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Are Florida’s Board Member Courses….. Enough Education?

Are Florida’s Board Member Courses….. Enough Education?

  • Posted: Jun 22, 2020
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This weekend a Question was given to us, In this was the lengthy details of a Board that was acting like dictators imposing fines even circumventing the Florida Laws.

Now to be fair if Condo or HOA Docs already include Violations and Fining in their Buildings or on their properties then a Board may violate an owner or owners for the violations. Most do not! even with this every Board must abide by what is written in the Laws of Florida. Below and part of this article is an Article our Friends at the Cooperator published and hit the nail on the head with Boards Power and we feel Lack of Education! 

Condo owners often complain that their board doesn’t do enough, or that the board members aren’t involved as much as they would like in the administration and maintenance of their building. While a disinterested or apathetic board is certainly a problem, going to the other extreme can be just as bad…or maybe even worse. Board members who let their power go to their heads can be a liability to their building community on many levels, but of particular concern is a board that oversteps its bounds and intrudes on the privacy and agency of individual residents.

Understanding the boundaries and limitations of your power is something that every board member needs to realize or else trouble—including legal problems—can result.

Another Question came in: This Board ruled that Washers and Dryers are no longer allowed in the units, Even though there are areas in every unit where water hookup and venting has occurred in the past? The owner stated that there was NO owners vote and this was never placed into the Condo Docs….He did find, The Board made a deal with a company to place machines on each floor of a 14 story building and the board wants owners to use these machines to bring in money to help pay for these! So the board took a secreat Vote and approved this spending money of the owners with no vote!  He asked us is that legal?

 

Knowledge is Power

Balancing what is right and what is expected can be tricky for boards — so much so that sometimes, board members and non-board members alike wonder why people bother to serve in the first place.

“I always tell my fellow board members and clients that if you’re going to be on a board, you are basically a sacrificial lamb,” says Luigi Rosabianca, managing partner of the Manhattan-based law firm Rosabianca & Associates PLLC. “You don’t get paid for it, but by doing so you are providing a service to your building. It’s not only a way to protect your investment, but also your quality of life—but [board members] have to learn what being on a board means, and not to overstep their bounds.”

What can a board member really do about an ongoing noise complaint, for example? What sort of majority is needed if a vote in enacted to change something within the condo or co-op? Can a board impose rules regarding security or visitors?

Questions like these can usually be answered by reading the co-op or condo’s official governing documents, says Al Pennisi of the law firm of Pennisi Daniels & Norelli LLP in Rego Park. “The powers are designated in the corporate documents—the certificate of corporation and the bylaws—and some of the additional powers are listed in the offering plan and amended in the offering plan when it’s a co-op conversion. Primarily, it’s the corporate documents and enhanced by case law.”

It’s essential that anyone who is elected to their board read and understand what they can and cannot do as a board member.  “You need to do it with all the knowledge necessary,” Rosabianca says. “The first thing you need to do is read the offering plan or prospectus as well as the bylaws, which very specifically outline what the board’s powers and limitations are.”

In addition to the documents, a new board member can also get advice and instruction from those already involved in the process. “When someone new comes on, they get instruction from owners, management companies and other board members if they aren’t educated about those sort of things,” says David J. Byrne, a shareholder attorney with the law firm of Stark & Stark, with offices in New York and in New Jersey. “In a practical setting, they don’t always read the documents they should.”

Condos and co-ops have different rules, and their boards have very different powers. Even comparing co-op to co-op or condo to condo will find differences, so just because you served on the board of one building doesn’t mean your current board will operate exactly the same way. Your powers and limitations will be most likely be different on any board you serve.

“The power a board has in a co-op is different than that of a condo,” Pennisi says. “Co-op boards do have more power than condo boards because they control the use of the apartments, they control the sales and leases where in a condo, the unit owner can sell at his or her discretion. Condo boards have less power but both boards can make and enforce rules and regulation pursuant to the documents.”

 

 

Barging In

One of the chief complaints among residents who think their board has overstepped its bounds arises when someone—a super, handyman, or other building staff member—enters their home without permission, usually to check out something like a leak or electrical problem.

