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An Association’s Response to Owners Requiring Additional Care by Becker

An Association’s Response to Owners Requiring Additional Care by Becker

  • Posted: Dec 14, 2020
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An Association’s Response to Owners Requiring Additional Care

Robyn M. Severs | 12.11.2020
Florida Condo & HOA Law Blog

 

Some older individuals choose to live out their final years in their personal residences, alone, rather than in nursing homes or assisted-living facilities. Additionally, there are times that other individuals may experience certain mental health issues that make them unable to adequately care for themselves. Associations are often at a loss with how to assist these individuals. Plus, associations are not healthcare or mental health providers, so they are not equipped to address such matters. Instead, associations will need to request help from family, friends, or governmental entities.

Depending on the severity and facts of a particular situation, the association should attempt to contact known relatives to determine if there is someone available to assist, as it is best that the association allow the family to intervene. Associations should consider having owners complete a form that would list relatives, friends, emergency contacts, to assist in such situations. However, there are many cases where the resident does not want their family to help, where the family is unwilling or unable to help, or where the association does not know of any relative or friend of the owner. In those instances, the association may need to see if there is any governmental assistance.

The association can contact Code Enforcement if the property is in so disrepair that it is a code violation. Some counties also have Elder Helplines that could be contacted. The Florida Department of Elder Affairs has an Elder Helpline at 1-800-963-5337.

 

For issues regarding self-neglect, the Adult Protective Services, Division of the Department of Children and Family Services (DCF) Abuse Hotline can be called at (800-962-2873). They should send out an investigator to investigate and perform assessments pursuant to Chapter 415 of the Florida Statutes, which allows the state to intervene in the instance that “senior neglect” is suspected. “Neglect” is defined in Section 415.102(16), Florida Statutes as follows:

  • “Neglect” means the failure or omission on the part of the caregiver or vulnerable adult to provide the care, supervision, and services necessary to maintain the physical and mental health of the vulnerable adult, including, but not limited to, food, clothing, medicine, shelter, supervision, and medical services, which a prudent person would consider essential for the well-being of a vulnerable adult. The term “neglect” also means the failure of a caregiver or vulnerable adult to make a reasonable effort to protect a vulnerable adult from abuse, neglect, or exploitation by others. “Neglect” is repeated conduct or a single incident of carelessness which produces or could reasonably be expected to result in serious physical or psychological injury or a substantial risk of death.

Finally, local law enforcement should be contacted if the association is concerned for an owner’s safety. They can perform a “welfare check” to check on the safety or well-being of a person. Such a check could lead to involuntary commitment pursuant to the Florida Mental Health Act, also known as the Baker Act. This is occasionally a viable option when a person’s inability to care for themselves presents a danger to themselves or others.

 

If the resident refuses to accept the assistance offered by family or applicable agencies and, instead, continues to cause problems for other residents, or create hazardous conditions, the association could theoretically attempt to enforce the relevant provisions of the association’s governing documents, usually through a nuisance provision.

As you might imagine, the travails of the elderly or those with mental health issues are rarely optimal cases to take before a judge or an arbitrator. However, at least in some cases, it may be worth taking the initial steps necessary to proceed with legal action including a “cease and desist” or “opportunity to cure” letter. The association could also use the legal action as a way to get a legal guardian appointed for the owner. Perhaps the association could seek a determination from a court as to whether the association could cure the violations themselves. While this may not be an attractive option for the association, it may be the only available option.

Unfortunately, dealing with residents that need help is a difficult situation for associations with no clear answer as to how to resolve the problem. Hopefully, the above options will be able to provide some guidance and assistance.

 

Robyn M. Severs represents community association clients throughout Florida’s northeast region. She has significant experience representing and assisting condominium and homeowners associations in a wide variety of legal areas, including document review, document drafting, turnover of association control, reserve funding, and maintenance issues. Robyn also handles community association bankruptcy cases and appellate cases that include some notable decisions. Earlier in her career, she served as an Assistant Public Defender for the Tenth Judicial Circuit, and as a Senior Attorney for the Florida Department of Business and Professional Regulation, Division of Real Estate, where she prosecuted cases before the Division of Administrative Hearings, Florida Real Estate Commission and Florida Real Estate Appraisal Board. Ms. Severs is also one of only 190 attorneys statewide who is a Board Certified Specialist in Condominium and Planned Development Law.

Robyn M. Severs

Shareholder / Orlando
tel:904.423.5372
RSEVERS@beckerlawyers.com

 

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Working effectively with a condo manager, what to expect.

