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The New Order:  Broward County Emergency Order 21-01

The New Order:  Broward County Emergency Order 21-01

  • Posted: Apr 23, 2021
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Since March 2020, Florida’s Governor has issued a series of Emergency Orders designed to curb the spread of COVID-19, including Emergency Orders prohibiting certain
establishments from operating and imposing regulations on those establishments that were allowed to operate;

Read the New Order: 
Broward County Emergency Order 21-01

 

 

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Vaccination ID’s  To Require Or Not To Require, That Is The Question by KBR Legal

Vaccination ID’s To Require Or Not To Require, That Is The Question by KBR Legal

  • Posted: Apr 07, 2021
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Vaccination ID’s

To Require Or Not To Require, That Is The Question

 

Florida’s community association board members are wrestling with many amenity re-opening decisions these days. One such decision is whether or not to open the community clubhouse including the card rooms, bingo, and even off-Broadway like shows. As a part of that decision making process, board members may be considering requiring proof of vaccination as a pre-requisite to such use.

 

While ultimately a decision within the business judgment of the board, requiring proof of vaccination prior to allowing use of an association amenity is not recommended. Do you remember the ol’ adage, “no good deed goes unpunished?” Well, requiring proof of vaccination from the members prior to allowing use of the clubhouse, no matter how well intended, could likely lead to significant and costly problems for the association who fails to heed the warnings set out in this article.

 

When acquiring medical information of members, the board’s duty, pursuant to relevant law, is to keep such acquired medical information confidential. Requiring proof of vaccination to use amenities will no doubt lead to a significant breach of that duty.

 

Another reason not to require proof of vaccination is that doing so will lead to creating two classes of members. The vaccinated members who are allowed to use the amenities and the unvaccinated members who are not allowed to use the amenities. Yet, all members pay for access to use the amenities in proportion to their assessment obligation. Therefore, this practice could expose the association to adverse litigation from the upset unvaccinated members.

 

If the aforementioned two reasons are not sufficient to dissuade you, then consider this: A member may choose not to be vaccinated for religious reasons. In this situation, by requiring proof of vaccination the association will be exposing itself to a claim of religious discrimination.

 

If the association opens an amenity, then the amenity should be available to all members for use without consideration of vaccination. If that is a concern, then perhaps waiting a short while longer to open the clubhouse or other amenity makes the most sense. Remember, too, that when you do re-open to adhere to CDC protocols as may be appropriate for your community such as mask wearing, social distancing, and sanitizing. As a part of the re-opening procedure, please consult with your association’s attorney regarding the do’s and don’ts.

 

 

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Board Member Mistakes: How to Avoid Them

Board Member Mistakes: How to Avoid Them

  • Posted: Mar 30, 2021
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Board Member Mistakes: How to Avoid Them

Community association boards are bound to face many difficult decisions in the course of their work. Conflicts between individual owners and the board, financial hardships, unexpected disasters: there are many points where decisions need to be made, and a good board want to make choices that will benefit the entire community, not just a few owners or influential board members. When an HOA board gets it wrong, it can take time and hard work to build back trust and community commitment.

Here are a few examples of mistakes that community association boards can make, and some tips on how to avoid them in your board.

1. Inaction on important issues

Whether it’s refusing to take action against a board member who committed a wrong, or ignoring a troubling budget issue on the horizon, it’s never a good idea for a board to put off taking action. Serious issues won’t just resolve themselves, and odds are that the board will find itself dealing with the same issue in the future. It might also snowball into a worse problem.

Not only does inaction risk a larger problem down the road, it sets a bad precedent for community members and future board members. To avoid this mistake:

  • Recognize issues that are serious or might become serious.
  • Don’t be afraid to take action against any owner or board member if it’s really necessary, no matter how important or vocal they are.
  • If the board can’t come to an agreement about a difficult decision, don’t just abandon it. Call in outside experts and stick with it until something is done.

2. Making policy exceptions for just one or two owners

if your board makes a hasty decision that benefits just one or two community members, it could come back to hurt the entire association in the future. Not only can those decisions be called into question by new boards in the future, they may often be made without proper documentation, budget changes, or policy changes.

