BECOMING A PAPERLESS ASSOCIATION
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Find Blog Articles for Florida’s Condo, HOA and the Management Industry.
Property management companies can lend a helping hand for busy owners looking to make a profit out of their investment. Whether it’s collecting the rent or performing regular maintenance, property managers are always busy. Sometimes too busy to do everything on time. Luckily, with a little help from homeowners, property managers can do their job more efficiently, keeping your property in tip-top shape while allowing you to enjoy the extra time and money with those you love.
Appearances are everything in the rental market. Handing over a clean, empty property that is ready to be leased will attract prospective tenants and show your property management company how you expect your house to be kept. On the other hand, if your house is a mess, you’re sending a message to prospective tenants and your management company that the maintenance of your investment isn’t a priority
Nothing wipes out the joy of moving into a new house only to find out that essential fixtures and appliances aren’t working. However, you can prevent problems from developing by making sure that everything is working before you hand your property over.
Light fixtures should be in good conditions and with working light bulbs. Bathroom and kitchen faucets should work and have no leaks. Fire alarms should have new batteries. Anything that doesn’t work or isn’t needed should be removed from the property, so as to avoid frustrating the tenants or overburdening the management company’s repair staff.
Whether it’s by accident or on purpose, many property owners end up leaving personal objects in the property. This happens especially in places like the garage or the attic. This is can lead to trouble down the road.
Leaving personal items in a property encumbers everybody. When your new tenant moves into the home, they shouldn’t have to deal with items that don’t belong to them. You also risk having your personal items stolen or damaged. This also affects the property management company that is caught in the middle. Save yourself the hassle and make sure you remove all of your personal items before turning over your property.
Tenants expect to be able to move in immediately, not having to scrub the floor and walls for hours. Your property may be old and have a few issues with its fixtures, but keeping it sparkling clean will make it more attractive for your future tenants. So make sure that there’s no dust or stains on the floor. If you have carpets get them cleaned by a professional.
Your walls don’t have to be freshly painted, although it does help. But the better they look, the easier it’s going to be renting the house out. So make sure that you fill any hole, scrub the walls, or change the wallpaper if needed. Tenants can be picky when it comes to walls, especially if they are dirty or are painted with strange colors.
By visiting your house, prospects expect to get an idea what it will be like to live there. That’s why it’s important that there is running water so that the toilets and the sinks work. Leaving the electricity on is also a must since many tenants visit in the evening and need the extra lighting. Depending on the season, your AC or heating system will also be needed to keep your prospects comfortable.
Every form and document we submit to the owners is necessary for our business activities. That’s why we have a rule of never marketing or leasing a property until the owner, or tenant, has delivered all the information and paperwork we have requested.
Where is your property’s electrical junction box? Does the house have a propane tank? Where is the water shut-off located? These are just some questions that you should answer when handing over your property. They will save you time and many phone calls from your property management company.
These will be passed on and explained to your tenants so they can comply with the neighborhood rules. No tenant can be held responsible for breaking a rule if he doesn’t know the regulations to begin with.
Perhaps the most obvious one, your company needs your full contact information. This includes your current address and phone number, to get a hold of you. The easier it is to talk to you, the quicker your property manager will be able to make repairs in your property or solve other issues that need your authorization.
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Plan to Evacuate
A wide variety of emergencies may cause an evacuation. In some instances you may have a day or two to prepare, while other situations might call for an immediate evacuation. Planning ahead is vital to ensuring that you can evacuate quickly and safely, no matter what the circumstances.
If you evacuated for the storm, check with local officials both where you’re staying and back home before you travel.
This question was asked of us from an association that had under 150 owner units, We informed them of some benefits that will help them with communication going forward for all owners.
Every resident & Board member will always be at every meeting when you post the minutes online in a secure HOA website. Time, convenience, and information are the keys to a happy and informed neighborhood. With a Board only area as well as a place for general meeting minutes, you’ll always get the right information to the right person, group, or committee in a way that’s secure and convenient for everyone.
