by valid personnel. Your cameras can be set up to closely follow movement of anyone entering the building after hours. Integrated keyless entry with your existing security measures will greatly improve the overall security of your building.
10. Simple Installation
One of the best parts about keyless entry is the fact that it does not require significant additional equipment. A simple attachment is added to your existing door. This attachment is what will be swiped or tapped by the key card, or will include numbers that employees will punch in for their codes. The technology of the system operates remotely and therefore does not require additional equipment. It can operate on your existing devices. Keyless entry will not add new equipment to your building and will be simple to install.
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Comments: Comments Off on “Video Cameras—for Surveillance Purposes Only” by Kevin L. Edwards of Becker Lawyers
“Video Cameras—for Surveillance Purposes Only”
Many associations have installed video surveillance cameras within the community common areas as a means to provide security for their residents. However, good intentions often lead to unanticipated consequences. In fact the use of video cameras may expose an association to liability.
Generally, an association is not a guarantor or insurer of any person’s safety and is not obligated to provide “security” to its residents. However, once an association assumes a duty to provide security, it must do so in a non-negligent manner. This may very well be the case with installing “security cameras.” Florida courts have routinely held that if an association undertakes, or appears to undertake, the duty to provide security for its community, it must also take certain measures to prevent criminal activity from occurring on the premises.
For example, the court in Vazquez v. Lago Grande Homeowners Ass’n, 900 So. 2d 587 (Fla. 3d DCA 2004), ruled that the association had a duty to exercise reasonable care to guard its residents against crime or criminal activity because the association had undertaken the responsibility to provide such security. In this case the association was a gated community with a guardhouse staffed 24 hours a day. The developer marketed the complex on the basis of safety, and the association collected a specific part of its assessments to provide for security. A resident of the association moved into the community because it appeared safe and was gated. The resident had many visitors, including a former neighbor and the neighbor’s children. One day the former neighbor’s estranged husband came into the community to pick up his children and got into an argument with the resident. Thereafter, the resident instructed the association’s security guards not to let the estranged husband into the community. Despite this, the security guards allowed the estranged husband to enter the community, and he shot the resident, shot and killed his ex-wife, and killed himself. The court found that the association had breached its duty to provide security because it continued to employ the security guards despite knowing that they routinely let unauthorized individuals into the community. Therefore, the association was found liable for the death of a visitor and injury of a resident.
Thus, associations may wish to be careful not to label the video cameras as “security cameras” and instead let the owners know that the cameras are for surveillance purposes only. As previously mentioned, associations have no duty to provide security, and having “security cameras” will lead owners to believe that the association is providing security.
Regardless of whether the association uses video cameras, it is still liable for criminal conduct that is reasonably foreseeable. In Czerwinski v. Sunrise Point Condominium, 540 So. 2d 199 (Fla. 3rd DCA 1999), the court ruled that a landlord generally has no duty to ensure the safety of its tenants or to protect them from the criminal acts of third persons unless the criminal occurrence is reasonably foreseeable. The court further noted that the landlord’s knowledge of prior crimes, against both persons and property, is relevant to the issue of foreseeability, even if the prior criminal acts are lesser crimes than the one committed against the plaintiff.
Based on these cases, community associations have been held liable in tort for failure to take precautions against criminal activities committed against the owners and residents if those criminal activities are reasonably foreseeable; and in addition they have been held liable when they voluntarily provide security services but fail to provide them in a reasonable manner.
Thus, if the association is inclined to install video cameras, it must do so in a reasonably prudent manner and should make sure the cameras are always being maintained in good condition and repaired as needed.
Another issue with providing cameras in the community is whether or not the cameras record audio. Florida law (Section 934.03, FS) makes it illegal to intentionally intercept, attempt to intercept, or procure any other person to intercept any wire, electronic, or oral communication through the use of a device if one does not have the prior consent of all parties. Therefore, the association’s cameras must be limited to visual images. The process of taking and recording video is perfectly legal, and you do not need to notify the owners or post signs upon the property that the association is taking or recording video. There is no privacy issue as long as the cameras are not directed into a resident’s home or into a bathroom, shower, changing room, or other area where there is a reasonable expectation of privacy. There is no reasonable expectation of privacy for persons who use the common areas or come onto the association’s property (with the exception of bathrooms, showers, units, etc.).