Working effectively with a condo manager, what to expect.

  • Posted: Dec 09, 2020
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Working effectively with a condo manager

Boards can build positive professional relationships with their PMs in three simple steps

Whether newly elected or seasoned veterans, all board members can benefit from putting effort into developing effective working relationships with their condo manager. Building trust is critical. If all parties trust each other, they are more able to work well together and with less friction.

What are the best ways to build that trust? There are three simple steps that boards can take to strike, strengthen or maintain effective working relationships with their property managers. They start with setting a clear and positive direction for the board and management as they work together to fulfill the requirements of their respective roles.

 

1. Define roles

It’s important for those who are new to condo boards to understand the distinction between the roles of the board and management. The board is responsible for setting the corporation’s vision and direction, makes key decisions, and generally provides leadership. Management is responsible for executing that vision and carrying out day-to-day activities.

When joining a board for the first time, or starting work with a new manager, board members should arrange a time to discuss roles and responsibilities in detail. This discussion also presents a good opportunity to clear up any misconceptions and clarify areas of overlap. Experienced board members will not likely have this issue, but new board members (or directors coming from a non-professional background) may need clarification on what constitutes a normal level of involvement on their part.

In some of the largest corporations, management may operate like a business, presenting comprehensive plans to the board for review and approval. In some of the smaller corporations, management may take an interactive or team approach, giving board members the opportunity to be much more hands-on.

Overlap can be an issue if a board member is particularly “hands-on,” or to use a less flattering term, is a “micromanager.” If a board member is particularly detail-oriented, or wants to be involved in the day-to-day details of managing the condo corporation, having an open and frank discussion is all the more important to ensure everyone’s ideas are aligned.

 

2. Set clear expectations

Unstated or unclear expectations are a recipe for disappointment and frustration for both the board and property manager, so the board should clearly state its expectations upfront. All board members and condo managers draw on their own experiences and uses their own methods of working. Most are able to adjust to others’ needs, so long as they’re made aware of those needs.

Here are some topics that are worth clarifying when a new board member or property manager joins the team:

  • How often does the board expect updates from management?
  • Will business be conducted primarily in meetings, or will there be a steady flow of email and phone communication between meetings?
  • When urgent issues must be addressed between meetings, how will a decision be made while still complying with Condominium Act requirements?
  • How quickly do board members expect a response to their communications from management?
  • Conversely, how quickly are board members typically able to respond to emails? Some board members have jobs that demand much of their time during the day, while others have more flexible schedules and will be able to respond more quickly.
  • What types of problems should the board be notified about? For example, does the board want to be notified about a break-in as soon as it happens, or is it acceptable to just put it on the manager’s report and review it at the next board meeting?
  • What tools will be used, and how will they be used? Whether communicating through email or a more advanced online management system, be sure that everyone knows what is expected of him or her.

It’s also a good idea to set clear expectations at the start of any new project. Whether the condominium corporation is undertaking a hallway refurbishment, boiler replacement or even something smaller, such as an annual landscaping update, spend the time to make sure everyone is on the same page. This can be particularly helpful when a new team member is involved. Whether it’s an engineer, consultant or project manager, the new team member will appreciate knowing what the client expects.

 

3. Communicate

Defined roles and expectations set the foundation for a productive working relationship. Clear, ongoing communication is critical to its continued success. Here are four tips to help keep the relationship running smoothly:

Establish a board/management liaison role: Whether the board has three, five or even seven members, it can be difficult for the property manager to take direction from everyone at once. And if messages are conflicting, it can be all the more frustrating. Appointing a particular board member as the liaison makes communication channels clearer and communications more efficient.

Have regular check-in meetings, face-to-face if possible: This may seem like a simple step, but many people overlook it: spending some time face-to-face gives both parties the opportunity to bring up any issues that may be either difficult or uncomfortable to bring up by phone or email. Having ample opportunity to address difficult issues is important to creating an environment of open and honest communication.

Give feedback immediately: If the board feels that there is a problem, it’s not particularly useful for the property manager to hear about it months after the fact, during an annual performance review. That said, be sure to deliver any critical or constructive criticism in a private setting, rather than in front of owners or residents. And don’t forget to share positive feedback, too! Reinforcing and encouraging the right behaviours is just as important as addressing problem areas.

