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FLORIDA RISING MAGAZINE – March Edition 2020

FLORIDA RISING MAGAZINE – March Edition 2020

  • Posted: Mar 06, 2020
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FLORIDA RISING MAGAZINE – March 2020
Condo, HOA, Property Management Industry Magazine

This Interactive Magazine gives you the ability to learn more from each Article, Advertising Company and Member within. With a click on any ad or page you can learn more about the company.

 

Click on the Cover to Read or click the link

Direct link to the magazine
https://joom.ag/n5iC

 

 

 

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ALERT: “Managing Your Residential Community & Common Housing Under the Threat of Covid-19”

ALERT: “Managing Your Residential Community & Common Housing Under the Threat of Covid-19”

  • Posted: Mar 05, 2020
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Managing Your Residential Community & Common Housing Under the Threat of Covid-19

by Donna DiMaggio Berger, Esq., Becker & Poliakoff

Managers are on the front lines of many challenging issues for private residential communities but managing a pandemic is uncharted territory for most. With the number of cases of Covid-19 increasing in Florida and the fact that Governor DeSantis has declared a State of Emergency, proactive community association management professionals are thinking about how this virus might impact their residential communities and what can be done to blunt the impact.

 

There is an increased risk of contracting Covid-19 for health care workers, individuals with respiratory and other underlying health issues, as well as the elderly.  Given the demographics in many shared ownership communities and particularly in “55 and Over” communities, managers should be prepared to contend with a fair amount of fear and confusion about the proper policies and protocols to follow to safeguard the community.

One of the first directives from a board may be to seal off the community as much as possible from outside exposure. The board may wish to limit guests, nonessential contractors and may even inquire as to whether or not residents who have traveled to high risk areas (China, South Korea, Iran or Italy) may be prevented from returning to the community.

Your first course of action is to calm some of the hysteria. If you think a directive sounds implausible, illegal or inadvisable, insist on contacting association counsel for a legal opinion regarding the proposed policy.

Overly restrictive protocol that unnecessarily impacts your residents’ freedoms and quality of life is not likely to withstand a potential legal challenge and also creates unnecessary strain in your community.  Prohibiting owners from having guests or undertaking renovation projects is not warranted at this time.

You can suggest that your members voluntarily reduce the number of guests they invite into the community but prohibiting guests altogether is not a viable option.  However, if your community’s governing documents prohibit short term rentals and you are aware that some owners are violating these restrictions under the guise of having non-paying guests when they are really renting out their units on platforms like Airbnb then working with counsel to curb this activity should be a priority. Limiting the amount of transient residents can reduce exposure.

It is also important to remember that not every private residential community will be impacted in the same way by the spread of Covid-19. In multifamily buildings where residents encounter each other frequently in the elevators, corridors and other common areas, the need to address preventative measures is much more pressing than in an HOA with single family homes and no enclosed common areas.

Draconian solutions to a problem often do more harm than good. There is no legal basis upon which you can prevent residents from returning to their homes. There is also no legal basis upon which you can deny a potential purchaser or potential renter who has recently traveled to a high-risk area.

Asking travel-related questions can have a chilling impact on the proposed transaction thereby exposing the association to a potential claim for interfering with a sale or lease.  Be sure to speak to association counsel before revising your application forms or asking intrusive questions during your interviews.

 

Since Governor De Santis has declared a state of emergency some boards may reasonably believe that the statutory emergency powers found in Chapters 718, 719 and 720 of the Florida Statutes have been activated. However, those powers were enacted to assist boards in dealing with post hurricane issues so applying them to a medical emergency would be a novel approach.

Don’t assume that your board can utilize the same emergency powers that are activated in response to damage caused by an event for which a state of emergency is declared; a legal opinion is needed before your board attempts to use any of the statutory emergency powers.

 

The board must continue to operate and administer the community’s affairs and holding regular meetings is a large part of that function.  Many boards regularly experience poor attendance at their meetings so there is little reason to be concerned about holding meetings unless you know that you have an active infection in your community. Boards that are concerned about having meetings can certainly use technology such as in-house cable channels or Skype to allow residents to view their meetings from the privacy of their homes.

 

If you wish to minimize the spread of Covid-19 or the flu, use all of your association’s communication channels (newsletter, email or text group, website, direct mail, and in-house cable channel) to remind your residents to wash their hands frequently. You may also wish to place hand sanitizer stations in high traffic areas in the community.  Advise your residents that if they are experiencing symptoms they should let you know and they should avoid using the recreational facilities such as the Clubhouse, pool and fitness room. Management professionals should follow suit and not report to work if they are feeling ill.