Lastly, a surveillance camera’s video recordings are not part of the association’s official records. The association’s official records are limited to written records, and a video recording is not a written record. As such, video camera recordings are not open for review by the association’s membership. Moreover, an association is not legally obligated to store the recordings for any specific period of time. However, if stored for any amount of time, the association must be sure to preserve the video in case it may be used as evidence in a court proceeding. Video footage should, therefore, be made and stored in a location where it will not be tampered with or duplicated. The footage should be stored in a secure location with access limited to authorized personal. Any footage that is to be kept should be preserved in an original and unaltered version by saving it in a secure manner that is incapable of being edited.
Mr. Edwards manages the community association practice in Becker’s Sarasota office and serves as corporate counsel to hundreds of condominium, cooperative, mobile home, and homeowners’ associations located in Sarasota, Manatee, Charlotte, and Highlands Counties. Mr. Edwards is also one of only 190 attorneys statewide who is a board-certified specialist in condominium and planned development law.
In addition to his extensive experience as a community association lawyer, Mr. Edwards has trial and appellate experience in many areas of corporate and civil litigation, construction litigation, covenant enforcement, real estate, and foreclosure law.
While living in a gated community can add peace of mind for the residents who live behind the gates, there are many important considerations for the association when crafting rules and regulations regarding who may and who may not be permitted to enter the community. In today’s gated communities, there are three entry control options: (i) live personnel to monitor the gate, (ii) a virtual gate guard where the gate guard who allows guests to pass through is off-site and monitoring electronically, or (iii) a simple call box.
Many associations adopt rules which require visitors to the community to present valid identification to ensure that the visitors are authorized by the association or a resident to enter the community. But, what kind of identification can an association require? Are there limits? In the end, the association must balance its interest in ensuring that only authorized visitors enter the community with the rights of the owners and the visitors entering the community.
One question which bears analysis is, is the association permitted to “swipe” a driver license? Section 322.143, Fla. Stat. (2021), defines “swiping” a driver license as the act of passing a driver license or identification card through a device that is “capable of deciphering, in an electronically readable format, the information electronically encoded in a magnetic strip or bar code on the driver license or identification.”
Pursuant to §322.143, Fla. Stat. (2021), a private entity is not permitted to “swipe” an individual’s driver license or identification card to capture and store information contained in the magnetic strip unless the individual consents to allow this, and the association informs the individual what information will be collected and the purpose or purposes for which it will be used. However, an exception exists in that the association is allowed to “swipe” the driver license to verify the authenticity of the driver license, as long as the association is not capturing and storing the information on the magnetic strip. More specifically, §322.143(2)(a), Fla. Stat. (2021), provides, in pertinent part, the following:
(2) Except as provided in subsection (6), a private entity may not swipe an individual’s driver license or identification card, except for the following purposes:
(a) To verify the authenticity of a driver license or identification card or to verify the identity of the individual if the individual pays for a good or service with a method other than cash, returns an item, or requests a refund.
In accordance with the foregoing, an association is permitted to “swipe” a driver license but is not permitted to store, sell, or share the personal information collected from swiping the driver license. Although swiping without storing the information is permitted, this author recommends that the association fully avoid swiping the driver license. If the information was inadvertently or even temporarily stored on the device that the association used to swipe the driver license, the association would be in violation of this statute. Note that manually collecting personal information or making a photocopy or other copy of the front of the driver license is not prohibited by the statute and is a far safer practice.
Another question worth addressing is, can the association require a valid United States driver license for any drivers entering the community? Be warned, such a requirement could land the association in hot water. Although the association can likely require any driver entering the community to have a valid driver license, the association cannot require that the license be issued in the United States.
Pursuant to §322.04(1), Fla. Stat. (2021), “a nonresident who is at least 16 years of age and who has in his or her immediate possession a valid noncommercial driver license issued to the nonresident in his or her home state or country” is permitted to operate a vehicle without a Florida license. In other words, a driver with a proper license in another state or another country is legally permitted to drive in Florida as long as they have their valid noncommercial driver license in their possession. Similarly, an association should accept a valid license issued from another state or country for entry into the community.
If the above is not enough to encourage your associations to accept driver licenses from all countries and states, consider that a policy requiring a driver license issued in the United States may be considered a violation of the Fair Housing Act in that doing so may be deemed discrimination based upon national origin and may form the basis of a discrimination lawsuit based on disparate treatment or disparate impact. “Disparate treatment” is an intentional form of discrimination, whereas “disparate impact” discrimination occurs when a policy has an unintentional negative effect on members of a protected class. Thus, while this author is not aware of any such appellate decisions issued in the State of Florida, the last thing any association needs is to be the first defendant in such a Fair Housing Act lawsuit.
