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Axela Technologies Welcomes New President of Business Development After 600% Growth in 2019…

Axela Technologies Welcomes New President of Business Development After 600% Growth in 2019…

  • Posted: Jan 10, 2020
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Axela Technologies Inc, a specialized collections company servicing Community Associations, announced today the promotion of longtime industry expert Mitch Drimmer to President of Business Development. The appointment comes as the company exceeded 600% growth in 2019 under Drimmer’s leadership.

Axela Technologies, a specialized collections firm servicing the community association industry, has promoted Mitchell Drimmer to President of Business Development. This promotion was precipitated by strong growth in Axela’s collections division in 2019. In his new role, Drimmer will spearhead the formation of a national sales team as the company continues to enter new markets.

In his prior role as VP of Business Development, Drimmer worked with community associations and their management companies to introduce innovative strategies to collect delinquent maintenance fees. Under Drimmer’s watch in 2019, the company expanded operations, and grew its’ client base by over 600%. He has traveled nationwide, speaking at industry events and educating community association managers about the most effective ways to address the ever-present issue of delinquencies, solidifying his position as a thought-leader within the industry.

“Mitch has done a fantastic job getting the word out that there is a new and better way to recover delinquent fees,” says Martin Urruela, CEO of Axela. “He is committed to helping community associations and their managers adopt new technologies to better run their communities and businesses. Above all, Mitch is a fantastic communicator and teacher, and cares deeply about the success and well-being of the communities that we serve”.

Axela believes that legal action and foreclosure should be the measure of last resort when addressing association delinquencies. Through proprietary technologies that automate and streamline the process, Axela customers can escalate a unit to collections easier than ever to start seeing results immediately.

“In the United States, we have over 73 million people living in associations paying almost $100bn in annual assessments. A large percentage of which goes uncollected due to simple process inefficiencies,” states Drimmer. “Our mission at Axela is to ease the burden on managers and boards with the best collection solutions available in the market. It works; as evidenced by the fact that less than 5% of our collection files move to foreclosure. And did I mention we’ve never lost a customer?” quips Drimmer.

Drimmer has worked for Axela Technologies since early 2018, joining the company as the first business development executive. He earned a Bachelor of Arts in History from Hunter College in New York City, and has worked in the community association collections space since 2007.

 

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Please take the time to review the information provided in Florida Statute 316.2122 which governs Low Speed Vehicle use

Please take the time to review the information provided in Florida Statute 316.2122 which governs Low Speed Vehicle use

  • Posted: Dec 30, 2019
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Please take the time to review the information provided in Florida Statute 316.2122 which governs Low Speed Vehicle use and provides certain restrictions. A few of the most important are:

1. Low speed vehicles can only be operated on roadways with a speed limit of 35 MPH or less.

2. Low speed vehicles must be registered (Tag) and insured as with any motor vehicle.

3. To operate a low speed vehicle, you must have a valid drivers license in your possession.

4. Low speed vehicles must be equipped with all safety equipment such as, headlights, tail lights, seat-belts. mirrors etc..

5. Low speed vehicles are subject to all traffic regulations as provided by Florida Statutes and must be registered and insured.

**REMINDER** “Unregistered” golf-carts traveling anywhere within the City is never permitted except when traveling to and from a nearby golf course on a municipal street authorized by the governing municipality and as provided for in Florida Statute 316.2122.

 


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Community Associations Threatened With Website Litigation Under the ADA

Community Associations Threatened With Website Litigation Under the ADA

  • Posted: Dec 30, 2019
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Community Associations Threatened With Website Litigation Under the ADA

In the last few months, a growing number of community associations across Florida are being threatened with litigation because their websites are allegedly not friendly to visually impaired users.

  • So what does pizza have to do with a community association website?

Frankly, not a darn thing. It appears that the lawyers and firms threatening these specious lawsuits are conveniently conflating the obligations found under Title III of the ADA for places of public accommodation with the different set of obligations found in the Fair Housing Amendments Act (FHA) for housing providers.

Or, these lawyers are simply trying to avoid application of the ADA altogether since most private residential communities are not considered places of public accommodation. The ADA requires that every owner, lessor or operator of a “place of public accommodation” provides equal access to users who meet ADA standards for disability.

