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When are Budgets due?

When are Budgets due?

  • Posted: Jan 04, 2024
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Within 90 days after the end of the fiscal year, or annually on such date provided in the bylaws, the association must have prepared a financial report on the financial activities of the preceding fiscal year.

Within 21 days after the financial report is completed, but no later than 120 days after the end of the fiscal year, the board must provide each member with a copy of the financial report or, at a minimum, provide written notice that a copy of the financial report is available upon request, at no charge to the members.

 

Some things to consider:

  • Don’t delay – Start the process as early as possible so that you don’t miss items that could significantly impact your budget. Now is the perfect time to start preparations if your budget starts January 1.
  • It is a monotonous task, but a vital one. In this day and age, assessments will more than likely have to increase due to increases in insurance, utilities, and that never ending “wish list.” Have a budget plan. Look at the goals for the community. What does the Board want to achieve?
  • Review past budgets and the final year performance. If you overspent more years than not, obviously you need to make some changes.
  • Pet projects don’t always make the cut. Be realistic about what can be achieved.
  • Go over all contracts. You should have a spreadsheet of all contracts with expiration dates, whether they are auto renewed unless you send a cancellation notice, what is the cancellation timeline, does auto-renew have an increase and how much.
  • Ensure you are funding enough for your reserves.
  • Get a Reserve Study, or at least an updated Reserve Study to ensure you have accurate numbers.
  • Have a well-funded maintenance program. The disasters of the recent past is an indication of just how important it is to keep up even the most mundane maintenance. Proper maintenance may help delay some of the replacement items in your reserve study.

 

The financial report must consist of a complete set of financial statements prepared in accordance with generally accepted accounting principles. The level of financial reporting that must be prepared by the board is based on the total annual revenue (including reserves) of the association, as follows:

 

  1. An association with total annual revenues of $150,000 or more, but less than $300,000, shall prepare compiled financial statements.

  2. An association with total annual revenues of at least $300,000, but less than $500,000, shall prepare reviewed financial statements.

  3. An association with total revenues of $500,000 or more shall prepare audited financial statements.

  4. An association with total annual revenues of less than $150,000 shall prepare a report of cash receipts and expenditures.

 

Interestingly, if the board desires to raise the level of financial reporting, it may be increased without membership approval by board action alone, unless the governing documents provide otherwise. In addition, if the board is not inclined to approve a heightened level of reporting, but the members want to do so, then upon twenty (20%) percent of the parcel owners petitioning the board to increase the level of financial reporting from that required by Statute for that fiscal year, the board must notice and hold a membership meeting within thirty (30) days of receipt of the petition. To raise the level of financial reporting, a majority of members present at such meeting must cast their vote in favor of doing so.

 

However, lowering the reporting threshold is a different matter entirely because only the members can make that decision. To accomplish this, a majority of members present at a properly noticed membership meeting must cast their vote in favor of lowering the level of financial reporting. The meeting must take place prior to the end of the fiscal year in question.

 

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4 Things to Consider Adding to Your Budget For an Amazing Resident Experience by BuildingLink

4 Things to Consider Adding to Your Budget For an Amazing Resident Experience by BuildingLink

  • Posted: Jan 04, 2024
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If you’re like most multifamily communities, August marks the beginning of your budgeting season. To create an amazing resident culture, property managers need to get ready to sharpen their pencils. In today’s competitive environment, however, that means more than just nailing down your expense forecasting for the new year.

 

 Residents these days expect more than ever from their community’s amenities and services, reflecting broader changes in their lifestyle and work habits. With the continued trend of working from home, many residents are now looking to their apartment amenities to serve as extended living and working spaces. This presents an exciting opportunity to create an outstanding culture and experience that drives them to renew their leases and recommend the property to others. In this post, we share four things that property managers should consider adding to their budgets this planning season.