“With condos and co-ops you have classic communal living—and with communal living there are certain sacrifices that have to be made,” Rosabianca says. “You are conceding that your neighbors have certain rights to access common elements in the building, and that [building staff] may periodically need to access to your unit.”

Let’s say there is a leak in unit 4F that will affect the owner’s quality of life downstairs in 3F in not taken care of. If the owner in 4F can’t be reached to let building staff into the unit, it is reasonable to expect that the super or repair person will access the apartment to deal with the situation—with or without express permission from the owner of 4F. Upsetting as it might be to think of strangers entering one’s home without permission or supervision, that access is considered reasonable if it’s deemed necessary under the circumstances.

“I always use the ‘reasonableness standard,’” says Rosabianca, “which is vague, but most management companies are really well versed and know what to do and what not to do in situations like these. As a rule of thumb, you should ask, ‘Is this in the best interest of the building?’”

According to Pennisi, co-op documents require you to give the board access to your apartment to make repairs—but that’s not usually the case in condos.

“If there’s a leak in the walls [of your condo,] they just can’t go in and break the door down,” he says. “It has to be a bona fide emergency. If water is leaking under your door and the super or manager has tried calling you and they can’t get in touch with you, they have right to break in and make repairs. I always tell my boards to bring a witness and go in with a camera and take pictures of what the apartment looked like. Don’t go by yourself in case something is stolen and it’s your word against theirs.”

 

Feeling Secure

Security in buildings has become a tricky issue in recent years, and since most governing documents were written prior to current concerns about terrorism and other threats, boards sometimes enact security measures that some residents feel may go a bit too far. But does having an especially robust security program in a co-op building ever cross the line from “overzealous” into “invasion of privacy?”

“There could be ‘too much’ security in a practical way or an economical way but not really from a legal point of view,” says Byrne. “The boards probably have a pretty broad discretion to set rules on security, so although it might seem like they are overstepping their power, they aren’t really.”

Some boards feel it’s necessary to have cameras all over their building, a thorough ID check for all visitors, and building access controls that residents may feel are going too far. Some buildings require key code access or card access, and some use cameras to record people coming and going. While it’s fair to say that most residents get a certain peace-of-mind from knowing access to their building is tightly controlled, others find it intrusive, says Pennisi.

“People say, ‘You have no right to take my picture coming and going,’ or they object to having their Social Security number used as an ID” Pennisi continues. “But a number of courts have ruled that [building rules] supercede the individual’s right, because [buildings] have the right to know who’s coming and going. You can’t publish their information or show the videos, however. That would be going too far.”

 

Keeping Things Personal

When it comes to what boards and managers can do with any personal information they collect on building residents, civil rights and privacy laws have the final word. In short, boards and management are prohibited from making any of that information public.

Unfortunately however, “Things happen like that all the time,” says Rosabianca. “People make mistakes …most of the time it’s just errors, rather than fraud. I’m on a couple of boards where they distribute board applications to all board members, and they include a lot of personal details. You’d like to think that your board members are responsible with the information and will shred the information afterwards.”

If materials are being handled properly, Rosabianca continues, one copy of your personal information should be kept under lock and key at the manager’s office—and no one on the board should be distributing that information, or keeping copies for themselves. Some boards are even policing themselves in this respect by blacking out certain information on sensitive documents they see in the course of carrying out their duties to the building.

Though rare, there have been cases where board members have—either through negligence or ignorance—acted improperly with building information or money. Michael Crespo, president of Citadel Property Management Corp. in Manhattan, says he recently dealt with an unscrupulous treasurer.

“We recently had a situation where, in an effort to clear up the books of a building we’d just begun managing, we asked the board’s treasurer if it would be OK to send out two deposit checks that had been collected for [construction] work and move-in fees several years prior,” he says. “The deposits were clearly for a one-time item, and there really was no reason to keep holding on to them—they were just throwing off the balances, and we wanted to clean it up. The board’s treasurer suggested that we do a journal entry and make them ‘disappear.’”