These lawsuits are attempting to apply the ADA standards for websites to housing providers impacted by the FHA.

These threatened website lawsuits are uniform in style (mostly forms sent in mass) and generally allege that a “tester” was unable to navigate an association’s website, resulting in a discriminatory impact on those who are visually impaired.

The suits allege that community association websites were not accessible to visually impaired persons thus violating the FHA. Community associations are considered housing providers under the FHA and, as such, must make reasonable accommodations for residents and guests with verifiable disabilities.

This is true in the realm of service and support animal requests and these new website lawsuits attempt to expand that obligation to include visually impaired visitors to an association website. It is curious that these testers did not reach out first and request that the allegedly deficient websites be modified for a visually impaired person to more easily navigate the site. Instead, demands are being summarily sent to community associations statewide who have websites in an attempt to reach a quick settlement.

The demand letters offer a conditional release for payment of “reasonable attorney fees” because the attorney sending the letter claims the firm is entitled to compensation for work completed to investigate, research and determine the community association’s noncompliance.

Of course one cottage industry begets another. In addition to a handful of law firms who believe they can generate some revenue with these tester lawsuits, we now also have a number of companies advising communities that they can make their websites compliant for fees ranging anywhere from $2,000-$5,000 and annual hosting around $300-$1,000 per year.

In actuality, the cost depends on the content and functionality of the website including the number of features that must be optimized for the visually impaired. There are also some solutions that are free depending on the website platform.

Many of the demands and threatened lawsuits appear to lack any merit and seem to be merely an attempt to obtain a quick settlement payment from community associations or their insurers.

Many of the communities who have been threatened have website features that are password-protected, are accessible only to owners, or don’t have the features that are the subject of the complaint, so the allegations appear to be specious.

While we can debate the merits of these tester lawsuits and even seek legislative clarification in the upcoming 2020 Legislative Session, in the interim, associations with websites need to speak with experienced counsel to confirm whether or not their association’s website must have the necessary software for disabled users.

This confirmation is particularly important if your community uses its website to list properties for sale or lease. As for the attorneys who have decided to send out these blanket demands without the benefit of further investigation, let’s hope they have a change of heart when associations push back.

Donna DiMaggio Berger is a board certified specialist in condominium and planned development law, a shareholder at Becker Law and the executive director of the Community Association Leadership Lobby.

 

 

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Failure to communicate can lead to a manager’s failure

Failure to communicate can lead to a manager’s failure

  • Posted: Dec 27, 2019
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Failure to communicate can lead to a manager’s failure

Since I work closely with management professionals, one of the more difficult questions I routinely face from community association leaders is how the community should go about the process of selecting a new community association manager. It causes me great concern when I first hear that a community is thinking of changing managers as most of them I know are conscientious and hard-working individuals who truly give their all for their clients. My first reaction is to ask the board members why they are even considering changing managers. Among the more common answers I hear are:

 

  • Too many residents complain of the manager not getting back to them after an issue is reported
  • Projects aren’t getting done on time
  • This manager is charging us too much for the service provided
  • It just isn’t working out

The follow-up comment I usually get is to “please not tell the manager” that we are looking to replace him. While I understand this sentiment, the secrecy between board and community association manager highlights the much larger problem to me. Quite simply, there has been a failure of communication between all parties involved. Unfortunately, it is often the association manager who becomes the scapegoat for this communication failure and will lose not only a client but also valuable income for years to come. That is why it is in every association manager’s best interest to be proactive in his managed communities’ communication efforts. A well-informed client is a happy client.

Communicating with board members is simple enough. Association managers already attend numerous board meetings, annual meetings and even committee meetings. However, with the exception of those homeowners who attend the annual meeting, most residents are largely unaware of the professional who manages their association. Worse still is that the only communication some residents ever receive from their association manager is a notice of a rules violation or a fine. That is why communication tools such as letters, e-mails, newsletters, community websites and even social media are vital to helping association managers properly communicate with the vast numbers of residents whose communities they manage.

 

Of course, there are numerous other advantages to establishing and maintaining great communications within the communities you manage. Better informed residents tend to be better behaved residents. You can use your communication efforts to build civic pride and create a better sense of community. Perhaps, most importantly, successful communication efforts create loyal clients. Wouldn’t you rather have the board come to you to discuss management shortcomings such as those listed above instead of going out shopping for a new manager behind your back? Of course, you would!