 

1. Community Events

If you haven’t already considered hosting community events, now is the time. By hosting fun and exciting events for your residents, you’ll help them form connections with their neighbors and engage with the property. These connections can create a sense of belonging and mutual support, leading to a happier and more harmonious community. The increased engagement between residents can also foster a culture where residents take better care of shared spaces, since they have a stronger sense of pride and ownership within their surroundings.

The scale of your community events can range from more casual gatherings, such as coffee hours in the lobby, to more elaborate occasions, such as holiday parties or outdoor movie nights. Budgeting for these events may vary accordingly. A small-scale event can be executed with a minimal budget, while a larger-scale event may need a more significant budget allocation to factor in food, entertainment, and decorations.

For those wrapping up the end of summer with a resident event, our blog, “Six Resident Event Ideas: Summer Edition,”can provide some great inspiration.

2. Concierge Services

For many, concierge services are one of the first things that comes to mind when you think about high-rise lavish apartment home living. Providing services that make residents’ lives easier is a huge draw that can drive satisfaction up and enhance their quality of life.

Don’t worry if your property can’t afford a full-time concierge to work as a front desk associate. You can choose to provide select key services that can be managed within your budget. Package tracking is an excellent example, as it eliminates the stress of missing deliveries for residents. Similarly, a reliable key management system can provide residents with peace of mind regarding access for guests, cleaners, pet sitters, and more.

Pro Tip: To optimize your front office and concierge services, consider using a platform such as ConciergeLink. From enhanced incident report management to paperless shift logs and time tracking, you’ll know your property is always running smoothly.

3. Fitness & Wellness Amenities

In today’s health conscious society, providing fitness and wellness amenities within your property is an excellent way to improve the culture, allowing residents to stay active without needing to leave the property. Consider budgeting for updated exercise machines, spa facilities such as a sauna, or meditation areas to help residents unwind and relax. If your property is limited in physical space, consider establishing a partnership with a local wellness center or gym as an alternative solution. You may be able to offer residents discounted gym memberships or wellness services adding value to their residency.

Providing ways for residents to take care of their physical fitness does more than improve their individual quality of life. It also helps create a vibrant community culture that residents can enjoy and take pride in, positioning your property as one that truly cares for and invests in its residents.

4. A Branded Mobile App

Leveraging a branded mobile app is a powerful way for property managers to improve communication with residents and enhance their overall living experience. These branded apps can serve as a centralized platform for residents to access important information, receive communication, request service fixes, and more. With a mobile app that reflects your property’s branding, you can foster a stronger sense of belonging and familiarity among residents.

BuildingLink offers custom mobile apps for both iOS and Android platforms. You can customize the app to your property’s logo and colors, providing your residents with a seamless and professional look that aligns with your brand identity. Learn more about our custom mobile apps here.

Partner With BuildingLink

Trusted by condos, co-ops, HOA’s and multifamily properties around the globe, BuildingLink helps property managers deliver superior resident experiences while streamlining maintenance and operations. We offer tools that will simplify your record-keeping and administration, communications, maintenance, and front desk operations.

When you’re ready for smarter property management, book your BuildingLink demo today.

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Condos and HOAs Follow Different Budgeting Rules,” by Becker

Condos and HOAs Follow Different Budgeting Rules,” by Becker

  • Posted: Jan 04, 2024
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Condos and HOAs Follow Different Budgeting Rules

Joseph E. Adams / Becker

 

Q: Our association will be holding its annual budget soon. After receiving the notice for this meeting, I called our association manager to ask how and where I could obtain a copy of the proposed budget. I was told that a copy of the approved budget would only be provided to the members after the budget meeting. In other words, the proposed budget would not be provided to the members in advance of the budget meeting at which the proposed budget would be considered and adopted. Is this right? I cannot help but feel very apprehensive about the contents of the proposed budget, considering the fact that it has been made unavailable for review in advance of the meeting? (P.M., via e-mail)

 

A: The answer to your question depends on several factors, including whether your association is a condominium or homeowners’ association.