The price of postage stamps has risen every year for over a decade, and the price of envelopes and mailers is always an unwelcoming addition to budgets of any size. Throw in the cost of gas to drive around the neighborhood placing it in boxes, or using snail mail to get out sometimes time sensitive information and before you know it, you’ve spent money, lost time, and everyone still isn’t informed. Email bulletins are quick, simple, and cost free to send 24 hours a day to residents who need to be in the know. Easily create and Email a monthly newsletter with a beautiful design, or send out individual announcements through your website.
Enjoy 24 hour access to a feature that allows Board/Committee members to vote on specific tasks, add notes or questions, and approve or deny processes online…at their convenience. How many times are communities held up on projects and important decisions because someone missed a meeting or is not in the loop? An AtHomeNet website can even facilitate live Board Only Chats and virtual meetings if need be; but the Task Manager feature can be a HOA Board’s best friend.
View, update, and handle resident accounts with the only authorized, fully supported, software integration with the nations leading Accounting software firm, TOPS. AtHomeNet websites are the only professional websites for HOAs that offer this two way integration. A major time and money saver.
Dodge the unwelcomed hassle that comes with paying a seemingly endless array of “processing fees” charged by any number of companies to handle your residents’ dues payments. Setting up online payments for your community is FREE, and an unprecedented convenience that once your residents have, they won’t want to live without.
Limited access to information can cause confusion, infractions, and dissention among residents. These situations not only are troubling for the resident, but also for the Board members who have to spend hours on the phone, or time on personal visits and sometimes costly legal battles. ARC violations are mostly caused by procedural issues or lack of resident information. Handle ARC committee request, post rules and forms, and resolve questions before they become issues using your website.
Email bulletins, Announcements, & Events Calendar are three features that come standard with your website. As soon as a resident logs in, they can view “What’s New” since the last time they logged in. Keeping your residents in the loop no longer takes the hours of time going door to door, posting fliers, making phone calls. Send out new information to thousands of residents in minutes through your website’s dynamic informative features set.
The ability to pick a facility such as a tennis court, a clubhouse, or the golf course…see instantly what times are available, and then sign out a time, or send a request for approval to reserve a time, can be a massive time saver and convenience for every community. The Reservations feature can be tailored to list the available hours for a specific resource. This exciting feature streamlines an amenity reservations process that normally could take forever to coordinate successfully; handling it in minutes, 24 hours a day in a secure online environment.
Residents can access needed business, real estate, and other documents through your website and get a hold of them quickly and without the hassle of going through a 3rd party. Security is never a concern, as your website has a public and private side, so only those who you grant access to, get access to certain areas, information, and privileges.
Your Board only area has a lot of great functionality. Your Board members can enjoy using the Task Manager to handle specific tasks on their schedule. Live Chat can bring to the forefront issues that need to be resolved or debated instantly in a secure venue, or facilitate virtual Board meetings. Board Only Message Board can facilitate communication and debate amongst the Board in a forum where everyone can follow an issue and everyone’s input from start to finish. A Board the communicates freely and easily, is a Board that gets things done!
You set the prices, you determine the website area, you collect the revenue. Local businesses and private advertisers are always looking for more exposure and to reach new customers. Your community website is a daily gathering place for hundreds to thousands of internal and external visitors and with unlimited page creation, your website can be as profitable as you want it to be.
A trip to Kinkos Fedex or for a college student at term paper time is a necessity! A trip to Kinkos or Fedex for an HOA is an unnecessary and costly inconvenience. Once your resident directory is printed, if someone leaves, someone moves in, or anyone changes their number, the directory has to be updated with possibly even more printing costs. Online resident directories let your residents share as much or as little about themselves and their contact information as they please…and updating them takes seconds of your valuable time.
If you only counted parties, socials, holiday events, and meetings, you would still spend hundreds, maybe thousands of dollars and hours of time designing eye catching fliers to post on overcrowded bulletin boards, or resident’s doors or mailboxes. Between the wind, the trashcan, and the guy who pulls it down and takes it home so he doesn’t forget, sadly many of these fliers will never be greeted by the eyes they are intended to catch. Online Announcements are yet another quick and easy solution that gets immediate results, doesn’t cost a nickel, and is totally immune to wind, rain, and snatchers.