 

Taking the time to produce great communications is not always at the top of a busy manager’s “To Do” list. Understandably, there are numerous distractions and emergent matters to deal with. However, if you neglect a community’s communication needs, don’t be surprised to learn your clients have been secretly looking to replace you. You can avoid that disappointment by making communications a top priority. If you need help telling your story, don’t be afraid to seek out an expert. Communicating with your clients is the best way to assure they will stay loyal to you for years to come.

 

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Big News Happening Now! PayProp Manage and Collect Rents! Attn: Property Managers, Landlords and Property Owners

Big News Happening Now! PayProp Manage and Collect Rents! Attn: Property Managers, Landlords and Property Owners

  • Posted: Dec 12, 2019
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Big News Happening Now > Attn: Property Managers, Landlords and Property Owners

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PayProp: Partnering with SFPMA offering services to our members and our Industry in Florida then all across the United States.  Frank J Mari / Executive Director of SFPMA

 

 

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ZUUL Systems is excited to announce it will be adding a resident lane to all participating communities

ZUUL Systems is excited to announce it will be adding a resident lane to all participating communities

  • Posted: Dec 12, 2019
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ZUUL Systems is excited to announce it will be adding a resident lane to all participating communities – available at no extra monthly cost!

Over the past few months, we’ve spoken with countless property managers in order to learn how to better serve the needs of our users. Many expressed concerns regarding a one log-in system to track all gate activity for both guests and residents. ZUUL Systems is just that: an all-in-one control system, database, and login that’ll take care of all your gate access control needs.

ZUUL’s resident lane is currently compatible with both AWID and MAXTEK RFID readers and transponders. Simply import the vehicular and transponder data into our database, and you’re all set.

Additionally, we have decided to extend our beta pricing until March 31, 2020. We want to ensure our clients have enough time to make a confident, informed decision, not a rushed one. We offer our product FREE for six months, with no contracts thereafter.

Call one of our team members today at 561-501-3539, and learn how ZUUL Systems is the solution your community needs.

The wait is over. ZUUL Systems is here.

Adam Lucks CEO
ZUUL Systems

View our Membership Page and Contact Us  ZUUL Systems

New Advances COMING IN 2020..
ZUUL Key
Traffic camera integration
Enhanced ID validation with DMV
2FA for ALL Admins

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Setting the Ground Rules for Community Association Committees

Setting the Ground Rules for Community Association Committees

  • Posted: Nov 29, 2019
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Setting the Ground Rules for Community Association Committees

Not enough community association boards make effective use of committees. Committees can be very useful when it comes to providing recommendations to the board and assisting the board with carrying out its duties and responsibilities. However, many associations do not take the time to establish committees or set parameters for their work so that committees may assist in the operation of the association.

Setting up committees is the responsibility of an association’s board of directors. The board must appoint the members of each committee at a properly noticed board meeting, during which the directors should provide instructions and set parameters for the scope of the committees’ responsibilities.

One of the best approaches is for boards of directors to use their annual meetings to establish various committees, appoint committee members and establish areas of purview for each. Each committee should have at least three members.

With the exception of the rules enforcement committee, board members may also serve as members on committees. Many associations choose to have a board member on each committee along with two non-director volunteers, as this enables the board member to keep their fellow directors abreast of the committee’s work and progress.

The only committee that is required by law for Florida community associations is the rules enforcement committee, which is also often referred to as the fining, violation or grievance committee. Associations that wish to levy fines and impose the suspension of use rights for violations must utilize such a committee to do so. Per Florida law, this committee cannot be comprised of board members or spouses or relatives of board members in order to maintain its independence from the board.

Fines or suspensions may only be imposed after the association provides at least 14-days written notice to the owner, occupant, licensee or invitee to be fined or suspended, and they must be provided an opportunity for a hearing before the rules enforcement committee. During these hearings, the committee should hear and evaluate the alleged violator’s side of the story behind the underlying fine. The hearing should be closed to all members except for the alleged violator and the corresponding unit owner, should the violator be their tenant. At its conclusion, the committee members should vote on whether to confirm or reject the fine or suspension levied by the board, which requires a majority vote to be imposed.