Let your residents know that if they are feeling ill or have any questions or concerns they can contact the Florida Department of Health’s 24-hour hotline that can be reached at ‪1-866-779-6121. 

Lastly, make sure you have updated emergency contact information for all owners including any residents who may be particularly vulnerable.  Covid-19 is the latest in a long string of challenges that those of us who serve community boards experience. This too shall pass but in the interim, prudence and caution is warranted.

 

Donna DiMaggio Berger is a Shareholder in Becker’s Community Association Practice in Ft. Lauderdale, Florida. She is a member of the prestigious College of Community Association Lawyers (CCAL) and is one of only 190 attorneys statewide who is a Board Certified Specialist in Condominium and Planned Development Law. As Founder and Executive Director of Becker’s Community Association Leadership Lobby (CALL), Donna has led various community association advocacy initiatives, working with legislators and other public policymakers on behalf of those who live, serve, and work in common interest ownership communities.

Donna DiMaggio Berger
Shareholder / Ft. Lauderdale
954.364.6031
DBERGER@beckerlawyers.com

 

Again here are some tips for your community and you!

It is not too soon for condominium, cooperative and HOA boards to be discussing the issue of Covid-19 with their residents. We’ve already suggested to our CALL Members statewide that the following protocol may be helpful:

  • Urge residents who have frequent guests to limit or reduce guest usage for the near future.
  • If there is Airbnb and other short-term rental activity occurring in your community that violates your governing documents, work with association counsel to curb that activity.
  • Place hand sanitizer stations in high traffic areas in the community.
  • Speak to association counsel before engaging in conversations with potential purchasers or potential renters about Covid-19 and their possible travel-related exposure.
  • Speak to association counsel about the applicability of emergency powers now that Governor DeSantis has declared a State of Emergency in Florida. Don’t assume that this means that your board can utilize the same emergency powers that are activated in response to damage caused by an event for which a state of emergency is declared.
  • Make sure you have updated emergency contact information for all owners including any residents who may be particularly vulnerable.
  • Let your residents know that if they are feeling ill or have any questions or concerns that they can contact the Florida Department of Health’s 24-hour hotline that can be reached at ‪1-866-779-6121.

 

 

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O&S Engineers & Architects, performed inspections and structural evaluation of the building’s exterior façade, roofs, and developed a repair program.

O&S Engineers & Architects, performed inspections and structural evaluation of the building’s exterior façade, roofs, and developed a repair program.

  • Posted: Feb 27, 2020
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O&S Engineers & Architects

Members of SFPMA: Find out more how we can help with your Florida buildings,  O&S Engineers & Architects 

 

O&S Engineers & Architects is a multi-discipline engineering and architectural consulting firm specializing in the assessment, design and restoration of high-rise communities, commercial buildings and parking garages. 

Since 1996, our staff of licensed professionals have consistently and successfully produced positive results on numerous projects ranging from small properties to large developments. O&S has an impressive portfolio in numerous markets. 

 

O&S provides:

  • 40/50 Year Recertification
  • Architectural Design
  • Structural & Civil Engineering
  • Mechanical, Electrical & Plumbing Engineering & Design
  • Capital Reserve Studies & Turnover Reports
  • Concrete Restoration
  • Building Envelope Design & Restoration
  • Balcony & Deck Restoration
  • Storm Damage Assessments & Inspections
  • Parking Garage Design & Restoration

For more information please follow us on social media or visit our website.

 

West Point Military Academy required a comprehensive structural assessment and exterior envelope renovation of the following buildings: Building 639, Water Treatment Plant, Scott Barracks, Eisenhower Barracks, The Fire House, and the Library Building. O&S Associates performed inspections and structural evaluation of the building’s exterior façade, roofs, and developed a repair program. O&S prepared repair drawings and technical specifications and made periodic observations of construction as part of construction management services.

The restoration of the buildings’ repairs was comprised of replacing the existing roofing with new cold-applied, built-up roofing, renovation of all exterior brick and stone façade elements, reconstruction of cracked and bulged brick masonry parapet wall, replacement of cracked and spalled brick masonry, removal and reinstallation of coping stones with new cap flashing, tuck pointing of brick and stone masonry, and installation of new windows, window sealants, and application of new surface sealer for the entire façade. Total cost of restoration was $14.2 million. O&S was selected to study the exterior envelope of several buildings at the West Point Military Academy and develop a repair program for a multi-year renovation project.