Chapter 718 of the Florida Statutes, the Florida Condominium Act, requires that at least 14 days prior to the meeting where the board will consider the budget, the association must mail, hand deliver, or electronically transmit (to those unit owners who have consented in writing to receive electronic notice) notice of the meeting along with a copy of the proposed budget. The notice of the meeting must also be posted on the condominium or association property at least 14 days in advance of the meeting.

For associations managing a condominium with 150 or more units, these materials must also be posted on the association’s website or make such documents available through an application (app) that can be downloaded on a mobile device

By comparison, Chapter 720 of the Florida Statutes, the Florida Homeowners’ Association Act, only requires 48 hours posted notice of the budget meeting and requires the notice to state that assessments will be considered. There is no requirement that the notice be sent to the owners, and there is no general website posting requirement for HOAs in Florida.

The Homeowners’ Association Act also requires the associations to provide each member with a copy of the annual budget, or a written notice that a copy of the annual budget is available upon request at no charge, within 10 business days of the board adopting the annual budget. There is no requirement for homeowners’ association to send the members the proposed budget in advance of the budget meeting.

Therefore, for condominiums, the proposed budget needs to be sent out 14 days in advance, but the adopted budget does not need to be sent to owners. For homeowners’ associations, it is the opposite, the budget is sent or made available to the owners after adoption but is not required to be circulated before the meeting. Notice procedures are also more relaxed in the HOA context. This is probably one area where the two statutes should contain the same procedures, as this does create some confusion, especially at this time of year when budgets are the main order of business.

There are other important differences between condominium and homeowners’ association budgeting procedures, specifically regarding reserves. In general, all condominiums must present reserves with the budget based on a statutory list of required items, and these reserves must be “fully funded” unless the owners have voted to waive or reduce the full funding of reserves. Conversely, in homeowners’ associations, there is no general statutory requirement for reserves and the provisions of the governing documents are usually determinative.

From your description, it sounds like you are a member of a homeowners’ association. The procedures you describe do not violate the Homeowners’ Association Act. Of course, any additional procedures or requirements of your community’s governing documents need to be followed. The proposed budget is also an “official record” and you are also legally entitled to require the association to produce it for your inspection, and if you choose, copying. The association generally has 10 working days to respond to official records inspection requests.

Joseph Adams is a Board Certified Specialist in Condominium and Planned Development Law, and an Office Managing Shareholder with Becker & Poliakoff. Please send your community association legal questions to jadams@beckerlawyers.com. Past editions of the Q&A may be viewed at floridacondohoalawblog.com.

 

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COAs must prepare operationally and financially for new legislation by Jim Weaver, Market President – First Federal Bank

COAs must prepare operationally and financially for new legislation by Jim Weaver, Market President – First Federal Bank

  • Posted: Jan 04, 2024
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 COAs must prepare budgets operationally and financially for new legislation by Jim Weaver, Market President – First Federal Bank

 

It would seem in today’s world the life of many Condo Associations are financially battling a 3–headed dragon known as Insurance, Milestone Inspections and Structural Integrity Reserve Studies. Alone, any one of these could result in a substantial financial blow to an Association but being impacted by all three could result in a financial crisis. To dissect this “dragon” from a Banker’s perspective, let’s look at a high–level overview of each of these:

 

Insurance:

Many Associations (and homeowners in general) are aware of the growing insurance crisis in the State of Florida and anticipated their premiums to increase but not to the levels many have experienced in 2023. After discussions with several property managers, most Associations were told in 2022 that they should expect increases in the neighborhood of 25% – 50% year over year. Although, at the time, these appeared shockingly high, the reality for many in 2023 has been increases of 100% to as much as 400% of their 2022 premiums. It is safe to say that even the most conservative of budgets and the best prepared Associations were not financially prepared for this hike. Many Associations have been forced to either finance their premiums through their insurance company or look to their bank partner for lines of credit to supplement what they had assumed would be sufficient reserves. While legislation is pending to assist with this problem, it is unlikely a return to the “old normal” will ever occur and financing of insurance premiums will become the “new norm”.