The other most common types of committees are the budget committee, which assists the board with creating the annual budget, and the architectural review committee, which is typically charged with reviewing any requests for construction, improvements or alterations taking place on association property or within a unit or exterior of a lot.

By utilizing committees and ensuring that they are staffed by dedicated volunteers, associations can facilitate their operations while also avoiding overburdening board members with too many issues and responsibilities. When first establishing committees, boards of directors would be well advised to consult with highly qualified association legal counsel regarding their creation and setting forth the scope of their responsibilities.

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Creating Quality Board Meeting Agendas and Minutes

Creating Quality Board Meeting Agendas and Minutes

  • Posted: Nov 29, 2019
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Creating Quality Board Meeting Agendas and Minutes

Board meeting agendas and meeting minutes are a key part of condominium associations’ official records. For unit owners not actively involved with the association, they are the primary way to follow along with the board’s activities. Given this, it is important that the board produce quality agendas and meeting minutes. Generally, these two documents should provide sufficient detail so that a unit owner with no previous knowledge of the property will understand what the board is considering and the reasoning behind board actions. Agendas and meeting minutes are also reviewed by the association’s CPA during audits, and are some of the primary documents the Department of Business and Professional Regulation (DBPR) examines to resolve complaints against associations. Lastly, new managers or board members use meeting minutes to obtain insight into past association issues. In sum, having detailed agendas and meeting minutes can prove invaluable.

There is significant confusion around how agendas and meeting minutes should be formatted, and what information they must contain. The Florida Statutes provide little guidance on these topics, leaving it to the boards and their managers to determine what is appropriate. Many standard formats (i.e., Robert’s Rules of Order) are used and often the community’s bylaws will provide guidelines. The board is obligated to follow any agenda, meeting minutes or board meeting format requirements outlined in their governing documents. That being said, if your documents indicate that Robert’s Rules should be followed, the board should review these Rules and make reasonable decisions about how to apply them to a casual condominium board meeting. For example, there is no need to stand to make a motion and no need for the president to recognize a board member before they speak despite what Robert’s Rules tells us.

 

Agendas

Florida Statute 718.112(2)(c) provides the following agenda requirements:

  • All regular board meeting agendas must be posted visibly on the condominium property at least 48 hours in advance of a meeting. NOTE: Members’ meetings (e.g., annual meeting), budget meetings and certain other meetings require additional advanced notice.
  • If there is no condominium property available where notices may be posted, the board must mail or email (if electronic consent form has been received) the agenda to all unit owners 14 days in advance of the meeting.
  • The board must adopt an official location for posting agendas on property.
  • Any item that will be discussed by the board at a meeting must be listed on the agenda.
  • If 20% or more of a community’s members petition to have an item on the agenda, the board must add this item to an agenda within 60 days of receipt of the petition.
  • Board meetings held in the event of an emergency may be held without a previously posted agenda.
  • Items not listed on an agenda may be taken up at a meeting on an emergency basis by a vote of a majority plus one of the board members.

NOTE: The DBPR has reprimanded associations for holding “emergency” meetings and discussing “emergency” items that are not true emergencies. If the board can wait 48 hours for proper notice to be posted before discussing the item, then the board should do so.

The above Florida Statute requirements do not provide any guidance on how a meeting agenda should be structured. This is up to the board to decide.  I recommend that an agenda format be approved by the board and used consistently. To better inform the unit owners, I also recommend that the agenda include a brief sentence on the purpose of each agenda item. For example, an agenda may list “Landscaping” as one of the items but to a unit owner that may mean very little. An agenda item like this is much more informative: “Landscaping: the board is considering proposals to replace all plants surrounding the front fountain”. Most management companies have their own agenda formats but the board can certainly request changes to that format.

Below, I have listed the primary sections of a board meeting agenda with some guidance on each item. They are listed below in the order which I would recommend they be listed on the agenda and addressed at the meeting.

 

1.     Meeting Date, Time and Location:  This information must be included on every posted agenda.

2.     Call to Order, Proof of Quorum, Proof of Notice & Roll Call: This item should be the first item at every meeting and is primarily a formality. The president will call the meeting to order, specify the time, and confirm that the agenda was properly posted at least 48 hours in advance of the meeting. The board members present should state their names and positions to confirm a quorum has been obtained.