Crespo says that after explaining that these were real deposits that were owed to shareholders, “The treasurer continued to press the issue and explained that he had done this type of thing at his job all the time. In either case, I explained that we know the difference between correcting a journal entry and sweeping someone’s money under the carpet. Needless to say, the shareholders in question (who were also on the board) wanted their money. We ended up cutting them a check.”

 

FIND EDUCATIONAL COURSES, MEETINGS, SEMINARS EACH MONTH ON OUR CALENDAR OF UPCOMING EVENTS

Power Hungry

While the vast majority of board members take their position in stride and are solely interested in doing what’s best for their building community, some board members do let authority go their head. Most managers and board attorneys have at least one or two stories about boards imposing ridiculous rules on their residents—regardless of whether they actually have the authority to do so.

“Boards do sometimes abuse their power,” Byrne says. “I’ve encountered boards that don’t actually have published rules, yet think they do. There are boards that set unreasonable restrictions on things, or think they have the power to charge residents fines when they don’t.”

Other examples of boards overstepping their bounds and abusing their position include members trying to get family members elected to the board or overseeing applications for people they know, or giving work contracts to friends or family.

“Those are the type of ‘wink-wink’ things you see,” Rosabianca says. “You really want to avoid these types of conflicts. If you are on a board, you should be above the fold. You shouldn’t be soiling your hand.”

Keeping a board in check and on the right side of propriety and the law could be something as simple as pointing out that more rules are not always better.

“We simply like to remind the boards that we deal with that when they implement excessive amounts of rules that infringe upon their neighbors, these rules will often come back to bite the people who created them,” Crespo says. “We’ve seen it time and again: a board puts practices into effect that are very difficult to enforce, and which the very people who implemented them are the ones who end up violating them the most. This is where we like to be the voice of reason. We ask that boards be realistic and use discretion, and ask if they would like these rules enforced upon them.”

 

An owner cannot be fined without first being given the opportunity to be heard. Before a fine is issued, the following must take place:

Steps for a Violation

  • Association/management identifies the violation.
  • Notice of violation sent to owner/resident via a hand delivery or certified mail.
  • Notice must contain the following:
  • Description of the violation
  • Authority in governing documents to cite the issue as a violation.
  • A picture may also be included in the notice.
  • The required time frame to correct the violation.
  • Disclosure of his/her 14-day right to be heard before the fining/grievance committee.
  • Alert fining committee of the violation sent and schedule a hearing.
  • Attend hearing and be prepared to listen to the owner’s stated defenses and/or explanation.
  • Send notice of final decision to owner/resident.
  • In this situation, it would seem that the association skipped or ignored the legal right of an owner to be heard before a fine is issued. The fine is not a legally imposed fine unless the above steps are taken.

 

We need more Education where Board Members who are controlling the best for each and every owner should have to be Licensed the same way as Building Managers are, or financial money managers! What to you think? 

 

 

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COVID-19 & Technology: Resident Communication, Virtual Meetings & Electronic Voting

COVID-19 & Technology: Resident Communication, Virtual Meetings & Electronic Voting

  • Posted: May 03, 2020
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COVID-19 & Technology: Resident Communication, Virtual Meetings & Electronic Voting

On April 7th, 2020 we had a live webinar

More than 200 people attended the webinar and it was requested that we record it and allow others to watch it.

You can watch the recorded webinar and learn about how to communicate with your residents in an age when we are practicing social distancing and the benefits of hosting a virtual meeting.

We covered several topics including:

Helping your team and residents stay safer by implementing digital  communication channels instead of physical interactions with community staff.

Alleviating the additional stress of situations like COVID-19 by leveraging  technology to organize and run your condo more effectively.

Reducing costs and efforts by hosting virtual meetings.

Here is the link: Watch and Learn

https://ding.conciergeplus.com/webinarcovid19andtechnology

Peter Pietrzkiewicz
sales@conciergeplus.com

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Upcoming Events: Join Florida’s Top Industry Leaders, for informative Webinars and Board Member Certification events

Upcoming Events: Join Florida’s Top Industry Leaders, for informative Webinars and Board Member Certification events

  • Posted: Apr 23, 2020
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Upcoming Events: Join Florida’s Top Industry Leaders, for informative Webinars and Board Member Certification events

 

Webinars are an excellent way to publish frequent, high-value content, Once a webinar has been produced, you and your creative team can repurpose and optimize it into several pieces of valuable content. Members of SFPMA and Other Leaders in our Industry have provided these

to help with social distancing yet keeping you informed.  Take a look at this list of events – Join and sign up!