The existing roofing system at each building was deteriorated and leaking in multiple areas. All six buildings required a new roofing system. The total size of the roofs was approximately 800,000 square feet. The existing brick façade of building 639 needed extensive reconstruction. The water treatment plant, Eisenhower barracks, Scott barracks, and library building had ornate stone facade, cornices, and copings stones that needed careful design and construction.

 

Firehouse Building: The firehouse consists of a single-story, four-vehicle garage; a two-story center portion; and a single-story portion located to the left of the two-story portion. The garage portion and the single-story portion has a flat roof, and the two-story portion has a hip roof with roofing tiles (asbestos tiles). O&S provided the following repair program:

  • Replacement of flat roof
  • Removal and disposal of existing asbestos tiles at the two-story portion (asbestos abatement) and installation of new roofing shingles
  • Removal and reinstallation of precast coping stones with lead-coated copper cap flashing
  • Replacement of corroded lintels
  • Rebuilding of cracked corners
  • Tuckpointing of deteriorated mortar joints
  • Pressure wash clean and apply waterproof coating on inside face of parapet walls
  • Pressure wash clean brick facia and coping stones and apply water-repellent surface sealer
  • Remove joint deteriorated joint sealants and install mortar joints
  • Repairs were approximately $170,000

 

Building 639: Building 639 is an L-shaped building with five roof setbacks. The original building was built in 1937. O&S provided the following repair program:

  • Reconstruction of three corners with proper through-wall flashings and cap flashings
  • Existing limestone copings removed, saved, cleaned and reinstalled
  • Reconstruction of all other corners to introduce proper expansion joints at corners
  • Removal of about five courses of face brick or removal of limestone facia and reinstallation of the same after steel repairs
  • Replacement of deteriorated and/or spalled brick masonry as required
  • Introduction of two new vertical expansion joints on the North and South Building Elevations
  • Tuck-pointing of deteriorated mortar joints
  • Cleaning, sealing, and pointing of existing limestone copings
  • Cleaning by pressure washing and sealing the exterior brick masonry with clear penetrating water repellent sealer
  • Repairs were approximately $440,000

 

Wastewater Treatment Plant: The original water filtration facility was constructed in 1931. Several building additions have been made over the years in 1936, 1944, and 1945. O&S provided the following repair program:

  • Removal of all existing roofing and installation of new roofing
  • Removal of all coping stones, installation of new lead coated copper cap flashing, and termination of the roofing flashing underneath the cap flashing, and reinstallation of the coping stones with new anchors
  • Removal of sealants from the perimeter of all windows, doors, joints and openings and installing new sealants
  • Removal of delaminated concrete from walls and repair using polymer-modified mortar
  • Tuckpointing of cracked, deteriorated, and open wall joints
  • Repair of cracked corners of stone headers, sills, and stone trims around doors, windows, and openings
  • Replacement of rotted wood planking with new pressure treated plywood for roofing planks in Building B
  • Replacement of rotted wood beams with new beams in Building B
  • Repairs were approximately $570,000

 

Scott Barracks: The Scott Barracks consists of a main roof, approximately 166’ long by 46’ wide with three small high roofs. The rear parapet wall is 4’ high and the front and all other parapet walls are 7’ high. All walls are built with exterior stone facing and interior brick facing and with precast coping stones. O&S provided the following repair program:

  • Removal of precast coping stones, installing cap flashing, and reinstallation of the coping stones with new anchors
  • Removal of all sealants in mortar joints from the inside face of the brick walls and tuckpointing the brick facia as needed
  • Repair of precast stones that are chipped using repair mortars that match the stone
  • Repairs were approximately $245,000

 

Project Data:

O&S Associates was responsible for A/E Design, Construction Management, and Construction Administration on this 5-year Design/Build IDIQ at the United States Military Academy at West Point. The five-year contract included work at restoration work at multiple buildings around the campus. Most buildings were historic structures. The campus repairs included roof restoration, roof replacement, exterior wall restoration, asbestos abatement, waterproofing, and other related services. O&S also provided Construction Inspection services for the Waste Water Treatment Plant, the Library, the Firehouse, several barracks, and some educational buildings. Each set of buildings had different issues related to water infiltration. As part of the Design/Build team, O&S was responsible for ensuring the cost, quality, and schedule for the project.