3.     Special Speakers or Guests: Sometimes boards will request special guests attend a meeting. For example, the association may request that its insurance broker come to a meeting to discuss insurance policy renewal. I generally recommend listing any agenda items relating to guests at the top of the agenda so that the guest may conduct their business and then leave without having to sit through a long meeting.

4.     Prior Meeting’s Minutes: Minutes from the previous board meeting should be reviewed and approved by the board. If your community follows Robert’s Rules, they are required to be read aloud. To avoid this, the board should receive and make changes to draft minutes in advance of the meeting. If done this way, they do not need to be read aloud. Getting draft minutes to the board for review within a few days of a meeting really helps with accuracy as the information is fresh in the members’ minds.

5.     Manager/ Board Member/ Committee Reports: If the manager, a board member (typically the president) or committee head wishes to provide an update on specific items, they should be listed on the agenda. Further, I would recommend a brief listing of the topics they will discuss. Just listing “President’s Report” could be used as a catch all agenda item during which the president/ board may talk about any association topic. In my opinion, this does not comply with the spirit of the Florida Statutes.

6.     Treasurer’s Report/ Financial Statements Review: The association’s most recent monthly (or quarterly) financial statements should be reviewed and approved at each meeting. Any items the board may need to vote on relating to collection efforts (e.g., a vote to lien a unit) should also be listed as an agenda item (specific unit numbers may be listed).

7.     Amenities Use & Voting Rights Suspensions: As discussed in this post, boards must vote to suspend the amenities use rights or voting rights of unit owners in arrears. As such, this should be listed as an agenda item (specific unit numbers may be listed).

8.     Unit Owner Comments/ Questions/ Concerns: As discussed in our post on unit owner rights at board meeting, unit owners have the right to speak on any agenda item. I recommend listing an agenda item specifically for this purpose near the beginning of the meeting.

9.     Old and New Business: This section should include any business the board wishes to discuss. Keep in mind that the agenda should include all discussion items not just those that the board plans to take a final vote on at the meeting.

10.  Email Vote Ratification: While boards should try to avoid voting by email entirely (see this post for more information), if the board does vote via email I recommend that the item be included in the next meeting’s agenda and ratified at the meeting.

11.  Adjournment: Similar to #2 above, this is a formality. The time of adjournment should be specified.

 

 

Meeting Minutes

According to Florida Statute 718.111, meeting minutes must be taken for each board meeting. In my opinion this includes those meetings not open to unit owners (though minutes should be brief). Further, minutes must be retained for at least 7 years and must include how each board member voted on each item including if the board member abstained from voting. These are the only requirements for meeting minutes per Chapter 718. Robert’s Rules provide guidelines on preparation of meeting minutes but otherwise the style and content of the meeting minutes is up to the board.

We recommend the following as it relates to constructing meeting minutes:

  1. Use the meeting’s agenda as a base for the meeting minutes.
  2. Include meeting start and end times.

  3. List the board members, unit owner and other guests in attendance (including those present by phone)

  4. Record the meeting and listen to the tape while drafting the minutes to ensure accuracy. Tapes may be destroyed once meeting minutes are approved.

  5. Ensure the minutes are sufficiently thorough for a unit owner not present at the meeting to understand what actions were taken by the board and why.

  6. Transcribe the specific wording of each motion including who voted in favor of or against the motion.

  7. Include any identified board member or manager conflicts of interest.

  8. Briefly summarize any discussions the board had that did not end in a vote.

  9. Do not include board member quotes or the specific opinions of one board member (unless requested by the board member).

  10. If email votes were ratified at the meeting, Include copies of the email chain showing the vote with the meeting minutes.

The board of my association has begun attaching a “status update” document to our meeting minutes which I think is very helpful. This document specifies what actions have occurred on each agenda item from the time of the last meeting to the time of the current meeting. For example, if in last month’s meeting the board voted to re-landscape an area of the property, the “status update” document (which is provided to the board for review and approval at the current meeting along with the draft minutes of the prior meeting) would state something like: “Landscapers removed all old plants and have replaced all irrigation piping. New plants are scheduled to be installed next week”. This provides and straightforward way for unit owners to obtain updates on the status of past agenda items.