With regard to all rules adopted by the board of the association, rules regarding who can enter the community are only enforceable if they are within the board’s scope of authority and are reasonable for the purpose. If a rule is outside the board’s scope of authority as set out in the governing documents of the association, or if the rule represents arbitrary or capricious decision-making, such rule will not be enforceable. When adopting rules, remember the following:
The board or the body making the rule must have authority from the governing documents or statute to adopt the rule.
The rule cannot conflict with any rights afforded by documents of higher priority, whether express or implied rights.
The rule must be reasonable. Reasonableness is hard to define, but the case law provides that the rule must be rationally related to a legitimate association objective. The rule cannot be wholly arbitrary or capricious.
The rule cannot contravene any law or compelling public policies.
The rule must be adopted in a procedurally correct manner, which includes proper notice.
On a different note, remember that material alterations to the gate area may require a vote of the membership.
In regard to official records and as to homeowners associations, §720.303(5)(c), Fla. Stat. (2021), provides, in relevant part, that although part of the official records of the association, “[i]nformation an association obtains in a gated community in connection with guests’ visits to parcel owners or community residents” are not accessible to members.
As is evident from this discussion, there are many different issues to take into consideration when drafting rules governing who is permitted in your community. To ensure that your rules comply with Florida law, we recommend that the association have its counsel review any rules prior to their adoption.
Jeffrey A. Rembaum, Esq., BCS
Jeffrey Rembaum’s, Esq. legal practice consists of representation of condominium, homeowners, commercial and mobile home park associations, as well as exclusive country club communities and the developers who build them. Mr. Rembaum is a Certified Specialist in Condominium and Planned Development Law. He is the creator of “Rembaum’s Association Roundup,” an e-magazine devoted to the education of community association board members, managers, developers and anyone involved with Florida’s community associations. His column appears monthly in the Florida Community Association Journal. Every year since 2012, Mr. Rembaum has been selected to the Florida Super Lawyers list, and was also named Legal Elite by Florida Trends Magazine. He can be reached at 561-241-4462.
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Comments: Comments Off on How’s your parking lot looking? Sealcoating is a necessary treatment to extend pavement life and improve property aesthetics.
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Comments: Comments Off on Discover the Power of HOA Websites! From simplifying admin tasks to enhancing community engagement, learn why every HOA needs a website.
5 examples of HOA websites (plus important features)
Almost every company and business has a website today – and for good reason. Anyone who wants to know more about you, or the products or services you provide, is going to search for you online. A well designed, user-friendly website helps ensure prospective clients convert to long-term customers.
Now, a homeowners association isn’t exactly like a business, but there are many similarities. HOAs must keep homeowners informed, collect payments (in the form of fees or dues) and advertise the community to prospective homebuyers. These are just a few of the many reasons why HOAs are strongly encouraged to have their own community website.
How a website can help HOAs operate with fewer glitches
An HOA website acts as a secure platform for sharing and receiving essential information like news, announcements, notices, forms, governing documents, resources, directories, and more. Instead of having to ask management or the board about upcoming member meetings or request an architectural change form, owners can log on to the association’s website and immediately get everything they need from one place.
The best websites will have a secure portal or page that only members can access. This helps with information sharing while being mindful of security and privacy.
Public photos of events, amenities and the HOA can also be shared to showcase the best of your community and entice prospective buyers. It’s an affordable and effective way to advertise.
Administrative tasks, such as maintenance requests or payments, can be streamlined and automated when they are brought online. Best of all, having an online system keeps everyone more accountable. Once a payment is made or a request is submitted, proof of that action is immediately available to management and owners.
Some states have made websites mandatory for associations
In some states, websites are actually required for larger communities. In Florida, if your condo association has 150 or more units, then it must have a website that complies with specific requirements (timeshare units are excluded).
Texas just put a similar rule into effect for HOAs with at least 60 lots, or any association under contract with a management company. These HOAs must make the most current version of the association’s “dedicatory instruments” relating to the association or subdivision—and filed in the county deed records—available on an internet website. Information must be maintained by the association or management company working for the HOA; it must be made available to all members.
When it comes to maintaining a happy and efficient HOA, communication is key. User-friendly technology has given HOAs an opportunity to improve connectivity and engagement. A website is one tool that will help HOA members to stay informed and involved. Apathy can lead to a fractured and stagnant HOA; a website encourages the opposite.
Why don’t more HOAs have websites?
Websites have come a long way, and with so many DIY platforms available, it’s become much easier to make one. But some boards may still be apprehensive about having a community website, while others may be worried about the time or costs involved in maintaining it. These are valid concerns, and it is important to discuss the following points with your HOA board before you move forward with getting a website:
What problems will the website aim to solve for owners, board members and management?