 

Special Features:

O&S provided construction inspection services for multiple historic buildings at West Point Military Academy. Building 639 is an “L” shaped building with five roof setbacks. The original building was built in 1937. O&S provided a comprehensive repair program that included the introduction of two new vertical expansion joints on the North and South Building Elevations. The original water filtration facility was constructed in 1931. Several building additions have been made over the years in 1936, 1944, and 1945. O&S provided a complete replacement of the entire roofing system. O&S also provided services for other buildings at the West Point Military Academy Campus including the Library, Holleder Hall, Old Chapel Building, and the Eisenhower Barracks.

 

Owner:

United States Military Academy at West Point
Construction Cost: $14.2 million

 

 

 

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Leigh Katzman’s Law Firm,  providing Statewide Educational to Board Members and Community Association Managers (CAM’s) across the state of Florida

Leigh Katzman’s Law Firm,  providing Statewide Educational to Board Members and Community Association Managers (CAM’s) across the state of Florida

  • Posted: Feb 21, 2020
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Leigh Katzman’s Law Firm,  providing Statewide Educational to Board Members and Community Association Managers (CAM’s) across the state of Florida

Most of you reading this already know the names Bill and Susan Raphan and the mark they made on the Florida Condominium Ombudsman’s Office during their 7-year tenure.

For those of you who don’t know about this dynamic couple, here is their story. When Florida’s first Condominium Ombudsman, Virgil Rizzo, was appointed back in 2004, there was no money to staff the local South Florida Office. Bill and Susan were his first volunteers. They had been having problems in their own condominium and wanted to help others in similar situations. They worked for seven (7) months as volunteers, often returning calls from over a hundred people a day asking for help with their association-related issues, before the money was found in the State budget to finally pay them.

During their seven years with the Condominium Ombudsman’s Office they spoke with thousands of association members, directors, association managers, attorneys and legislators about the common and not-so-common issues that crop up when people live in close quarters and decisions are made by an elected body.

While some of the problems they confronted were not within their authority to address, others were successfully resolved as a result of their intervention. A patient set of ears, knowledge regarding the Statutes, Administrative Code and practices of the DBPR along with common sense and a dash of humor often helped put both Board Members and Owners with complaints on the right path. Was every problem solved? Absolutely not. Were many problems that could have resulted in time consuming and costly litigation successfully defused? Absolutely yes.

Bill and Susan had run a successful catering business for many years and, as a result, applied many of those same business principles to organizing the Ombudsman’s Office in an efficient manner especially given the shoestring budget under which they were forced to operate. They began an extensive education program at Broward and Palm Beach College as well as in Community Centers and Condominiums throughout the State. They facilitated the appointment of election monitors for approximately 90 condominium elections per year and educated almost 6,000 people in just their last year at the Condominium Ombudsman’s Office!

In 2011 they made the leap of faith and decided to join Leigh Katzman’s Law Firm as its Statewide Educational Facilitators. Today, the Raphans have been widely recognized for their role in providing Board Members and Community Association Managers (CAM’s) across the state of Florida with the highest-quality educational seminars for certification and continuing education credits. Bill and Susan were also featured in a front page article in the Wall Street Journal and have appeared on many TV and radio programs.

We are thrilled to have Bill and Susan as part of our team at Katzman Chandler and would urge you to experience one of their enjoyable and interactive educational classes for yourself.

For those of you wishing to contact Bill and Susan Raphan, you can reach them on their TOLL FREE HOTLINE @ 855-827-5542 or by email at WSRaphan@KatzmanChandler.com.

 

MEMBERS OF SFPMA: FIND COURSES FOR BOARD MEMBERS, MANAGEMENT COMPANIES ON OUR MONTHLY CALENDAR

NEW EVENTS ARE ADDED MARK YOUR CALENDARS FOR MARCH

 

 

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Central Florida Water Initiative Water Conservation Projects

Central Florida Water Initiative Water Conservation Projects

  • Posted: Feb 17, 2020
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CFWI

 

APPLY NOW FOR COST-SHARE FUNDING:

Central Florida Water Initiative Water Conservation Projects

Applications are now being accepted for a cost-share funding program to support the implementation of water conservation projects within the Central Florida Water Initiative (CFWI). This is part of the State of Florida’s efforts to identify and implement cost-effective strategies to protect the state’s water resources while meeting Florida’s water needs. Partnering with local governments and other large water users (such as agricultural, commercial, industrial, homeowner associations, and large landscape irrigation) to reduce water demands through implementation of water conservation projects is an important and effective way to help accomplish this goal.