 

 


NOTE: This post reflects our opinions and ideas and should not be taken as legal advice or professional guidance. References to language in the Florida Statutes or Florida Administrative Code are based on our reading and laymen’s interpretation of these documents. As always, we strongly encourage you to consult with legal counsel regarding the interpretation of law.


 

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Rental Property Expenses are deductible only in the year they are paid…

Rental Property Expenses are deductible only in the year they are paid…

  • Posted: Nov 26, 2019
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End of year Taxes for your property

While tax returns aren’t due until April, to minimize your tax burden the strategy of accelerating rental property expenses should be considered now, property owners, should start deducting these expenses this year could be more important than ever, especially if you’re affected by the new Affordable Healthcare Act tax.

Under the Act, if your modified adjusted income exceeds $250,000 (filing jointly) then you’ll pay an additional 3.8% tax on any rental income or other passive income above that amount. Rental property expenses are deductible only in the year they are paid, so December is your last chance to pay for any rental property-related expenses that you want to deduct this year. Additionally, you can pay your expenses in advance, so consider paying in December some expenses due next year (such as a mortgage payment, property taxes, or utility bills) to offset this year’s income.

As far as rental income is concerned, don’t be tempted to defer rental income for December rents to next year. The Internal Revenue Service matches 1099s for commercial leases, and they want to see rental income match up with 1099s. While residential rental owners don’t receive 1099s from their tenants, many audits that CAP’s have been involved in where the IRS examined residential lease agreements and had issues with the rental owner declaring less than a full twelve months of income if the unit was occupied for the entire year. But what if you were on vacation for all of December and didn’t check your mailbox until mid-January? That’s still income for December.

It’s important to not make assumptions about rental income losses–several clients get burned because they thought they could deduct these losses. The problem is that rental income losses fall under the “passive income rule” which can be a complicated beast. Rental income is considered passive income, and under the rule, passive income losses can only be offset against passive income, which means you need to have another rental property that makes money or some other passive income source. The rule is different if your adjusted gross income is less than $150,000. The passive income rules are very complex and everyone has a different situation, so it’s critical that you consult with your tax adviser before you act on any assumptions.

Checklist: Year-end Review
Review rental property insurance policies; update amounts if necessary.
If you don’t have an umbrella liability insurance policy, consider one.
Make sure that if you have converted your primary residence to a rental property, that you made that classification change with your insurance company.
Review local city or county ordinances for changes, such as registration requirements.
Review federal and state laws, including fair housing rules and your state landlord-tenant statute, for any changes.

 

 

We have Courses, Meetings and Seminars to help Managers, Board Members with Taxes.

RMS Accounting:  https://www.facebook.com/RMSAccounting/

 

 

Checklist: End of Year Taxes
Meet with your accountant to discuss end of year tax strategies.
Consider paying now expenses due next year to offset this year’s income.
Let your accountant know if you anticipate any rental losses next year, or if you’re planning on refinancing, buying, or selling rental property as these activities may have tax consequences that might be partially mitigated with informed planning.
If you formed an LLC or S-Corporation to hold your rental property, order 1099s now to send to your unincorporated vendors (to whom you paid more than $600) by January 31st–it can sneak up quickly.

 

Year-end reviews:

Revisiting and evaluating insurance policies and rental regulations and laws is key to protecting your rental property investment. We recommend that rental property owners set an annual calendar reminder to review their insurance policies for proper and adequate coverage and check on new local ordinances affecting landlords.

Insurance policies and their respective coverage amounts change frequently. We have seen many owners move out of their property and convert it to a rental but forget to call their insurance provider to make sure their policy is updated from a primary occupant policy to a landlord policy. If an owner does not make this policy change then it is very likely a future claim will be denied for the wrong policy classification. The classification change to a landlord policy will likely result in a premium increase but without the proper classification the property owner is not adequately insured which, in the end, will be a much bigger price to pay.

City ordinances can change quickly and are difficult for distant and even local landlords to be aware of. While a local professional property manager should be able to help you with local ordinances, It is ultimately the property owner’s responsibility to make sure rental property is compliant with local city and county ordinances.