Can (and should) the HOA maintain the website on its own?
How much can the association afford to spend on a website? There are hosting fees and maintenance fees to consider in addition to the initial cost of the site
Has the board spoken with an attorney about the website and what information should be gated?
What are the requirements of the association? What features would it like the website to have?
Does the state or municipality have any requirements when it comes to HOA websites?
Can the website integrate with any of our current online systems?
Is there an HOA software company that could offer more options and features?
Getting a custom website
If the budget is available, many HOAs will elect to have someone else build their website for them. It’s usually a less stressful process when there’s a professional taking care of the hard stuff. While there are dozens of exceptional web designers out there, it can be hard to find the right one for your community.
Consider taking a less traditional route and hiring an HOA software company to build a custom site for you. Condo Control has a professional in-house designer available, and we work exclusively with residential communities. That means we’re in a better position to build an HOA-specific website than other developers.
Furthermore, we’ll make sure that owners have a password-protected section where they can easily find community news and information. Owners also have the option to login to their personal Condo Control account directly from the HOA website. From there, they can make online payments, book amenities, submit service requests/ architectural change forms and much more.
Make sure you get these 5 features
Your HOA website should be built based around the specific needs and goals of your community. That may mean you only need a few pages. Conversely, you may require multiple pages if your owners prefer to get documents and information online.
That being said, most communities will want to have the following features available to owners:
Desktop and mobile-friendly design
Your website must be available through mobile and desktop. Mobile traffic accounts for almost half of web traffic worldwide. According to Statista, In the first quarter of 2021, mobile devices (excluding tablets) generated 54.8% of global website traffic. Basically, more and more people are visiting websites through their phones. The convenience and ease of access means this trend will continue.
Community calendar
One of the best ways to ensure your owners show up to events is to integrate a community calendar right into the website. This is an easy way to keep everyone in the loop. When used collaboratively with HOA management software, admins can add events from the system and include details for meetings, social activities and even things like garbage pickup. These activities will then appear on the website calendar. Plus events can be added ahead of time or as they come up – it’s a flexible and simple solution.
Document storage
Giving owners 24/7 access to forms and governing documents, or board members a place where they can store and review every item relating to HOA business, is a gamechanger. Trying to keep papers organized is a lot of work, and trying to locate that one item you need in a file cabinet of folders is even harder. With online document storage, owners simply need to log in to the password protected area of the website, enter a keyword and they should be able to find what they’re looking for in seconds.
Resident maintenance requests
Since we’re keeping with the theme of simplifying and streamlining processes, online resident maintenance requests is another must-have website feature. Digital forms can be submitted by owners, and they can do this while they’re watching tv or commuting to work (since your site is mobile friendly). Management can see when new forms are submitted and request to receive notifications if they forget to follow up after a certain number of days.
Digital bulletin board and announcements
Communication is often the biggest issue impacting HOA communities. Sometimes, management thinks they are sharing enough, but owners still want more. Having an online system to post updates, notices and other information is an effective, cost-efficient solution. Messages can be created and shared in seconds, and associations forgo the print and mailing costs. Management can include links and attachments with these messages, too. Set expiry dates for time-sensitive announcements, or keep them up on the board for the entire year.
5 examples of great HOA websites
Below are some great examples of simple, user-friendly websites:
Lake Linganore Association
About the association
Lake Linganore is a very large association located in Maryland. It has dozens of private amenities available to users, including beaches, basketball courts, a dog park and even an events tent. Lake Linganore water is used as the primary source of drinking water for the City of Frederick, and it’s the emergency back-up water supply for Frederick County. It holds over 500-million gallons of water!
Why we like this website
The Lake Linganore site is very easy to navigate. There is contact information listed on the site, and a few small dropdown menus so as not to overwhelm the user. The visuals are also “on-brand,” or representative of the association’s qualities and characteristics. The interactive sections, such as the amenities map and historical timeline, is a great way to attract prospects.
Solano Grove
About the association
Solano Grove is a well-established community located in Jacksonville, Florida. It is an older condominium community, but that just means the units are more spacious than some of the newer builds.
Why we like this website
Solano Grove’s website offers users a clean and visually appealing space. There is just enough information; everything you need is easy to find. Owners won’t have a hard time figuring out where to login or register for the password-protected section.
Surfsong Condos
About the association
Surfsong Condos has 72 condominium units, a lovely clubhouse situated next to an oceanfront swimming pool and hot tub, and two tennis courts. Located in San Diego, atop a ninety-foot bluff overlooking the Pacific Ocean, it is a truly beautiful place to live.