Professional listings in real estate magazines can cost hundreds of dollars, some even charging outrageous fees in a per home basis. Otherwise your homes for sale and other items such as garage sales, babysitting services, etc. are free to get lost in a sea of craigslist ads that get thousands more every day. Your Homes for Sale and Classifieds areas are dedicated to showcasing your communities’ best to those in the community, and those outside the community. Most importantly, it’s another great feature that is standard in your website and won’t cost your Association a penny regardless of how much information is listed.
Most non-profit organizations spend valuable dollars that could go to their cause just on promotion, advertising, and volunteer coordination. Your Association need not be a victim of this. Easily disseminate information, coordinate live chats securely in the website, and get the word out about event times, donations, and other charitable acts from the convenience of your laptop.
Residents, Board Members, and Committee members can review all of your community’s important documents whenever they need to. Set security levels so you can decide exactly who can see what, so unwanted eyes on your sensitive documents will never be an issue. Another major time and hassle saver.
Not sure if everyone is on board with the new procedure to replace gate cards? Perhaps you want to know if there is a holiday party at the clubhouse this year, will there even be enough residents still here to justify the costs? Using the “Surveys” feature to create and send a survey you can customize to ask exactly what you want is the best way to find out how everyone feels about any given topic or issue. Residents can only vote once, and they can answer via multiple choice or free form?.it’s totally up to you. Create a survey in minutes, and let your website do the work to tally the results so you can make the best decisions.
Email Bulletins are a quick way to alert everyone in the community about an issue without having to hold any special meetings or send out an individual email to hundreds of residents. We provide new designs and themes you can choose from every month for free, which allows us to offer an outstanding catalogue of pre-designed email bulletins for your unlimited use. You can also design your own in no time at all. Using Announcements and Email bulletins in tandem means that your residents will never be in the dark about important community issues.
Your Board only area has a lot of great functionality. Your Board members can enjoy using the Task Manager to handle specific tasks on their schedule. Live Chat can bring to the forefront issues that need to be resolved or debated instantly in a secure venue, or facilitate virtual Board meetings. Board Only Message Board can facilitate communication and debate amongst the Board in a forum where everyone can follow an issue and everyone’s input from start to finish. A Board the communicates freely and easily, is a Board that gets things done!
Residents are going to have questions, lots of questions…but you community does not have the time or resources available to place a live operator on a toll free hotline 24 hours a day. Many communities share a lot of the same issues, resources, and operating procedures; so it becomes quickly obvious that questions like ‘Where can I find a copy of the CCRs” or “What is the procedure for requesting Architectural changes on my property” will be asked repeatedly. The FAQ section can be as long or as short as you want it, and updating it can be done in a matter of minutes. The more you cut down on time spent answering the same questions from different people, the more time you can spend handling other important community business.
When jobs need to be completed in your community, compile them all in one easy to find 24 hour accessible online location; making it easy for those willing and able to do the work to find you, and avoiding paying for ads on various websites, newspapers, and employment services.
Members in the News:
“This upscale building was very unhappy with the local service provider, and wanted something special for its residents,” explained Bryan Rader, President of Upstream. “And that’s what we gave them.”
Hugh Moore, Property Manager of Hollywood Towers described the experience. “Very well done. The technical team was experienced, friendly, and responsive, and the products are amazing.” He continued “the picture quality is a huge upgrade and so are the internet speeds. My residents are thrilled with their performance.”
Upstream Network continues to add buildings to its network in key markets. “Our audience really enjoys using our platform. We’ve added several thousand new units recently, and just started construction on another large community in Miami,” Rader explained.
“I would absolutely recommend Upstream,” Moore concluded. “I wish they were in the building I live in.” Upstream Network’s recent customer satisfaction ratings are consistent with the experience at Hollywood Towers, with over a 94% satisfied rating. “Our growth is directly tied to our ability to perform,” Rader stated. “And we are performing.”