In addition to local ordinances, make sure you understand federal and state laws that impact rental property, such as fair housing requirements and your state’s landlord-tenants laws. Your property manager, if you have one, will be an important resource here. If you self-manage your rental property, consider joining a state or local landlord association, as these groups often have attorneys provide updates on changing laws as well as provide other benefits. Property Managers can join forces with www.sfpma.com.

 

Planning for Next Year:

While it might be a slower time for year for landlords and property management companies, the winter, especially December, can nonetheless get busy because of the holidays. However, it’s important to have a game plan for the coming year. Schedule a planning meeting to meet with key people, including any co-owners of your rental property or your property manager, if you have one, to address these issues:

 

Checklist: Planning for Next Year
Confirm annual or six-month rental property inspections are scheduled.
Review lease agreement template.
Review policies or “house rules.” Consider adding a policy addressing space heater safety. Adding a Pet Policy, we see many more tenants and owners with pets, along with service animals.
Review rents and consider an increase.
Discuss whether any significant repairs, such as re-roofing, need to be undertaken in the coming year.

 

 

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We are Running a Florida Rising Magazine – Cover Picture Contest.

We are Running a Florida Rising Magazine – Cover Picture Contest.

  • Posted: Nov 13, 2019
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We are Running a Cover Picture Contest.

Submit to this page Florida Pictures for consideration. We will select the winner to be the DEC 2019 Cover

– If your picture is Selected We will Place your company on a Full Page ( With a Great Bio and Article, Letting our industry know more about You!)

  • Think of Pictures showing Condo & HOA along with Property Management In Florida!
  • With Voting Season coming – December we will learn more about Voting for Officers, How it is Accomplished, Some stories on how things go bad, and new companies ready to help with Voting for your Condo and HOA’s
  • Please include your Info: so we can contact you, most will be from a FB, LI or Email – we can IM you with our decision..

This closes on 27, November 2019. So we can have a few days to place the company information

You can also send the pictures in an Email: FloridaRising@sfpma.com

 

   

   

   

Best of Luck to the Winner..

SFPMA

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If Your Association Fails to Hold Board Elections at an Annual Meeting, Do You Still Have a Board?

If Your Association Fails to Hold Board Elections at an Annual Meeting, Do You Still Have a Board?

  • Posted: Nov 04, 2019
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If Your Association Fails to Hold Board Elections at an Annual Meeting, Do You Still Have a Board? The Answer May Surprise You…

As Condominium and HOA attorneys, we often receive questions from our clients dealing with all the issues that can get in the way of conducting a successful annual meeting. Most often, it is the issue of not being able to achieve a quorum of owners in attendance—which stymies the Association’s ability to hold Board member elections, approve the budget, and take other important actions to further the HOA’s business for the coming year.  So what happens if an Association’s Bylaws calls for annual board elections, but the Association does not hold elections for a number of years?  Is there a Board? Does the Board have any authority? A recent case addressed these issues, and the court’s findings might surprise you.

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Facts

In a 2019 case, a Condominium Association sued an owner for violating the governing documents.  The owner claimed that the Association’s Board, who initiated the lawsuit against him, lacked the authority to sue (and lacked the authority to do anything for the Association) because the Association had not held board elections in recent history.  Instead, the same directors had been in place for many years, despite the mandate in the Bylaws that board elections should be held each year at the annual meeting. The Association had not held annual meetings, and as a result, no Board elections had taken place.

Court Rulings

The trial court agreed with the homeowner defendant that the Association Board did not have any authority to act on behalf of the Association because they did not follow the Bylaws and hold annual elections.  The Association appealed, and the Court of Appeals reversed the trial court’s decision, finding in favor of the Association, holding that the Board members did have authority because they were still “in power.”  Why?  The secret was held within the language of the Bylaws, which stated that Board members serve until the earlier of (1) the next annual meeting of the Association or (2) such time as the Board members are replaced.  As the Association never held an annual meeting, and the Board members were not replaced, the Board members still legally served as the Board.

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Lesson

Board members, beware—or at least, take care!  If your Association does not or cannot hold its annual meeting due to quorum problems (for example) it is likely that you will remain on the Board until your successor is elected.  Unless you have formally resigned your Board position as set forth in your Bylaws, you are still a director, with all of the duties, obligations, and authority that come along with your position.

Channel View East Condominium Association, Inc. v. Ferguson, 2019 WL 2865987 (Ct. App. Michigan).

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