Why we like this website
Surfsong’s website sets the tone for the community. It is organized, but has a fun, laidback feel too. Not only are there photos of the area, but the website also offers visitors a breathtaking video of the condo community as well.
The site encourages new owners to sign up for an account using information they would have received in their welcome letter. Moreover, it has a small list at the bottom of the website informing owners of the information they will be able to obtain on the password-protected section.
Detailed contact information for the management team can also be found at the bottom of the website so that anyone who wishes to speak with them can get in touch quickly and easily.
Deering Bay Marina
About the association
Deering Bay Marina, located in South Miami-Dade County, is a pristine marina community that caters to lovers of boating, nature, and outdoor sport. Members have access to some of the best fishing spots around.
Why we like this website
Beside the beautiful photos of this stunning marina, Deering Bay Marina’s website has lots of helpful information readily available. For example, you can check local tides and weather, and any slips that are for sale or for lease. Members can access a password-protected section of the site as well where they will get to see information and updates released exclusively for them.
The Willows HOA
About the association
The Willows HOA Resort Living boasts the perfect climate with tranquil and beautiful landscapes bordering the Bay. The Willows’ 201 homes are adjacent to Alameda’s shopping mall. There is a large clubhouse, perfect for parties and a gym as well as an inviting pool.
Why we like this website
The design is ideal for HOAs looking for a simple, straightforward layout. Updates to the community are posted on the landing page for ease of access and immediate viewing by community members. Important HOA documents are accessible with a login from the home page. Tabs at the top take you directly to the specific page, without a long dropdown menu to scan.
Bonus: An HOA website template created by Condo Control
Condo Control offers all of the must-have features that we highlighted earlier on. Our HOA management software supports and works directly with the websites our team creates. We build professional, user-friendly websites for HOAs that want to improve communications and augment the association’s brand. Click here to see an example.
Note that we can customize even simple templates. On this one, we include amenities and information about board meetings and board members. You will also see how the events calendar looks from a resident’s perspective. Admins can update monthly calendars directly from their Condo Control account. Our goal is to showcase the very best of your community.
What makes a great website
It’s really important that your website is aesthetically pleasing. To put it bluntly, an ugly site isn’t going to encourage owners to use it. But – looks aren’t everything. A great website is fast, user-friendly, current and secure. Some of these qualities will overlap with must-have website features we mentioned earlier.
Mobile-friendly
We’ve already talked about the importance of making sure your HOA website is mobile friendly.
Fast
Our attention spans are shorter than ever, and people expect fast load times. Your website should be capable of solving problems for owners, not creating more frustrations for them. If you hire someone to build your website for you, they will be able to take the proper steps to ensure your site loads quickly without compromising on the quality of images or functionalities.
Informative
The website should have all of the resources that owners frequently ask for. This saves you and your staff time since owners will be able to do more for themselves. Announcements, governing documents, and events should be available on the password-protected section of the site.
User-friendly
The website should be easy to navigate and allow visitors to find what they are looking for right away. Simplicity trumps complexity when it comes to websites.
Secure
Security must always be prioritized. Personal and sensitive information is invaluable; HOAs must take every step possible to ensure only authorized individuals have access to this information. In addition to creating a section just for residents, be sure to Secure your site with HTTPS (Hypertext Transfer Protocol Secure).
Costs
The last aspect of HOA websites we will discuss is the costs. While you could probably find a free website template, we strongly recommend investing in a site that will offer you the most value for your investment. Free sites will be slow, may have tons of ads and they are not very customizable. Free websites will not provide a great experience for you or your owners.
If you are fortunate enough to have a board or committee member who is comfortable with something like WordPress and a bit of code, your association might spend anywhere from $150 – $600 per year. Costs will depend on whether you build from scratch, or pay for a website builder like Wix or Squarespace.
This cost estimate takes into account things like the domain name, hosting, premium themes and add-ons. The downside here is that you are responsible for updating and maintaining everything.
Prefer to hire a professional instead? You could be charged anywhere from $3,000 – $20,000 (or more). That’s a huge range, but there are a lot of variables to consider. The skill of the developer, whether you hire a freelancer or agency to do the work, the custom features you require, add-ons like quarterly updates and any additional services will all impact the price.
Conclusion
HOA websites can act as a central resource hub for associations. Even if your owners aren’t tech-savvy, almost anyone can navigate and use a well-designed website. Plus, it doubles as an efficient advertising tool. With so many features and functions, having an HOA website just makes sense.
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