For more information about Upstream Network View our Membership Page on the State of Florida Property Management Association‘s, or direct by Email at mmalecki@upstream.network
Bryan Rader
President
341-540-1114
brader@upstream.network
Tags: Business Articles, Condo and HOA, Florida Rising Magazine, Management News, Member Highlights
Do the terms FLSA, ACA, HIPPA, E-Verify or I-9 scare you? They should if you have in-house security, maintenance or housekeeping staff. These terms are just some of the federally mandated employment laws that HOA’s, condo boards and property managers must contend with. If you are not fully compliant with any of these it can cost you and your organization hundreds of thousands of dollars in fines, penalties and yes, even back wages.
What can you do to eliminate these HR compliance headaches and ensure the safety and security of your business, building or property in the real world?
Outsourcing may provide the solutions you’re looking for.
Outsourcing can provide a viable and affordable solution for many businesses, condominiums, planned communities, office and professional complexes. The security provider you choose will take on the costs
and hassles of hiring, scheduling, HR administration, insurance, liability, training and outfitting employees.
If you’re looking for trained security officers, you’ll find that hiring your own staff can be extremely expensive. The last thing you want when it comes to security is less-than-qualified workers. A reputable security provider will have the money and resources to properly recruit and hire highly qualified officers. In other words, outsourcing can give you access to security resources of a caliber unavailable to you on your own, and save you money in the process.
Condo associations and HOA’s may not have the resources to properly vet security experts in their employ. The officers who fill these crucial positions, must be stable, reliable, trustworthy, and well-trained. A failure on any level could spell disaster.
By outsourcing or on-boarding your current in house staff to a firm that makes security their business, you can rest easier knowing that anyone they send your way has been properly vetted, trained, and held to the highest standards. After all, the security provider that hired them has a reputation to uphold, just as you do.
According to the US Department of Labor legally required benefits such as social security, workers compensation insurance, unemployment and Medicare costs can add an additional 14.5% to your payroll costs.
If you provide other benefits such as health & life insurance, 401K contributions, and/or paid leave time those costs can add an additional 24% to your payroll and operating expenses.
Let’s say your annual in-house security payroll is $75,000 per year. Factoring in the mandated benefits and your actual payroll costs leap to $85,875, that’s over a $10,000 increase. If you offer benefits your actual costs skyrocket to over $105,000. That’s $35,000 additional dollars you’re spending on payroll without any additional personnel or job tasks being performed.
You more than likely currently have general liability insurance coverage that protects you and any governing board from losses resulting in accidents or injuries that occur on the property. Risk is the single biggest factor in determining how much coverage costs. No one anticipates accidents or mistakes. The rising cost of general liability insurance is another area of concern for managers, board members and residents.
If you’ve had accidents or faced lawsuits in the past then expect to pay more.
A reputable security contractor will carry sufficient liability and workers compensation insurance which will provide you indemnification from losses and employee injuries and illness, thereby reducing your overall insurance costs and risk factors.
As a board member or property manager how much time out of your day do you have to check on and provide oversight to your security personnel? Do you even know what to look for or what questions to
ask?
Any reputable and reliable third-party security provider should provide comprehensive supervisory and managerial oversight to its guards including random and periodic unannounced inspections of the site and the personnel assigned there.
Outside of showing your in-house team where to put packages, which contractors are allowed access and what the pool hours are, what training has your team received. Does your team have the expertise or resources to provide that training? A professional security company does.
At a minimum any professional security officer should be trained in emergency first aid, CPR and fire suppression.
“But we love our in-house staff and don’t want to lose them!” is something we hear very often when talking to property managers, condo board members and HOA presidents about on-boarding in-house staff. In a properly structured transition you retain your current staff. Pay rates and benefits remain unchanged as does seniority ranking.
As your operation grows, so too will your needs where support is concerned. You may acquire additional facilities that require additional physical security. Either way, flexible security solutions that easily adapt to the changing needs of your business or property are a must.