Conduct annual performance reviews: While performance reviews may be about as popular as a trip to the dentist, they are absolutely critical to the success of any condo. At a minimum, the board should take the time to gather feedback and have a performance conversation with the manager on an annual basis. If there are particular difficulties and challenges, then the board would be well advised to provide feedback more frequently. A common approach is to gather feedback and have one board member present it, which makes the meeting less intimidating.

Whether a board is just starting out, or trying to strengthen or repair an existing relationship, it’s important for it to take time to set clear expectations and discuss everybody’s roles and responsibilities. Once this foundation is laid, regular, ongoing communication is key to keeping operations running smoothly. And when problems inevitably occur, the continuing dialogue will encourage both board members and property managers to address minor issues before they become serious issues.

It takes time and effort for board members and their property manager to build a positive working relationship, but by completing these three steps, they have a much greater chance of success.

 

Submitted by: Brian Bosscher is the president and founder of Condo Control Central,  He can be reached by phone at 647-557-8479, or by email at brian@condocontrolcentral.com.

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December 8th, 9th and 10th Virtual HOA, Condo and HARASSMENT, CYBER-STALKING, DEFAMATION & SLANDER Events by Kaye Bender Rembaum

December 8th, 9th and 10th Virtual HOA, Condo and HARASSMENT, CYBER-STALKING, DEFAMATION & SLANDER Events by Kaye Bender Rembaum

  • Posted: Dec 07, 2020
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Virtual:

  • HOA Board Certification Course,
  • Condo Board Certification Course and
  • Board & Property Management Seminar on  “HARASSMENT, CYBER-STALKING, DEFAMATION & SLANDER IN COMMUNITY ASSOCIATIONS” 

Virtual HOA Board Member Certification Course

WEBINAR Florida

Virtual HOA Board Member Certification Course Tuesday, December 8, 2020 from 5:30 PM – 8:00 PM

Join us for this Virtual HOA Board Certification Course taught by Emily Gannon from Kaye Bender Rembaum. We will also have a “Board Member Best Practices” presentation during the course presented by Campbell Property Management. This session is for Board Members of Homeowners Associations only – NOT Condo Associations.

Register Today

 

 

CONDOMINIUM ASSOCIATION BOARD MEMBER CERTIFICATION by Kaye Bender Rembaum

WEBINAR Florida

CONDOMINIUM ASSOCIATION BOARD MEMBER CERTIFICATION  December 9th  5:30 pm – 8:00 pm Course #: 9630075  |  Provider #: 0005092  |  2 CEs in IFM or ELE Join us for this Virtual Condo Board Certification Course taught by Allison L. Hertz from Kaye Bender Rembaum. We will also have a “Board Member Best Practices” presentation during the course presented by Campbell Property Management. This session is for Board Members of Condominium Associations only – NOT Homeowners’ Associations. Hosted by Campbell Property Management. Webinar Online

Register Today

 

 

WEBINAR- “HARASSMENT, CYBER-STALKING, DEFAMATION & SLANDER IN COMMUNITY ASSOCIATIONS”

WEBINAR Florida

WEBINAR- “HARASSMENT, CYBER-STALKING, DEFAMATION & SLANDER IN COMMUNITY ASSOCIATIONS”  December 10th  11:00 am – 12:30 pm Harassment, Cyber stalking. Defamation & Slander in Community Associations: What the $%@# Did You Say to Me? Instructor: Shawn G. Brown, Esq., BCS An informative seminar covering various forms of communication and threats in Community Associations, including Facebook, Twitter and Next Door; how it affects those directly involved, how it affects the community, and how it affects the operations of the association; and what types of communication are protected. Note that there is no CE credit for this webinar.

Register Today

 

 

 

 

 

State of Florida Property Management Associations events brings attendees from all over the State of Florida – information, insights, and expertise, where amazing relationships are formed.  Members and Clients tell us the time spent with their peers at events are invaluable.  We’d love to hear from you- for questions, comments, or ideas, Note: as of now these members events are virtual, we hope to soon have in class education events in the future.

contact:  membership@sfpma.com

 

 

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Is It a Limited Common Element? By: Michael Dermody, Esq. of BECKER

Is It a Limited Common Element? By: Michael Dermody, Esq. of BECKER

  • Posted: Dec 02, 2020
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Is It a Limited Common Element?