While you might genuinely want to help a community member who’s in a tough spot, you need to take a step back and look at what is best for the association as a whole. In the example cited above, waiving fees for members who were hit by a natural disaster caused a budget shortfall for the HOA, and created a tangle of legal and policy issues for a new board. To avoid this mistake:

  • Consider any individual’s request in the context of the association as a whole.
  • Look at existing policies for ways to help them that don’t require special treatment.
  • If you do decide to change policies or make an exception, definitely be sure to document everything in meeting minutes and memos so that future boards are less likely to retaliate.

3. Being “penny wise and pound foolish”

Many community association board mistakes revolve around budgeting, a challenging issue for any board. It can be very tempting to defer maintenance, make inexpensive choices when having work done, or make other decisions intended to reduce expenses. But putting off maintenance now can lead to larger, more costly issues down the line. Doing “band-aid” repairs or maintenance rather than investing in upgrades can also end up costing more over time.

To make good financial choices while staying within the association’s budget:

  • Look at the long-term impact of any maintenance issue that you want to delay – what will it cost if the system breaks in a few months?
  • If you’re considering a “band-aid” type of repair, price out the cost of several such repairs compared to the cost of doing a full repair or replacement.
  • Consider increasing assessments or implementing a special assessment to make necessary repairs and perform maintenance.

To avoid these and other community association board mistakes, consider using a property management company who can improve board decision-making and communication

 

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HOA Income Statements

HOA Income Statements

  • Posted: Mar 30, 2021
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HOA Income Statements

Unlike a balance sheet which shows a quick snapshot of HOA finances at a certain point, the income statement shows financial information over a period of time. Usually, the period of time is the rate at which you prepare your financial documents whether it be monthly, quarterly, or annually.

The income statement is considered the most important document within the financial statement because it shows the financial direction, whether that be positive or negative, of the community association.

 

What Information Should Be Included

There are four items that should be included in an income statement:

  1. Gross profit
  2. Operational expenses
  3. Gains and losses unrelated to operational costs
  4. Net income

Gross profit is all the money that was made over the time period. If you submit financial documents monthly, it should be all the funds raised within that month. That should include any dues, fees, charges, or donations collected.

Operational expenses would be regular fees such as property maintenance, pool cleaning, landscaping, etc. Anything that is a recurring charge necessary to keep the community up and running.

All other one-time expenses would fall under the Gains and Losses category. Because the income statement shows finances over a certain period of time, any extra expenses need to be reported. If the community playground needed new mulch in March, that expense should appear in that month’s income statement, even if it means the association did not make as much money in March on paper.

Net income is the result of taking gross profit and subtracting all expenses for the period. This is the magic number that the entire report is based on. If your report comes out showing a positive net income, then your association did well and you can put some money in the reserves. If your net profit came out negative, then you should take a deeper look into your finances and see where improvements can be made.

 

Be as Detailed as Possible

All categories should be broken down to be as detailed as possible. For example, gross profit should be broken down between dues, fees, and any other source of income for that time period. Operational expenses should be broken down into landscaping, pool cleaning, etc. The more detail included in any financial document, the more insight it will give to the association board of directors leading to better decision making and financial planning.

 

Ask the Experts

If you are still unsure about how to create a proper income statement, contact the professionals at CSM. We have years of experience working with HOAs from around the United States. With a wide variety of services, our goal is to give community associations all the tools and technology they need to be financially successful, while at the same time still allowing them to remain independent.

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Slow Your Roll: How to Address Speeding Issues in Your Association

Slow Your Roll: How to Address Speeding Issues in Your Association

  • Posted: Mar 22, 2021
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Speeding is a big problem for many community associations — a problem that is not always easily addressed or corrected. How can your board slow the speed of traffic in your community?

by Jennifer Horan

If your association does not currently have traffic rules, you may be able to rely on a nuisance provision in your Declaration. Alternatively, if your board has the authority to adopt rules and regulations regarding the common areas, the board can adopt traffic rules at a duly noticed board meeting. To enforce the rules, the association has a variety of enforcement tools available, including sending warning letters, notices of violation, fining, suspension of use rights, or further legal action.