 

 

Join our own Andrew Black, a Board Certified Specialist in Condominium and Planned Development Law, online for distance learning with the Condominium Association Board Member Certification Course .
This provides CE credit for CAMs and fulfills state requirements for Condominium Association Board Members.
Course Number: 9630075 | Provider Number: 0005092
Two (2) CEU’s in IFM or ELE
Wednesday, April 29th, 2020
1:00 PM – 3:00 PM
NOTE: When registering, you must use a valid email address in order to be able to receive your certificate and or CE credit.
After you register, you will receive instructions about how to join the Zoom webinar.

Join us as we discuss the implications COVID-19 is having on your association’s financials. 
Thursday | April 30 | 11am – 12 Noon
Rafael Aquino , Co-founder of Affinity Management
Michael Bender , Esq., BCS, Kaye Bender Rembaum
Lisa Magill , Esq., BCS, Kaye Bender Rembaum
Alex Leonardo , Lanter Leonardo & DiCrescenzo CPA

 


Join us for a WEBINAR: On, Assessment Collections during the Coronavirus Crisis

April 29 @ 2:30 pm – 3:30 pm EDT

WHAT: Assessment Collections During Crisis Q&A
WHEN: Wednesday, April 29th @ 2:30pm EST

Register to Attend this Webinar

With millions out of work due to the COVID-19 pandemic, homeowners associations and condo associations are starting to feel the crunch of increased delinquencies. When homeowners are in financial crisis, association dues takes a back seat to other essentials. But community associations need the funds to maintain the health and safety of everyone in the community.

In this webinar, Axela Technologies President of Business Development, Mitch Drimmer will be joining host Russell Munz, Founder of Community Financials and Douglas Levy Counsel for Community Association Practice Group at Rees Broome, PC to answer your questions on how you can maintain a healthy community while still exercising compassion during this crisis.

Get your ‘coronavirus in the community’ assessment collection questions ready and join us online:


 

COVID-19 Message: Watch our Recorded Webinars  

WITH:  CASTLE GROUP FOUNDER AND CEO JAMES DONNELLY & DONNA DiMAGGIO Esq.  BECKER SHAREHOLDER WITH BECKER LAWFIRM

We recognize there is a growing concern as the outbreak and impact of the coronavirus (COVID-19) continues to evolve. The safety and wellbeing of our teammates and residents are Castle’s top priority. Most importantly, we want you to know, we are prepared. We are working around the clock to monitor the situation, while partnering with the Centers for Disease Control and Prevention (CDC) and other state and local health officials on response efforts, as well as to provide you with the most up-to-date information.

At our sites, our teams are working diligently to take precautions and steps to ensure a clean and safe environment. We are making every effort to customize our plan based on specific community’s needs.

We remain committed to you, and to doing our part as an organization to ensure the health and wellness of every teammate, resident and community.

Sincerely,
James Donnelly
Founder and CEO

https://www.castlegroup.com/covid-19-message/.

 


WE ARE CONTINUING TO CERTIFY HUNDREDS OF YOU!
April 23rd, at 6:00 p.m. – SOLD OUT.
NEXT CLASS – APRIL 30TH, 6:00 P.M.
Just because we’re stuck in our homes doesn’t mean we can’t get together —- and learn together — remotely – in a safe and fun way.  NO EXCUSES.
Florida law allows the Board Certification class to be taught via a video conference and that’s exactly what we’re doing.
All you need is a device with a camera so I know you are there and speakers so you can hear me.
OUR FIRST FOUR ON-LINE CLASSES WERE AN AMAZING SUCCESS!
If you want to register, send an e-mail to: lydia@condo-laws.com
If you want to sign up, just provide us with an an e-mail address.  I will then send you a link that you need to click on to start the live seminar.  Make sure to go to: GoTo Meeting
in advance to simply download the program

 


 

The CDC recommends wearing face coverings in public settings where social distancing is difficult (e.g., grocery stores and pharmacies).