In 2019, Governor DeSantis and the Florida Legislature approved statewide funding to develop water resource and water supply projects. Applications are now being accepted on behalf of the Florida Department of Environmental Protection for funding consideration for water conservation projects within the CFWI Planning Area (which includes all of Orange, Osceola, Seminole, and Polk counties and southern Lake County). The CFWI is a joint planning effort where the South Florida, St. Johns River, and Southwest Florida water management districts are working collaboratively with other agencies and stakeholders to implement effective water supply and water resource planning.

Eligible projects for consideration should be ready to implement water conservation technology programs that provide the most immediate and cost-effective benefits. Projects may be eligible for up to 50 percent cost-share reimbursement. The application process opens February 17, 2020 and closes March 27, 2020 at 5 p.m. To apply, click here.

For the latest information and details, visit sfwmd.gov/coopfunding. For assistance with the application process, applicants may contact any of the following District staff:

SFPMA.COM is Pleased to help with the Water Initiative Conservation Projects in our State. ( https://sfpma.com )

 

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HOW TO REMOVE TROUBLESOME TREES

HOW TO REMOVE TROUBLESOME TREES

  • Posted: Feb 17, 2020
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HOW TO REMOVE TROUBLESOME TREES

by Jeffrey Rembaum, Esq. KBRLegal

 

A great many streets in Florida’s residential communities are lined with oak trees. While they can look so appealing as a canopy, many of these trees can raise sidewalks and driveways. Their massive roots can grow into plumbing lines, cause various trip hazards and kill the grass, too.

Until recently, it was very problematic to remove these trees for a variety reasons. Moreover, it was also expensive  to deal with all of the governmental red tape caused, in many instances, by over zealous city officials, such as the city forester, who requires strict compliance with the community’s original landscaping plans, etc.  Well, the Florida legislature listened to stories of local government unreasonableness and did something about it to the great satisfaction of association members everywhere.

But, there is still a problem because many local governments refuse to accept that   House Bill 1159 was passed into law in 2019. This new law prohibits a local government from requiring a notice, application, approval, permit, fee or mitigation for the pruning, trimming, or removal of a tree on residential property when an arborist or landscape architect documents that the tree presents a danger to persons or property. As an important FYI, mangroves are exempt and all existing requirements for mangrove trimming, etc., remain steadfastly in place.

Apparently, the problem of local government personnel ignoring this new law is so pervasive that on January 7, 2020, the Speaker of the Florida House of Representatives, Jose Oliva, sent a memo to all Local Government Officials alerting them that they need to follow this new law and that the House of Representatives will be “diligent in executing its oversight responsibilities in order to protect the rights of property owners and to prevent illegal governmental actions that interfere with these rights. WOW!!!

If your community has a problem with tree removal caused by local government officials perhaps showing them a copy of the memo might help. Also, be sure to alert your association’s attorney to the problem so that they can intercede on the association’s behalf.

 

This new law is codified in s. 163.045, Florida Statutes and provides as follows: 

s. 163.045 Tree pruning, trimming, or removal on residential property.—

(1) A local government may not require a notice, application, approval, permit, fee, or mitigation for the pruning, trimming, or removal of a tree on residential property if the property owner obtains documentation from an arborist certified by the International Society of Arboriculture or a Florida licensed landscape architect that the tree presents a danger to persons or property.

(2) A local government may not require a property owner to replant a tree that was pruned, trimmed, or removed in accordance with this section.

(3) This section does not apply to the exercise of specifically delegated authority for mangrove protection pursuant to ss. 403.9321–403.9333.

 

View our Membership page on SFPMA and Legal Sponsors, with articles written each month in the Florida Rising Magazine – KBRLegal

 

 

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7 Reasons to Join Your HOA Board | SFPMA

7 Reasons to Join Your HOA Board | SFPMA

  • Posted: Feb 16, 2020
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7 Reasons to Join Your HOA Board | SFPMA

A voluntary role, serving as a board member in your homeowners’ association (HOA) does involve work—but you’d be surprised by the great impact you can have on your community. While the board of directors ensures the community and amenities are well maintained and property values are protected, they also must ensure that the association keeps a healthy financial position and that applicable laws are properly followed. It can be a tough job, but with tremendous rewards. Here are seven reasons to join your HOA board.

 

1. You have a passion for the community.

People who serve on their association’s board of directors do so to make a difference and get involved in their community. You must be willing to volunteer without compensation and view this as an opportunity to serve your neighbors and enhance the community’s assets.