All of these factors are where outsourcing can really ease the transition process as your needs change, while you grow and expand. You have plenty on your plate already without having to worry about increasing on-site security teams. A reputable and reliable third-party service provider can handle these concerns for you.
The south Florida contract security market is one of the most competitive in the nation. There are currently over 1,200 licensed security agencies in Broward and Miami-Dade counties alone.
These agencies range from huge national companies to one or two man agencies working out of someone’s home garage or spare bedroom. So choosing the right security provider is crucial.
Are their guards actual employees of the company or are they paying them as sub-contractors?
Some less than reputable security providers will do this to avoid the high costs of workers
compensation insurance, payroll taxes and social security contributions.
How responsive is their management team to problems, issues or concerns of yours?
Do they utilize the latest technology to provide you officer accountability and transparency?
Do they have an actual brick and mortar corporate presence or footprint?
Do their supervisors or manager conduct periodic unannounced inspections of the sites and staff?
What training have your guards had? First Aide, CPR, Fire Suppression?
Do they conduct random drug tests of their employees?
Way back in the fifteenth century English satirist Gabriel Bell recognized that, “You get what you pay for;” which Webster defines as meaning “a thing that can be bought for a very low price probably isn’t very good”, and that’s especially true when evaluating security companies.
Any security provider that quotes you a bargain basement bill rate in the low teens ($14 per hour or less) is probably NOT going to provide suitable answers to these questions nor will they provide you the level
of service and support you need or want. They’re going to be using sub-contractors or paying their employees minimum wage to stay profitable. What caliber of officer are they delivering at that pay rate?
The principles of Trident Ground Protection have over 80 years of military, law enforcement, private security and special ops experience in both field, command and executive level positions. We pride ourselves in helping our clients – large or small. We have the expertise, knowledge and ability to secure and protect your property, business or event. Trident Ground Protection was established with one goal in mind, to provide our clients with more than simply a security guard. Our team consists exclusively of true security professionals.
Trident Ground Protection actively recruits and hires our military veterans and former or retired law enforcement personnel. By hiring this caliber of employee, we provide our clients with a more disciplined, dedicated and focused security officer.
Our management and field staff are solely dedicated to providing you a level of service, awareness and discipline far above that of any other security provider. A member of our corporate management team is available to you 24/7 by way of either our corporate headquarters in located Oakland Park or after hours from our Global Security Operations Center located in downtown Fort Lauderdale.
When you contract your security functions with Trident Ground Protection we assume the liability for any incident or accident caused by any negligent, grossly negligent, willful act or omission or intentional act, of one of our team members up to one million dollars per occurrence. Our officers are employees of our company, not sub-contractors and are fully covered under our workers compensation insurance coverage.
As part of our commitment to provide the highest level of professional security services, every new client receives a vulnerability analysis, comprehensive threat assessment and crime statistics report for their site, building or property. We then use the results as the basis for designing a comprehensive and cost effective security program and post orders specific to your needs and desires.
We work with and build relationships with your local law enforcement agency to maximize leveraged law enforcement services g=for your property. Technology within the security industry has greatly advanced from the days of the old Detex Watch Clock Stations. © Trident Ground Protection deploys the latest and most advanced web-based applications for officer accountability and activity. As part of our commitment to transparency the systems allows you the client and TGP management to see in real time an officer’s location and review their current and past activity.
The system can also be configured to send instant e-mail alerts regarding incidents occurring at your property.
Personnel management has also accomplished via a web-based portal which only allows an officer to “clock in” once he or she is on site. It also can be set up to provide you, the client with e-mail notifications about late employees or personnel and scheduling changes. So whether your looking to develop a comprehensive security program, out-source your in-house security program or just in the market for professional and dedicated security services, you can be assured that Trident Ground Protection is the best solution.
We’re committed to providing you with top notch local support and knowledge. We approach every client with a focus on support, integrity, advocacy, and understanding.
Tags: Condo and HOA Common Area Issues, Management News, Member Highlights, Members Articles, Security and Safety Articles
XHIBTZ is a Manufacturers Representative and Purchasing Company taking pride in offering quality products and service for the past 14 years. We are dedicated furniture and accessory providers to country clubs, yacht clubs, hotels, resorts, property management companies, homeowner associations, condominium associations, interior designers and residential and estate home owners.