What does this mean for Florida condos and cooperatives in a growing number of hotspots where people must pass each other in narrow corridors or elevators?

Should requiring residents to wear face coverings in these or other common areas be part of your community’s Covid-19 protocols until such time as the CDC lifts this requirement?

 

Please be safe ~Stay Inside 

 

 

 

 

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BOARD CERTIFICATION FOR CONDOMINIUMS, COOPERATIVES AND HOMEOWNERS’ ASSOCIATIONS VIA ZOOM ONLINE

BOARD CERTIFICATION FOR CONDOMINIUMS, COOPERATIVES AND HOMEOWNERS’ ASSOCIATIONS VIA ZOOM ONLINE

  • Posted: Apr 18, 2020
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BOARD CERTIFICATION FOR CONDOMINIUMS, COOPERATIVES AND HOMEOWNERS’ ASSOCIATIONS VIA ZOOM ONLINE

by Katzman Chandler

Date: Thursday, April 23, 2020
Time: 12:00 pm – 2:00 pm
Location: , ZOOM ONLINE

Provider: 0007237
Course: 9626870
Instructor
William and Susan Raphan
Credit Information
2 Hours Manager Continuing Education Elective Credits

Learn the basics of Fiduciary duty, financial reporting and budget preparation, meetings and meeting notices, elections, fraud prevention, and much more! Enjoy a fun class while at the same time fulfilling the State’s Board Member certification requirements online with us via Zoom!

 


Partners, Attorneys and Paraprofessionals, we at Katzman Chandler strive to provide excellence and expertise in the area of Community Association Law, and our Name Partners have successfully done so for more than three decades.

In addition to providing exceptional levels of communication, personalized service, and a true passion for representing our clients’ interests, we endeavor to build meaningful and enduring relationships with each and every Community Association that joins the Katzman Chandler family of clients.

It is important to us that we get to know your Community, its Board of Directors and its management agents, so that we may render thoughtful advice and craft solutions that best fit the individual and unique needs of your Association. At Katzman Chandler, we understand the importance of being large enough to serve your Community’s needs, yet small enough to offer unparalleled personalized attention to every Community Association that we represent.

 


 

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Please join Community Financials, Mitch Drimmer of Axela Technologies, and Douglas Levy Esq Counsel for Community Association Practice Group at Rees Broome for a webinar

Please join Community Financials, Mitch Drimmer of Axela Technologies, and Douglas Levy Esq Counsel for Community Association Practice Group at Rees Broome for a webinar

  • Posted: Apr 14, 2020
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Please join Community Financials, Mitch Drimmer of Axela Technologies, and Douglas Levy Esq Counsel for Community Association Practice Group at Rees Broome for a webinar

This lively Question and Answer webinar on Assessment Collections during the COVID-19 Crisis Q&A 4/29/20 at 2:30 PM EST

 

 

Go to the article and scroll down to the bottom for the link to this webinar.

 

If you have questions we are going to have a webinar to address this issue and answer your questions:

Webinar – Assessment Collections during the COVID-19 Crisis Q&A with Legal & Collection Experts 4/29/20  at 2:30 PM EST

Douglas Levy  Counsel for Community Association Practice Group  at Rees Broome, PC in Tysons Corner, VA.

Mitchell Drimmer a licensed CAM and President at Axela Technologies a National Collection Agency specializing in Condo and HOA collections.

 

 

CLICK HERE TO REGISTER

 

 

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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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Give yourself a Gift and become a Florida Community Association Manager CAM!

Give yourself a Gift and become a Florida Community Association Manager CAM!