2. You value relationships.

As a board member, you must spend time nurturing relationships with your fellow neighbors. Doing this will personalize leadership, build trust, and show that boards do more than enforce rules and measure budget performance. Positively connecting with residents will significantly impact governance and make the community a better place to live.

3. You see a bright future.

The board is responsible for the direction of the community, but establishing a direction involves developing a plan. Beyond having a vision, board members must consider what needs to be accomplished in the next year or two, what projects need to be taken on, and what services need to be offered for the association to fulfill its legal obligation to members.

4. You’re ready for a long-term commitment.

Involvement in one or more of your association’s committees is usually a stepping stone to becoming a board member. While many committees typically have a shorter lifecycle, they’re a great way to learn how the association works. Most board members must commit to a one-year term, but may serve on the board for a longer amount of time if they’re reelected. Consult your community’s governing documents for additional details about term limits and election cycles.

5. You have a positive mindset.

Your time of service on the board can have its ups and downs, but it’s crucial you stay positive through it all. A team player, you can support your fellow board members and stand firm behind the decisions the board makes collectively. Homeowners often look to board members for guidance, so it’s essential to encourage positivity.

6. You feel inspired by the board.

A successful board of directors does more than hold meetings and enforce rules. An effective board is welcoming, encouraging, and transparent. Board members lead by example, and it’s their duty to promote the benefits of the association and foster an environment that people can see themselves in.

7. You enjoy seeing people fulfill goals and accomplishments.

One of the best ways that board members keep homeowners engaged in their community is by showing appreciation. Thanking your community association manager, fellow board members, committee members, and homeowners for their volunteer services and community efforts is something that should come naturally to a board member. Frequently recognizing and publicly acknowledging the efforts of community volunteers isn’t just the right thing to do, it also increases gratitude through the community.

Thanks to our Friends at Associa for this article.

Board Member Education

Find Board Member Educational Courses from our Members on SFPMA.  Check back often, as new courses are added every day.

While serving on the board doesn’t require any previous experience, there is a learning curve to the job. You’ll need to become educated on the governing documents of your association, the needs of your homeowners, and the financial standing of each project.

 

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HonestESA INITIATIVE STARTS NOW!

HonestESA INITIATIVE STARTS NOW!

  • Posted: Feb 04, 2020
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HonestESA INITIATIVE STARTS NOW!

As previously reported by CALL, two bills are making their way through committee in the Florida House and Senate. House Bill 209, sponsored by Representative Killebrew and Senate Bill 1084 sponsored by Senator Diaz, aim to protect disabled Floridians and curb some abuses related to emotional support animals (“ESAs”). Growing frustration over perceived illegitimate ESA requests unites Florida community associations. Fraudulent ESA requests harm not only community associations by forcing them to spend limited resources and precious time evaluating sometimes blatantly fraudulent documentation but also harm persons with a legitimate disability-related need for an ESA. Click here to read the bills.
 
 
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A PROPOSED AMENDMENT TO THE LAW THAT HAS DANGER WRITTEN ALL OVER IT

A PROPOSED AMENDMENT TO THE LAW THAT HAS DANGER WRITTEN ALL OVER IT

  • Posted: Feb 03, 2020
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Until now, you couldn’t sue an association for a violation of these rights inasmuch as the action by the association did not constitute “state action.”  This new statute changes all that if it passes and will open a Pandora’s box and flood of litigation between associations and their owners.

By Eric Glazer, Esq. 

Published February 3, 2020

Two weeks ago, I wrote to you about House Bill 623 that is making its way through The Florida Legislature.  Another change to the law currently included in the bill is the following language:

718.112 Bylaws.—

(1) GENERALLY.—

(c) Any provision of the declaration, the association bylaws, or reasonable rules or regulations of the association which diminish or infringe upon any right protected under the Fourteenth Amendment to the United States Constitution or Art. I of the State Constitution is void and unenforceable without further action of the association. The association may record a notice in the public records of the county in which the condominium is located evidencing its intention to not enforce such provision. The failure of the association to record a notice in the public record may not be the basis for liability or evidence of discrimination or a discriminatory intention.

To simplify, the 14th Amendment made The Bill of Rights (The first ten amendments to the Constitution) applicable to the states.  So this law basically says no provision of your governing documents can infringe upon the rights you have under the Bill of Rights.  All of you know several of these rights such as the right to free speech, freedom of assembly, and freedom of religion.