We’ve received accolades for our service in delivering the best the industry has to offer in patio furniture, pool and beach furniture, sofas and chairs, and tables; we also provide quality accessories such as cabanas, umbrellas, and custom cushions to complement your outdoor area. Ask about our custom furniture restoration service for limited budgets.
We are pleased to offer a complete selection of products including patio furniture, pool and beach furniture, sofas and chairs, and tables. We also provide quality accessories such as cabanas, umbrellas, and custom cushions to complement your outdoor area.
Contact Us Today.
Email: xhibtz1@xhibtz.com
strong>Phone: 954.614.1505
Members Directory Listing Page: https://sfpma.com/listing/xhibtz-contract-furnishing/
Tags: Building Maintenance, Condo and HOA Budgets, Condo and HOA Common Area Issues, Management News, Pool and Spa Articles
For this reason, many HOA and COA boards simply table the discussion, putting it off for a better, more convenient, time in the future. However, outdated policies and governing documents often make it hard for community managers to move forward when change is necessary, and would ultimately benefit the full membership. While, the actual rewording of existing covenants, bylaws and ancillary documents is a task for legal teams.
If you association’s CC&Rs and bylaws have not been reviewed for five years, or more, it is time to request a legal review to ensure your documents comply with current statutes and laws. Older documents may not address modern communication options like emailing, texting and owners’ portal. Also, there have been important changes that will improve an association’s ability to collect delinquent assessments that can be negatively impacted by outdated governing documents. If your documents have not been updated, then due to the safe harbor law and joint and several liability, back owed association dues may not roll over if the house is sold. The documents can be re-written to include language that mentions if the house has past due assessments when sold, then the new owners can be held liable for these payments.
When considering whether to ask your attorney to look for inconsistencies in condominium planning or subdivision maps, you may also want to ask the legal team to review the original articles of incorporation and other policies that cover code restrictions and financial reporting. It is imperative that the board keeps these written policies up-to-date to prevent ambiguities and confusion for directors and the membership.
There are several key tasks that association leaders must assume responsibility for during a review. For example, the board is responsible for notifying homeowners about the upcoming review, and gaining the appropriate level of voting support before implementing any changes to documents.
To elevate the chances of gaining acceptance from your homeowners to proposed amendments, the board needs to make a strong effort to keep the membership informed throughout the process. It is a good idea to appoint a committee to oversee the process and act as “points of contact” for stakeholders who have questions. The committee members may also solicit feedback from members via telephone, email or face-to-face contact.
There is another, efficient, less burdensome way to solicit support, especially if one reason for the review is that your association plans to modify fee, assessment and debt collection documents. Partnering with a full-service, industry-specific organization that intimately understands HOA, COA and time-share business models helps ensure that your communication is always compliant. Axiom Resources professionals work closely with community associations to develop collection strategies aligned with all federal, state and local statutes, laws and restrictions. In the role of industry mentor, key personnel help directors and board members design communication policies that benefit homeowners, while protecting community assets.
Leveraging the power behind years of experience in the community association industry, HOA and COA boards can address bad debt and potential debt challenges before problems escalate to the point that homeowners and association management become frustrated.
Using An Association Attorney that provides services supported by industry professionals who understand the nuances and regulatory challenges associated with covenanted community management. Please visit our Members Directory on SFPMA or call today to discuss ways our team can help you navigate the document review process and implement stronger debt management solutions that benefit homeowners and the association.
Tags: Condo and HOA, Condo and HOA Developer Issues, Management News
Companies like AT&T, Verizon, T-Mobile and Sprint continue to explore options to meet their wireless customer demands, and part of this search includes the construction of new cell sites across the United States. Cell sites come many sizes, from a traditional tower that is big enough to climb, to an antenna that sits hidden on a rooftop, only seen by those flying over.