  • Posted: Dec 05, 2019
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Are you looking for a career change? Have you ever thought about becoming a Florida Community Association Manager (CAM)? This license is required to manage a Condominium or HOA in the state of Florida – and there is not exactly a shortage of those. Florida CAM Courses has been offering the required CAM Pre-Licensing Course to students for over ten years, and 88% of our students pass their State Exam and become licensed Florida CAMs. Check out our website here www.floridacamcourses.com

 

Florida CAM Courses is a company based in Vero Beach and serving all of Florida, that provides educational services to those in the community association profession or those that would like to enter our profession. We offer courses in whichever format you like to learn in. Whether you prefer in-person, online self-study or correspondence, you are in great hands with Florida CAM Courses. We provide practice materials at no additional charge and downloadable course materials to help you successfully pass the Florida CAM exam. We also offer a blog for updated news and current events in the CAM world.

How to Get a CAM License

Florida CAM Courses has been helping people in Florida prepare for their state exam and become certified Community Association Managers for over a decade. We know the process that works and can help you in every step of the process. Feel free to reach out to us if you need help.

Coursework

Step 1

Register for a Florida CAM pre-license course, and show up for the class.

Pick One:

Prepare for Exam

Step 2

Get your fingerprints taken and register a time for the State Exam.

Prepare Yourself:

State Exam

Step 3

Schedule a Florida State CAM License Exam and pass it.

Take the State exam:

 

Florida CAM Courses

7150 20th St.
Vero Beach, FL
32966

 

 

 

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Hire and retain skilled community association staff members

Hire and retain skilled community association staff members

  • Posted: Oct 28, 2019
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Talent needed: How to hire and retain skilled community association staff members

Recruiting and retaining skilled team members can be challenging for community associations and management companies, especially in a very competitive labor market and with communities limited by tight budgets.

In this reality, it becomes even more important for associations and management companies to highlight their strengths and address organizational shortcomings, says business consultant Bob Begley.

The founder of Golden Sands Management Consultants, LLC, a Florida-based business consulting firm, Begley has been an innovative business thinker for more than 30 years. He has advised hundreds community leaders while serving as the CEO of Golden Sands Community Management, Inc. He’s also authored 27 continuing education courses for CAM’s and board members through his sister company, Florida CAM Courses.

The issue at hand is recruiting in a very different workforce. Begley states, “I noticed that over the past few years, there was a very big disconnect between what the young people that I was hiring wanted from their experience of work and what I needed from them at work, as their employer”. We want to help company leaders understand ways to attract talented workers.

People think that the secret to attracting and retaining talent is little things like, ‘Let’s give them free lunch’ or ‘What perks can we offer?’ or ‘What are our benefits compared to the benefits down the road?’ But at the end of the day, it really comes down to the quality of the organization. Is it successful? Is it high performing? Because good, smart people want to work in those environments.

 

Here are a three best practices for community associations and management companies for recruiting and retaining talent:

  1. Stop thinking about tactics, and start thinking about the performance of the organization. The focus should be on building an organization that is robust and resilient. Great organizations have no trouble attracting and retaining talent.
  2. Build a culture that people want to work in. The perks and benefits can’t be the only lure for bringing in talented workers. I caution you that if the culture doesn’t reflect what was promised to the manager when hired, you’ll find yourself in bigger trouble.
  3. Be courageous. It’s important to brave a tight labor market to find talented people. It’s also about having the courage to build a high-performing team. A team is only as strong as its weakest link, so we need to be capable of managing the performance of the underperformers or, at times, even having the courage to move people on.
  4. Once you find the perfect new hire, treat them as the valuable resource that they certainly should be in your organization. Practice A.R.E. with all team members – Appreciate, Recognize and Encourage. For more on creating Wonder in Your Workplace, visit the Florida CAM Courses website to download Wonder in the Workplace.

 

 

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THE FLORIDA LEGISLATURE NEEDS TO MANDATE CONDO AND HOA EDUCATION  By Eric Glazer, Esq.

THE FLORIDA LEGISLATURE NEEDS TO MANDATE CONDO AND HOA EDUCATION By Eric Glazer, Esq.

  • Posted: Oct 28, 2019
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THE FLORIDA LEGISLATURE NEEDS TO MANDATE CONDO AND HOA EDUCATION

By Eric Glazer, Esq.