 

Milestone Inspections:

A milestone inspection is an on-site review of all the primary structural components within the condominium building(s). The inspections must be completed by a licensed architect or engineer. The initial Phase 1 inspection is a thorough visual examination. If no signs of “substantial structural deterioration” is found, no further investigation is needed. If there are signs of “substantial structural deterioration”, a Phase 2 milestone inspection must be performed. This inspection will be as limited or extensive as required to complete the investigation into the problem areas as identified in the Phase 1. If necessary, the inspector could require destructive testing on portions of the structure to complete the report. Upon completion of the Phase 2, the report should provide guidance for remediation/repair of distressed areas of the building.

Milestone Inspection reports are required for all condominiums three or more stories in height which aged 30 or more years by July 1, 2022; the initial milestone inspection must be completed by December 31, 2024. If the condominium reaches 30 years of age on or after July 1, 2022 and before December 31, 2024 the initial inspection must be completed before December 31, 2025. All others must have their initial inspections completed in the year in which the reach 30 years old and in all cases, every 10 years thereafter.

While the cost for these inspections may not present a financial crisis, the cost of needed repairs could. Well reserved and monitored Associations may have little or minor needs for additional funds, but others may have an immediate need to raise significant funds for near term required repairs.

 

Structural Integrity Reserve Study:

All condominium buildings of 3 stories or more are required to perform a Structural Integrity Reserve Study. This is performed to ensure proper availability of funds at the time of anticipated needed structural repairs or replacement as per the study. This study must cover the following:

Roof

Structure including load bearing walls and all primary structural members

Fire proofing and fire protection systems

Plumbing

Electrical Systems

Waterproofing and exterior painting

Windows and Exterior Doors

Any other item that has a deferred maintenance expense or replacement cost that exceeds $10,000 and the failure to replace or maintain such item negatively affects the items listed above.

At a minimum the study must:

1) Identify each item of the condominium being visually inspected

2) State the estimated useful life and estimated replacement cost or deferred maintenance expense of each item of the property being visually inspected

3) Provide a funding reserve schedule with a recommended annual reserve amount that achieves the estimated replacement cost or deferred maintenance expense of each item.

As of December 31, 2024 it is mandated that Associations may not vote to waive or provide for reserves in an amount less than full funding for those items included within the Structural Integrity Reserve Study.

 

For many Associations who have historically partially funded or waived reserve funding, the requirement to fully fund for items included in the study will have an immediate and impactful shock to their financial structure moving forward. Depending upon the findings, Associations may need to raise large sums of reserves in a relatively short period of time. Fortunately for most Associations, the full impact will not be felt until the 2025 budget; however being proactive in 2024 will help prepare for the inevitable impact.

Disclosure: The commentary above should not be considered a legal opinion and does not encompass the full requirements of the legislation of Senate Bill 154 as discussed above. It is strongly suggested that any Association confer with their Attorney and/or CPA to understand the full requirements and impact of the legislation well in advance of any deadlines specified in the bill.

Authored by:

Jim Weaver

Market President

First Federal Bank*

Weaverj@ffbf.com

*First Federal Bank is available to serve financial needs of their local markets. Visit FFBF.com/locator to find the nearest location.

 

Find First Federal Bank on the Members Directory

First Federal Bank is a community-based bank offering consumer and commercial banking solutions, services, and loans through banking offices in Florida’s Panhandle, North Central and East Florida, and coastal South Carolina.

Mortgage, SBA and USDA customers are served through lending offices across the Southeast and Midwest.

First Federal is headquartered in Lake City, Florida with assets totaling over $3.6 billion. First Federal has received a “5-Star, Superior” financial rating from BauerFinancial, Inc., of Coral Gables, Fla. for more than two decades and was recognized by Newsweek as “Best Small Bank in Florida” in 2020 and 2021. For more information, visit http://www.ffbf.com.