Cell phone usage has skyrocketed to the point of near saturation in the US. According to Pew Research Center, 95% of adults have a cell phone & a growing share of Americans now use smartphones as their primary means of online access at home. In 2016, wireless subscribers’ connections hit 377.9 million, with over $1.4 trillion (yep, trillion with a “t”) having been invested globally in the last 18 years. This is BIG business & there are opportunities for landowners to capitalize.
The opportunity an HOA can capitalize on is negotiating a cell tower lease agreement that ensures consistent rent for years, often decades, to come. There are certain pros and cons that an HOA or Condo Association must ponder if a cell tower company or wireless carrier approaches them about putting a tower on their property.
Tags: Condo Reserves, Financial & Business
In 1963, the Florida Legislature enacted the Marketable Record Title Act (“the Act”), codified as Chapter 712, Florida Statutes. The Act was intended to simplify title searches by extinguishing old title defects and other recorded issues affecting title to real property after 30 years, except for certain matters (see Section 712.03, Florida Statutes – Exceptions to marketability).
An unanticipated consequence of the Act was that it extinguished the covenants of some planned communities, which suddenly found they had lost their legal authority to collect assessments and enforce the covenants. Since then, the Florida Legislature has amended the statutes to provide both a process to preserve the covenants before they are extinguished by the Act, and a process to reinstate them if they have already been extinguished or have expired.
Chapter 720, Part III, Florida Statutes, creates a mechanism to revive / reinstate / revitalize (these terms are all used to mean the same thing) a declaration of covenants that has ceased to govern some or all of the parcels in a subdivision. Briefly, the process includes the following steps:
As noted above, DEO’s role with regard to homeowners association covenants is limited to deciding whether documents proposing to revitalize expired/extinguished covenants that are submitted to DEO by an organizing committee comply with the requirements in Chapter 720, Part III, Florida Statutes. DEO has no authority to:
If you need legal advice in connection with proposed revitalized homeowners association declarations, you may contact The Florida Bar’s Lawyer Referral Service at 1-800-342-8011, Monday through Friday, from 8:00 a.m. to 5:30 p.m. Eastern time, or through its website (The Florida Bar). The Florida Bar can provide you the names of attorneys in your area who may be able to assist you.
Part III of Chapter 720, Florida Statutes, states that “verified copies” and “affidavits” must be submitted to DEO as part of the covenant revitalization process.
A “verified copy” means that someone has sworn under oath and in the presence of a notary public or other officer legally authorized to administer oaths that the copy is a true and accurate copy of the original document. When verified copies are required, a notarized letter from a member of the organizing committee or an officer of the homeowners’ association may be attached to the copies as verification that they are accurate copies. The letter should say that the person signing it verifies that the documents attached to the letter are accurate (or true and correct, or exact) copies of the original documents. If the documents are not attached to the letter, the letter must identify the specific documents to which it refers. Copies of the association’s governing documents that have been obtained from the official records of the county where the subdivision is located and have been certified as accurate by the Clerk of Court are also acceptable.
An “affidavit” is a written statement confirmed by the oath or affirmation of the person making it (the affiant), taken before a person having authority to administer such an oath or affirmation. In other words, it is a written statement that is signed and sworn to be true in the presence of a notary public or other official who is legally authorized to administer oaths. It must be signed by the person making it, and be signed by and bear the original stamp or seal of the notary/official.
The governing documents for a subdivision and homeowners association consist of the declaration of covenants, the articles of incorporation, and the bylaws. The declaration of covenants for a subdivision is usually recorded in the Official Records of the Clerk of the Circuit Court for the county in which the subdivision is located. Copies of the Articles of Incorporation and bylaws of the homeowners association can be obtained from the Florida Department of State, Division of Corporations. Copies of the governing documents may also be obtained directly from the homeowners association.
No. Homeowners associations are required to comply with applicable Florida Statutes. However, they are not regulated by any state agency.
Under Section 720.311, Florida Statutes, the Department of Business and Professional Regulation offers a dispute resolution program for some types of disputes between a homeowners association and parcel owners.
Tags: Condo and HOA, Condo and HOA Board of Directors, Condo and HOA Laws