Fining is the most common “enforcement tool” that is utilized to curb speeding, for associations who monitor speeding. Fining is most effective when pursued against owners/residents in the community. It is more difficult for an association to pursue fines against visitors, guests, invitees, or contractors who speed. So, for the most part, most associations that pursue fines for speeding opt to only pursue fines against owners/residents who speed. Anytime an association intends to fine an owner or resident, the process and procedures for fining must comply with the statute. Therefore, it would require the board to establish a fining committee (if your community does not already have a committee in place). Notice must be provided to the owner or resident of the violation and the owner or resident must be provided with an opportunity to be heard in front of a fining committee.

For those communities who do not want to impose fines, there are a variety of other enforcement tools available, including sending warning letters, notices of violation, suspension of use rights, or further legal action (such as seeking injunctive relief). When it comes to either fining or the suspension of use rights the association must follow the statutory procedure described above. An additional method of enforcement would be through an agreement with the county which would authorize a local law enforcement agency to enforce state traffic laws on the association’s private roads. Section 316.006, Florida Statutes, authorizes local law enforcement agencies to enforce state traffic laws on the private roads of associations pursuant to an agreement between the association and law enforcement. It requires a majority vote of the board of directors of a homeowners’ association to elect to have state traffic laws enforced by local law enforcement agencies on private roads that are controlled by the association.

There are other practical concerns with regard to enforcement against speeders, most notably, evidence of speeding. How can your board of directors “prove” that a vehicle is speeding? Depending on the speed of the vehicle, it could be established simply by the testimony of the person who saw the car speeding. Some communities have purchased equipment that monitors speed and that can also take photos or videos of the speeding vehicle. If your community is considering purchasing a speed gun, it should be noted that there is an administrative rule that deals with “speed measuring devices”. This rule provides that evidence of the speed of a vehicle measured by a radar speed measuring device is inadmissible in “any proceeding with respect to an alleged violation of provisions of law regulating lawful speed of vehicles” unless such evidence of speed is obtained by a law enforcement officer who meets certain requirements, including the satisfactory completion of certain training courses. The rule also requires a visual determination that the vehicle was speeding and a written citation based on evidence obtained from an approved speed measure device. Also, the particular speed measuring device must meet specifications and must be tested in accordance with other procedural rules related to the testing of speed measuring devices.
Slowing traffic helps promote a more relaxed residential environment and as you can see there are various options available. An association need not choose one however to the exclusion of all others. The key is be consistent and properly apply the various options chosen.

 

Jennifer Horan

 

 

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Join Us Online For A FREE Educational Webinar:  10 Natural Management Solutions for Your Waterbody   Wednesday, March 24 @ 2:00 pm (EDT)

Join Us Online For A FREE Educational Webinar: 10 Natural Management Solutions for Your Waterbody Wednesday, March 24 @ 2:00 pm (EDT)

  • Posted: Mar 22, 2021
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10 Natural Management Solutions for Your Waterbody

Wednesday, March 24 @ 2:00 pm (EDT)

We’re only 2 days away! During this much-anticipated webinar, our experts will explore our top 10 natural management techniques and discuss how the right combination of natural solutions can help transform your waterbody.

 

Don’t wait! Register today and start nurturing your waterbody with all-natural solutions that will enhance your lake and pond for years to come.


Registration Is Free. Spots Are Limited. 
Register Today!

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BIG NEWS ABOUT Glazer and Sachs & Condo Craze and HOAs BLOG – View our new Website!

BIG NEWS ABOUT Glazer and Sachs & Condo Craze and HOAs BLOG – View our new Website!

  • Posted: Mar 22, 2021
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BIG NEWS ABOUT MY BLOGS! by Eric Glazer of Glazer & Sachs

As you know, I have been writing a blog 50 times per year for the last 10 years. That’s over 500 columns that have spoken about virtually every aspect of community association living. Our readers love it. The only complaint about the blog was that it was not searchable by topic. It was difficult to find a specific blog about a specific topic. Not any more!  From now on, by going to either the website for Glazer and Sachs,

Or, by going to the website for Condo Craze and HOAs, you can click on our BLOG link –type a few key words in the search bar- and find a blog about a topic of your choice. You also still have the option to scroll through all our blogs in chronological order.

It’s just another way our firm tries to make the law accessible and enjoyable to everyone with an interest in community association law, whether you’re a Board member, owner, manager or service provider. We hope you enjoy reading them half as much as we enjoy writing them.

 

View our New Website

 

 

 

 

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Vote No For House Bill 305!

Vote No For House Bill 305!