There is plenty of law out there that says when you move into an association, you may give up some of the rights you may ordinarily have in your private home. You do this by agreeing to be bound by the governing documents.   For example, courts have upheld the rights of Florida associations to prevent the use of the common elements for religious purposes, allowed associations to impose reasonable restrictions on speech through time limitations at meetings, impose restrictions on placement of political signs on the property or even placement of religious symbols in excess of certain sizes on your windows and doors.

The adoption of this proposed amendment by The Florida Legislature may throw all of these restrictions into doubt, including another one I haven’t mentioned yet.  The Second Amendment is the right to bear arms.  Inasmuch as Florida law allows associations to prohibit alcohol use on the common elements and prohibit religious ceremonies on the common elements I always opined that the association had the right to ban weapons on the common elements via a rule. If this proposed amendment passes, no way would an association be allowed to ban guns from the common areas.

I have serious concerns that if this amendment passes, associations will potentially be embroiled in case after case, where the association attempted to impose all of the reasonable restrictions mentioned above, and unit owners taking the position that the association is prohibited from doing so because it violates their constitutional rights.  Until now, you couldn’t sue an association for a violation of these rights inasmuch as the action by the association did not constitute “state action.”  This new statute changes all that if it passes and will open a Pandora’s box and flood of litigation between associations and their owners.

If you are a believer that associations are notorious for not providing their owners with rights guaranteed by the U.S. Constitution, this new proposed law may not bother you.  If on the other hand you believe that the association should still be able to impose reasonable restrictions in order for all of us to live in harmony with each other, this new law should bother you.  A LOT.

 

 

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Five tips for new HOA board members

Five tips for new HOA board members

  • Posted: Jan 16, 2020
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Five tips for new HOA board members, From our friends at Vesta Property Services.

Welcome to the board! Being a new HOA board member, you are going to be wearing many different hats and stepping into a few challenging roles to help make sure your HOA is running smoothly. Now that you’ve been elected, the big question is…What’s next?

For many newly elected board members it is their first time in the position, presenting a pretty steep learning curve. Lucky for you, Vesta has a few tips to get you more comfortable in your new position.

Just follow these board member basics and you’ll have all the tools you need to become the best board member you can be! 

1. Understand your role

While you volunteered for this position, you also should realize that it is not to be taken lightly. The board is responsible for the management of all aspects of the association. You are a key element in ensuring that your association continues to operate and that all of the residents are happy with the HOA they chose to live in. Vesta has an article on understanding the roles of the HOA board that you can read here.

The best way to quickly learn how your association achieves these goals is to read your association covenants, by-laws and other governing documents. Don’t be afraid to ask veteran board members about their responsibilities and the minutia of the job. Often experience is the best teacher, so talking to seasoned board members is a great way to figure out what to do and more importantly, what not to do.

 

2. Team up with a great property management company that you can trust

If your board works with a property management company that you trust to do right by your community, you can use them as a resource to help you ease into your new role! Working effectively with your management company is a great way to make sure you’re getting everything you can out of what they offer.

Having a close relationship with your HOA’s CAM will open doors for you and the rest of your board that will lead to efficient and effective methods of management. As a part of their services, your CAM should be providing you and your residents with clear communication in enforcing your association’s policies and assisting with your budget, financials and even managing your vendors!

3. Participate

If you want your board to be effective, all board members should be participating, both during and between meetings. Make sure you’re going to every meeting you can, volunteering for projects and taking an active role in the management of your community.

Everyone on the board should be doing whatever they can to make every meeting count. When a meeting is run poorly, more issues are created than solved. While making sure your meetings are productive can be a tall order, it can really be as simple as following procedure, reading the agenda, keeping accurate minutes and reviewing what was discussed at the end of the meeting.

You can find some tips about leading productive board meetings here.

4. Communicate

Many of your neighbors will probably agree that communication between the board and community is vital to the success of a community. Transparency is necessary if you want to maintain a positive relationship between your board and your neighbors. Make sure you keep your community informed about issues, ideas and changes that are going on in the community you both live in.

5. Take advantage of the Community Associations Institute 

In their own words, CAI is an international membership organization dedicated to building better communities. CAI serves community associations by providing guidance through seminars, workshops, conferences and education programs for community managers and other industry professionals.

CAI offers many educational services including online training and in-person workshops that you can attend. Many property management companies also host board certification classes that you can attend

Volunteering for your community is rewarding and challenging; it’s important to take some time now to learn about your role as a board member and how to best serve your association. Following these guidelines is a great way to ensure your transition is smooth and that you enjoy your time on the HOA board!