By: Michael Dermody, Esq.  of Becker

Most condominium unit owners may think that limited common elements are those areas outside the condominium unit that are part of the common elements, but which are used only by a specific unit owner.  However, the Florida Condominium Act defines “limited common elements” as “those common elements which are reserved for the use of a certain unit to the exclusion of all other units, as specified in the declaration.” (FS 718.103(19), emphasis added). Thus, the determination of whether a common element (i.e., any area not included within the unit boundaries) is a “limited common element” depends solely upon the designation set forth in the property’s declaration. Brown v Rice, 716 So.2d 807 (5th DCA 1998).

 

This requirement that limited common elements (“LCE”) must be “specified in the declaration” can be crucial when it comes to assigning maintenance responsibility.  While maintenance of common elements (of which LCE are a subset) is statutorily the responsibility of the association, the Condominium Act provides that “the declaration may provide that certain limited common elements shall be maintained by those entitled to use the limited common elements…”  FS 718.113(1).  However, the fact that unit owners are assigned the maintenance obligation in the declaration for areas outside of their unit under their exclusive control may not mean much if the area is not designated as a limited common element in the declaration of condominium; in such case the declaration may be assigning maintenance responsibility for something that does not technically exist.  Without such specific designation the area would remain a part of the common elements, and the maintenance responsibility of the association.

 

When patios and balconies are associated with units, they are usually plainly marked as limited common elements in the unit diagrams and are thus “specified.”   But there are less obvious things external to a unit, but used exclusively by the unit owner, that may escape specification in the declaration such as external air conditioning units, air conditioner connecting lines, air conditioner condensate drain lines, or plumbing lines that serve only one unit. If the intent is to assign the unit owner the maintenance responsibility for such things, they must be specified as limited common elements in the declaration.  Conversely, the mere fact that the LCE are specified in the declaration does not automatically make the LCE the maintenance responsibility of the unit owner. LCE are, after all, a part of the common elements, and by default are an association maintenance obligation.  To properly assign the maintenance obligation to the unit owner, the declaration must both specify the item or area in question as a limited common element and designate the maintenance obligation to the unit owner.

 

If your association has portions of the common elements that serve only one unit owner, or group of units, which are not specified in the declaration as limited common elements, the Condominium Act was amended a few years ago to allow the association to reclassify these portions of the common elements as limited common elements, by amending the declaration (and amending the maintenance obligations, if necessary).  If these obligations are not clear in your condominium declaration, consult with your attorney to determine whether amendments to reclassify portions of the condominium property from common elements to limited common elements would be beneficial to your community.

 


Michael O. Dermody
Senior Attorney
tel:772.286.2990
MDERMODY@beckerlawyers.com

 

Michael Dermody concentrates his legal practice in commercial litigation, with a focus in appellate writing. He was admitted to the Florida Bar in May, 2007, and has been a member of the New Jersey Bar since 1996. Prior to coming to Florida, Michael was the principal of his own solo practice in Frenchtown, New Jersey. In 2005, he submitted an amicus curae brief in the landmark U.S. Supreme Court medical marijuana case, Ascroft v. Raich. Since 2007 he has focused on community association law with a concentration in community association litigation.

 

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Last Chance: Fountain & Aeration Deal of the Year! by SOLitude Lake Management

Last Chance: Fountain & Aeration Deal of the Year! by SOLitude Lake Management

  • Posted: Dec 02, 2020
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Last Chance: Fountain & Aeration Deal of the Year!

by SOLitude Lake Management

The holiday season is here. Treat your lake or pond to a new fountain or aeration system! After this difficult year, both you and your waterbody deserve a fresh start. Purchase a new fountain or aeration system and receive FREE installation before 12/31*. This is your last opportunity to save up to $700! 

*Free basic installation, or $700 off installation, with purchase of new fountain or aeration system. Installation date must be prior to 12/31/20.

Secure my Savings Today

 

SOLitude Lake Management has a new Business Development Consultant in Florida! 

SOLitude Lake Management is committed to providing full-service lake and pond management solutions that improve water quality, preserve natural resources, and reduce our environmental footprint.

Our services include lake, pond, wetland and fisheries management programs, algae and aquatic weed control, mechanical harvesting, hydro-raking, installation and maintenance of fountains and aeration systems, water quality testing and restoration, bathymetry, lake vegetation studies, biological assessments, habitat assessments, invasive species management and nuisance wildlife management.

 

Josh McGarry
Business Development Consultant
SOLitude Lake Management
Info@solitudelake.com
(888)480-5253

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

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

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

By Eric Glazer, Esq.

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

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

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

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

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

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

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

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All in One System for Entry Gates, Garages and Pools…..

All in One System for Entry Gates, Garages and Pools…..