We all know that condo and HOA board members must get certified within ninety (90) days of getting on to their Board of Directors. Unfortunately however, Florida law allows board members to get certified either by attending an educational course or by signing a ridiculous, silly, self-serving, nonsensical affidavit that says you read your governing documents and promise to enforce them. If you live in a condominium, the affidavit does not require you to say you have read Florida Statute 718. If you live in an HOA, the affidavit does not require you to say you have read Florida Statute 720. In fact, many association documents contain illegal provisions. So leave it to the State of Florida to certify a director who promises to uphold and enforce the illegal provisions contained in their governing documents.

Just a few years ago a Miami Dade County grand jury delivered a blistering report about the state of condominiums in Miami-Dade County. It wasn’t flattering. The grand jury report was on the contrary, a blistering report about just how bad things are in many of our associations. Kickbacks, stealing and conflicts of interest seem to be everywhere. In response to this grand jury finding, The Florida Legislature passed numerous new laws making certain actions a crime. If anyone knows anyone who knows anyone that was arrested under any of these new crimes, let me know because I haven’t heard of anyone. I warned when these laws were passed that the local police departments have murders, rapes and robberies to solve, not election crimes. Sure enough, law enforcement rarely if ever gets involved.

One way that The Florida Legislature could have helped is by mandating that if you want to be a board member you must take an educational class approved by the Department of Business and Professional Regulation. There is no requirement under the law that a Board member be an attorney, accountant, contractor, or have any prior experience in association matters of any kind. Yet, when board members are elected or appointed, they are given the keys to the kingdom and are often times in charge of budgets in the seven or eight figures. They need to immediately know some laws, rules, regulations and have a general understanding of their governing documents. When they don’t, money is misspent. Lawsuits happen. Maintenance suffers and ultimately all the unit owners suffer financially. The lawyers do well however.

I have taught the Board Certification educational course to about 20,000 Floridians all across the state. These people wake up early, take time out of their busy lives and all want to become better board members and keep their association out of harm’s way by attending a 3 hour class. It is embarrassing for me to tell them that they were not required to attend today’s class and instead they could have printed out a stupid form off of the internet, signed it, and have become certified to the same extent as if you took this seminar. It’s insane and it’s insane that The Florida Legislature lets this shenanigans and this farce continue.

After having the honor and privilege of practicing in this area of law for 27 years I am delighted that The Florida Bar now recognizes Condominium and Planned Development Law as an area that is complicated and where attorneys themselves can become “certified.” I am honored to be one of a miniscule percentage of attorneys in the state to be certified in this area. Now it’s time for The Florida Legislature to step up to the plate, realize that education must be mandatory and make sure that board members don’t get certified by signing a dumb form. They have to attend a course for a few measly hours before they get to control millions of dollars in cash and real estate and potentially wreck the lives of their fellow owners. If they can’t find the three hours of time to attend the class how are they going to find the time to attend meetings, pass budgets and solve the association’s problems?

If you agree with me, then make your voice heard today. Not tomorrow. Right Now.

Here is the website to find your local Florida Senator and House members: https://www.flsenate.gov/senators/find

Send them an e-mail today that says:

“I’m writing to demand that The Florida Legislature remove the ability of officers and directors of community associations to become certified by signing an affidavit. All Florida community association directors and officers must be required to attend an educational course approved by the Department of Business and Professional Regulation.”

 

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Now That You’re Elected to the Board, Are You Aware of the Reporting Statute?

Now That You’re Elected to the Board, Are You Aware of the Reporting Statute?

  • Posted: Aug 29, 2018
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Now That You’re Elected to the Board, Are You Aware of the Reporting Statute?

Congratulations! You’ve succeeded in being elected as a member to the prestigious world of your Homeowner’s Association Board of Directors! But are you aware of the certification requirements of Fla. Stat. 720.3033 that could suspend or even end your newly “elected official” career before it’s even begun? As a newly elected Homeowner’s Association Board Member you are required to comply with the reporting requirements imposed by the Florida Legislature through the enactment of Florida Statute 720.3033 as amended on July 01, 2013 and that requires all HOA directors to verify that they are prepared and qualified to serve their respective association board in one of two ways.