  • Posted: Mar 22, 2021
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Vote No For House Bill 305!

Homeowners, tell your representative to Vote NO on House Bill 305! Do not let the insurance industry take away your rights with House Bill 305. Your voice counts! Call or email your representative today!

Vote No For House Bill 305!
Homeowners, tell your representative to Vote NO on House Bill 305! Do not let the insurance industry take away your rights with House Bill 305. Your voice counts!
Contact Representative Rommel at:
Capitol Office: (850)717-5106
District Office: (239)417-6200
Email at: Representative Rommel or
Click here for your representative:

 

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Premier Fire Alarm and Integration Systems, We assist you in ensuring that your fire alarm system complies with national fire codes and Florida building codes.

Premier Fire Alarm and Integration Systems, We assist you in ensuring that your fire alarm system complies with national fire codes and Florida building codes.

  • Posted: Mar 22, 2021
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Premier Fire Alarms & Integration Systems, Installation Division Inc. is dedicated to providing the most reliable systems and service in the alarm industry. Helping protect the lives and property of our customers is a responsibility we embrace and never take lightly. In every endeavor, we strive to satisfy our customers by meeting and exceeding their expectations.

Fire Alarm Repair and Maintenance   *   Fire Alarm Service Agreement & Contracts   *   Fire Alarm Service Monitoring

Call now for free consultation

954-404-7137

 

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Take Action today have one of our Legal Members help with a comprehensive, custom-tailored for your community updates to all three documents—the Declaration, the Bylaws, and the Articles of Incorporation

Take Action today have one of our Legal Members help with a comprehensive, custom-tailored for your community updates to all three documents—the Declaration, the Bylaws, and the Articles of Incorporation

  • Posted: Mar 14, 2021
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Are your community Documents Updated?

Homeowners Associations and Condominium Associations have three governing documents: the Declaration, the Bylaws, and the Articles of Incorporation.
The Declaration is the “contract with the membership” – it contains things like pet restrictions, vehicle restrictions, guest rules, the ability to do background screening on incoming buyers and tenants, insurance obligations, and other things that affect every community member’s everyday life.
The Bylaws are your go-to for procedures such as who gets to vote? How many members comprise the board? When are your elections? Who can be on the board? Who can call meetings? When is the annual meeting?
And the Articles of Incorporation are your contract with the State of Florida that incorporate you as a corporation-not-for-profit.
All three documents reference one another, and it’s important to have congruency.

Take Action today have one of our Legal Members help with a comprehensive, custom-tailored for your community updates to all three documents—the Declaration, the Bylaws, and the Articles of Incorporation

Covid-19 has brought many changes; every community should have these added to their governing documents.

 

The Process of updating governing documents.

The board shoulders a bit more responsibility – giving us lots of information about your association—and then we collaborate together on the tougher provisions, ensuring you have the very best guidance and governing documents that are perfect for your community.

  • Search of original documents and amendments all the way through the mailing of proxies and finally recording of your new documents..
  • Our presence at town hall meetings, board meetings, or assistance with mailings.
  • There will be a lot of questions from owners, we can help answer these for your community.

Legal Members can provide not only guidance about your community standards, but also lots and lots of ideas from all of the other communities with whom we work! Some of the most popular updating provisions these days include: preventing AirBNB and sober homes, creating a non-smoking building (while grandfathering in current residences), eliminating investors, protecting the association from corporate takeover, and screening new residents and tenants for criminal histories and good credit references!

We are here to help protect and modernize your community!

 

How much time does it take to update documents?

This depends quite a bit on you! As soon as you retain our services with payment, we send you a packet of information you need to get started. We also are ready to schedule your telephone conference within the following fourteen days. That said, some associations need a bit of extra time—someone’s on vacation, or it’s hard to coordinate calendars with everyone. (And that is perfectly alright!)

You will also have an opportunity, after our phone conference, to review everything before we create your docs. Rewriting 60-100 page documents takes a bit of time! We ask for six-to-eight weeks to create your new documents, and then we send them to you.
Once you get them, you’ll start “getting the vote” in your community! Some Associations can do this within a few weeks—and for others, the process can be months! This timeline is what fits best for your community, and we are happy to provide support in any way needed.

Updating governing documents can be an exciting time for your community—there are so many incredible updates to protect and modernize your association!

 

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