  • Posted: Nov 26, 2020
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Smart Entry Systems

(626) 213-7557

 

  • Create temporary guest codes for pre-authorized visitors using the phone app.
  • Conveniently manage your property with a browser from anywhere with Internet access.
  • Accept deliveries from any shipper, residents can collect packages 24/7. Mix and match from 9, 6, or 4 door models to suit your community.
  • Eliminate coins from communal washers, dryers, electric car charging stations, short term rentals of conference and party rooms.

 

How it works?

Watch this one minute video of the different access methods.

 

 

 

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Nothing better than a sunny day and a newly sealed and striped parking lot! by Atlantic Southern Paving and Sealcoating

Nothing better than a sunny day and a newly sealed and striped parking lot! by Atlantic Southern Paving and Sealcoating

  • Posted: Nov 23, 2020
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Nothing better than a sunny day and a newly sealed and striped parking lot!

by Atlantic Southern Paving and Sealcoating

Our #ASPCrew sealcoated, striped and completed asphalt repairs on this corporate office parking lot in Boca Raton, Florida!

Contact us today for any of your parking lot needs by calling us at 1-833-PAVE-ASP or head to www.PaveWithASP.com!

 

ATLANTIC SOUTHERN PAVING & SEALCOATING

Southeast FL  954-518-4315

Southwest FL  239-234-2155

Central FL  321-408-5010

Provides pavement maintenance & construction services. From idea or blueprint to finished surface we offer all facets of new paving installation.

Atlantic Southern Paving & Sealcoating From idea or blueprint to finished surface, we offer all facets of new paving installation. Our crews have the technical expertise to perform these tasks to the standards set by local, state and federal requirements. This expertise allows us to pass inspections the first time so that your project can stay on schedule.

Atlantic Southern Paving & Sealcoating provides pavement maintenance & construction services to Florida for over 30 years. The solid foundation that Michael “Mickey” Curry started in 1992 employing the best people, using the best products and providing what the customer needs with a competitive pricing has enable Atlantic Southern to continue to thrive.

 

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

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

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

By Eric Glazer, Esq.

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

 

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

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

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

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

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

 

Glazer & Sachs, P.A.

Florida Homeowners’ Association and Condominium Law Attorneys

 

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

 

 

 

 

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Why A Specialized Collections Company Makes Sense for Your Community Association by Axela

Why A Specialized Collections Company Makes Sense for Your Community Association by Axela

  • Posted: Nov 19, 2020
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Is a Specialized Collections Company Right for Your Association?

Is your Condo or HOA tired of paying lawyers thousands of dollars to recover hundreds of dollars, less, or even nothing. Well, it’s time to think out of the box and let professional collectors recover that money for you.

by Mitch Drimmer /Axela Technologies

In good times or bad times, community associations (Condos and HOAs) will experience some level of delinquencies that affect the entire association. As a not for profit business your association depends on timely payments every pay period to maintain services to members of the association.  Failure to effectively act on a delinquent account does a disservice to the community and to the delinquent member as well.  By allowing a member to sink deeper and deeper in debt, the association only makes it more difficult for them to remedy their problem.  Engaging a Legal Process (sending the file to your community association attorney) the association may just be incurring additional expenses that eventually will be paid for by the good-paying owners.

Often HOA boards of directors are reluctant to migrate their delinquencies to collection agencies from their community association attorney. This article looks at the key benefits and concerns regarding collection agencies for community associations, examines the current state of collections, and helps associations understand why a specialized collection agency for community associations offers tremendous opportunity to collect their money at very no cost and no risk.

 

The Promise of a Specialized Collections Company

Almost every community association looks towards their community association attorney to manage their delinquencies. Yet community association attorneys are not prepared to do the work necessary to effectuate collections (outbound calls, credit reporting, skip tracing, dedicated inbound call center), and the costs are usually beyond what they recover.  Collection agencies have traditionally been performance-based and will collect their fees and costs only upon a successful collection event.  Collection agencies are concerned with only one aspect of business and that is the successful and cost-effective recovery of maintenance fees and other charges that may appear on the ledger (fines & violations, special assessments).

Operational Excellence and Reporting

The most important feature of an enterprise-level collections solution is its ability to communicate with delinquent owners.  Both inbound calls and outbound calls must be managed by highly trained and accredited specialists. When seeking out a collections company for your HOA ask if there is a dedicated portal for delinquent owners to resolve their issues. Boards of Directors and their management companies need to have access to clear and legible reporting.  Payment applications must be handled according to governing documents and state statutes. Strict compliance with Federal and State consumer rules and regulations is imperative.