The first option via §720.3033(1)(a) is that within 90 days after being elected or appointed to the board, each director shall certify in writing to the secretary of the association that he or she has read the association’s declaration of covenants, articles of incorporation, bylaws, and current written rules and policies; that he or she will work to uphold such documents and policies to the best of his or her ability; and that he or she will faithfully discharge his or her fiduciary responsibility to the association’s members.

Board Member Courses can be found on our Calendar of Events

The second option via §720.3033(1)(a) is that within 90 days after being elected or appointed to the board, in lieu of such written certification, the newly elected or appointed director may submit a certificate of having satisfactorily completed the educational curriculum administered by a division-approved education provider within 1 year before or 90 days after the date of election or appointment. Furthermore, according to §720.3033(1)(b), the written certification or educational certificate is valid for the uninterrupted tenure of the director on the board. It would behoove the newly elected or appointed board member to pay heed to this requirement because a director who does not timely file the written certification or educational certificate shall be suspended from the board until he or she complies with the requirement and the board may temporarily fill the vacancy during the period of suspension. However, as a side note, it would be prudent and diligent for the newly elected director to be familiar with and understand both their own associations governing documents and the Florida Statutes applicable to homeowner’s associations.

After you have complied with the reporting requirements of §720.3033, the association shall retain each director’s written certification or educational certificate for inspection by the members for 5 years after the director’s election. However, the failure to have the written certification or educational certificate on file does not affect the validity of any board action as provided in §720.3033(1)(c). It bears noting at this juncture that if for any reason you are removed from or surrender your position as a director prior to the termination of your elected term that you will have to re-certify upon being re-elected or appointed back on the board of directors in the same manner as your initial election or appointment.

Read other Articles for HOA Board Members

 

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Pros and Cons of Living in an HOA Community

Pros and Cons of Living in an HOA Community

Pros and Cons of Living in an HOA Community

Pros:

  • The homeowners association pays for common areas like swimming pools, spas, tennis courts, parks, private roads, sidewalks and clubhouses you are able to enjoy a pool without having to maintain or clean it, or enjoy a playground or garden without the hassle of maintenance.
  • Some HOA’s also offer services like lawn maintenance to keep the neighborhood looking good all the time. You don’t have to hire someone yourself and your property always looks pristine.
  • Homes within HOA communities typically maintain their values better than non HOA deed restricted communities. By regulating the appearance of common areas your curb appeal and home price tend to be higher.
  • Often, HOAs promote a strong sense of community. Friends can gather at the clubhouse or common areas, people get to know their neighbors, and there are usually social functions planned year round.
  • Issues with neighbors like unwanted cars parked in front of your house are handled by the association, taking the pressure (and responsibility) off of residents.

 

Cons:

  • The price of your perfectly manicured lawns could be losing the freedom to choose your holiday decorations or the color of your house. There are rules and restrictions and the HOA documents can dictate what you can and cannot do in common areas.
  • A homeowner may encounter restrictions if they want to rent out their property. The association may require potential renters to be screened and approved by the HOA board, how much you charge for rent could also be regulated along with the duration of the rental. Some HOA’s ban rentals altogether.
  • The more amenities that are offered, the more the monthly dues can be. Sometimes the extra expense of monthly dues may more than some homeowners can afford.
  • Some HOAs are poorly managed by board members who don’t have enough time to devote to the community. Others too might be managed by a third party company (property manager) which can feel like giving up control of your neighborhood.

 

Before purchasing a property within an HOA or condo community it is very important that you find out how the association is run, how much the monthly association fees are, what the fees cover and how much money is in the reserve fund to cover any large expenses such as replacing a clubhouse roof. Always get a copy of the rules and regulations before you purchase so that you are completely aware of what you can and cannot do within the community. For example, if you purchase within a condo/townhouse community where there are zero lot lines, more than likely you won’t be able to touch the landscaping outside your home. If you are an avid gardener then this is definitely something you will want to consider before purchasing.

One thing that is a must is:  Education! Managers and Board Members can sign up via their Email Addresses we have Articles written by members that are sent weekly to our industry.

SFPMA and its members provide the industry with information, Events, Services, Forms, Legal for Condo and HOA’s, Our members are the Trusted Service Companies, Businesses and Management Professionals that help Condo & HOA’s all over Florida.

 

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