 

 

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Association Foreclosures Are Obsolete

Association Foreclosures Are Obsolete

  • Posted: Jan 10, 2020
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Association Foreclosures Are Obsolete

The Foreclosure Process and How HOAs Recover Money

In a condo or HOA the normal method to collect delinquent maintenance fees is to send an owner to the attorney. The attorney will then move the process through the courts. This means foreclosure for delinquent maintenance fees. The object is to foreclose and take “intervening title” on properties.

It’s “intervening title” because in most cases the unit still has a mortgage. Soon enough the lender is coming for their collateral. The association can hold title but they cannot sell the unit as it may have a debt attached to it. With luck the association can get this title without too much expense and rent out the unit. That is the only way the association can recover money if somebody does not bid the unit when it goes for sale.

The association foreclosure worked in the past but now it is becoming obsolete.

The rental revenue may cover losses for maintenance fees. It may also cover the rehabilitation of the unit, commissions and marketing of the unit to a renter. There are also the legal costs & fees that the association spent to get the title.

With luck the association can hold on to this unit long enough to recover their money. Its a hard way to recover delinquent maintenance fees. It is also an obsolete maneuver to foreclose to recover money.

This is how it has always been, especially during the real estate meltdown of the last decade. Now, the times they are a changing.

 

New Law Proposed in FL Removes Ability for Associations to Collect Rents

In Florida, an amendment to Florida Statute § 697.07 has been proposed. This new law will entitle banks to step in and take those rents. In essence this completely neutralizes the benefit of foreclosure for community associations.

Delinquent maintenance fees, legal costs, late fees, late interest will remain a loss. Only the lender will benefit when an association forecloses. In other words there will be no good reason for a community association to foreclose on a unit. They will not be able to monetize it should they prevail in court.

These are not isolated events but a trend. Banks may be slow learners but they will always make decisions that will benefit their bottom line in the end.

 

 

New Law Proposed in SC Removes Foreclosure as an Option for HOAs

In South Carolina a bill pre-filed this month would prohibit HOAs from foreclosing at all. This bill would strip this power from associations. “Real property used as a primary residence may not be sold if the action was instituted by a homeowners association attempting to collect unpaid dues, fee, or fines”, the proposed bill states.

These are not isolated events but a trend. Banks may be slow learners but they will always make decisions that will benefit their bottom line in the end.

Association foreclosures are likely to become less common nationwide. This is a good thing! Community associations and their attorneys have long abused this power. Small debts get inflated with legal fees, and the case gets moved to foreclosure. Ultimately this does little to benefit the association.

Eliminating foreclosures will limit community association’s power to collect delinquent assessments. Fortunately, there are other alternatives to recovering delinquent maintenance fees.

 

The Real Estate Meltdown is Over, But We’re Acting Like It’s Still Going On

People are fallible and don’t always manage their financial affairs well. Such people need a wake up call, NOT their home confiscated.

In 2009, during the height of the real estate meltdown, many properties did not have equity. Originally purchased by “Flippers and investors,” many were simply abandoned. Banks were stalling foreclosure and these properties were sitting there rotting. In those times it made good sense for the association to rush to the courthouse and foreclose on delinquent units.

Today most homes have equity and are appreciating in value. It’s unlikely the current owners would let the property be taken from them if they can avoid it. If equity outweighs the debt it would be foolish to lose a property. Most units delinquent in their maintenance payments will pay without legal intervention.

 

A Viable Alternative to Foreclosure Is Available for Smart Community Associations

Eliminating foreclosures will limit community association’s power to collect delinquent assessments. Fortunately, there are other alternatives to recovering delinquent maintenance fees.

Retaining a collection agency that specializes in community association debt is becoming an increasingly popular option.

Many collection agencies work on a contingency basis, while Lawyers get paid regardless of the outcome of the cases they take. This means collection agencies are much more motivated to seek a timely resolution.

 

Less Negative Impact on Community Members

Strategies employed by debt collectors have a much lower impact on your community. With a strategy of engagement and education, these agencies are looking to resolve issues and improve communications within the community. This is done with the use of proper notifications, outbound calls, credit bureau reporting, letters sent to mortgage holders, placing of liens, and other techniques.

Frankly, association foreclosure on delinquent owners is obsolete. Even without the change in the laws this method to collect on delinquencies needs to be reconsidered.

It’s time for management companies and boards of directors to think how the future collects and engage specialized collection companies to collect delinquent condo and HOA debts.

 

 

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