Cost Savings

Community Association law firms require payment regardless of the outcome of the file. These costs often are beyond the amounts recovered.  Collection Agencies are merit-based and are only paid upon a successful collection effort.  In the specialized field of collections for community associations boards of directors should not, and in some cases, cannot allow any portion of their maintenance fees to be allocated as boards must be faithful to their association’s budget.  Fees and costs of collections should be charged and passed through to delinquent owners, and in the case of an unsuccessful collection effort these fees should not become the burden of the association (including costs for filing a lien)

 

Concerns Regarding Collection Agencies

It’s easy to see why these key features are the motivators for moving your collections to a specialized collections company and away from a community association attorney.  Yet, many boards of directors are reluctant to change what they have traditionally done in the past, and of course, they will be advised by their own counsel not to remove a collection file from their firms.

FDCPA, TCPA, & FCRA Compliance

Any vendor who performs services for a community association must have the proper insurance to protect the association from liability.  Violations of consumer protection laws should be a great concern.

  • Know and be in compliant with Federal and State Regulations.
  • Report delinquencies to credit bureaus in compliance with the FCRA.
  • Ensure all telephone calls are following TCPA regulations.

A community association must perform their due diligence and be sure that their collection agency is not only bonded but properly insured.  Associations should also be concerned that the customer service representatives of the collection agency are professionally trained and have designations from collection industry trade organizations such as ACA (The Association of Credit and Collection Professionals).

Statutes & Governing Documents (CC&Rs)

Of significant concern to community associations should be a collection agency’s adherence to governing documents and state statutes that relate to condos and HOAs.  Payment application, timelines, statutory compliance to the lien process, and notification are of paramount concern to community associations, especially regarding collections.  Zero defect execution of the collections process must be the standard practice. Collection agencies need to:

  • Perform flawless underwriting of each ledger.
  • Verify property ownership.
  • Impeccably review governing documents and by-laws and understand the state statutes where they are doing collections.

 

Conclusion

With increased scrutiny of the collection industry, it is more important than ever for community associations to engage the right company with the most sophisticated technology that can support their missions.  They should:

  • Compare and document standards, guarantees, and performance levels to ensure that prospective collection agencies are truly best-in-class solution providers.
  • Ask for collection agency references and connect with these references to get a true feel for the providers’ service, product and

It is also imperative that community associations increase efficiency, transparency, and reporting to members of the community.  Collection Agencies that specialize in working with community associations are the best way to go.  The right collection agency just makes sense for communities – Do not allow delinquencies to erode your community.

About Axela Technologies

Axela Technologies is a licensed collection agency exclusively serving community associations in the United States.  Axela Technologies realizes that in the field of collections, community associations have been an under-served industry.  By offering their core product Easy Collect ™ to community associations Axela Technologies has recovered millions of dollars that community associations might have otherwise written off. Give Axela a call today and get a free no-obligation collections analysis today to see if a specialized collections company is right for your association.

 

Axela-Technologies

Axela leverages technology to substantially reduce the delinquency rate in your community associations by increasing efficiency

We Make the Collection Process Efficient

 

 

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5 Surprising Ways to Prolong Your Pond’s Retirement By SOLitude Lake Management

5 Surprising Ways to Prolong Your Pond’s Retirement By SOLitude Lake Management

  • Posted: Nov 19, 2020
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5 Surprising Ways to Prolong Your Pond’s Retirement

By SOLitude Lake Management, Nov 19, 2020

AS SEEN IN National Community Association Institute’s (CAI) publication, Common Ground

The very first fish I remember catching was a bullhead catfish. It was in a small pond in my grandparents’ HOA community that is still there today. Well, sort of. Though the pond had once been deep enough for fishing and stormwater collection, its depth is now best measured in inches rather than feet. The cattails that were once clustered near the outflow are now abundant throughout the pond. Today, the waterbody resembles the nearby wetland more than it does a pond. In the 55 years of its existence, no measures have ever been taken to mitigate against the natural process of succession.

Lake and pond succession is the natural lifecycle of any waterbody. The very tributaries that supply a waterbody with its water also carry sediment, which over time accumulates and decreases the water depth. Aquatic weeds and nuisance vegetation decompose and create additional organic sediment. And the shallower the pond becomes, the more vegetation it produces—accelerating the aging process.

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