 

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Florida Legislature to Pass Law Prohibiting Associations From Charging Estoppel Fees

Florida Legislature to Pass Law Prohibiting Associations From Charging Estoppel Fees

  • Posted: Jan 02, 2024
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YOUR ASSESSMENTS ARE ABOUT TO GO UP AGAIN

Act Now Before It IS Too Late!

Of all the subjects I never would have thought I would be writing to you about, it is this: the Florida Legislature is dangerously close to passing legislation that prohibits a Florida community association from charging a fee for the preparation and delivery of an estoppel certificate!!! The text of Senate Bill 278, along with its companion House Bill 979, fully prohibits condominium and homeowners’ associations from being able to charge the requesting party a fee for the preparation of the estoppel certificate. But, however, the professional who assists the association prepare and issue the estoppel, such as the management company and attorney, will now charge the association and not the party who requested the estoppel. This year’s legislative session starts very early, on January 9th. Your legislators need to hear from you that you do not want them to support these bills because they will cause financial harm to your association.

Why should community associations be stuck with the bill for the estoppel? This bill will fully shift the financial responsibility for the estoppel from the buyer or seller right on over to the association. In other words, the association still has to pay its agents, be it the management company or attorney, etc., to prepare the estoppel. At times it takes a lot of work, coordination and effort to timely issue the estoppel, let alone all of the liability that comes along with its issuance.

Since when in the United States of America can the legislature require any of us work for free? Well, it may sound like that because the buyer or seller will not have to pay for the estoppel but we all know in reality, nothing is free. This draconian fee shifting legislation could in a great many cases, if not all, act to increase every homeowner and condominium unit owner’s assessments who live in the community. Preparing estoppels can take significant time, most, especially, if there is a long history of nonpayment associated with the account. Also, existing violations must be taken into account in the estoppel certificate, etc., If the math is wrong, the issuer of the estoppel could end being financially responsible for the shortage, and they could be subject to, amongst others, Federal Fair Debt Collection Practice Act claims due to a mistake. Therefore, there is significant time involved in gathering all of this information, ensuring it is correct, and then issuing the estoppel within the required 10-day business day legislative timeframe. To make a long story short, management companies will have to increase their fees charged to the associations to offset their inability to charge the fee to the requesting party for the estoppel, and thus, every member of your association will have to pay more.

As to any rumors of rare abuse by those charging excessive estoppel fees, there are already safeguards built into the existing legislation which provide for summary legal proceedings that can be brought to compel compliance with the existing estoppel legislation and its financial cap. It even provides for prevailing party attorneys fees.

If you hear that objections to this legislation from management companies and attorneys are because they do not want to lose revenue such is not the case at all. It’s really quite simple: This legislation will fully shift the responsibility for the estoppel fees, from that of the requesting party, to all the owners that already live in the association’s community and who have nothing to do with the transaction at all.

As this is holiday season, if this passes into law, what a horrible gift that would be. To prevent this legislation from becoming law, please reach out to your legislators and let them know that you object to Senate Bill 278 and House bill 979.

HERE is a link to the SB 278.

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Thank You to our members and industry professionals for a great year. We look forward to even more information this year along with our “Florida Rising Industry Magazine in 2024.”

Thank You to our members and industry professionals for a great year. We look forward to even more information this year along with our “Florida Rising Industry Magazine in 2024.”

  • Posted: Jan 02, 2024
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Thank You to all of our State of Florida Property Management Association Members for a great year. supporting and informing our industry about Condo, HOA’s and Property Management Services have been a Big Success.
As we move into 2024 we have even more members to let you know about and found on our Find-A-Service.com Directory.
In 2024 Condo Boards and Property Managers will need help with Florida: Condo Building Inspections SB4D
Board Members can find the right information on our new websites and pages. Https://FLBuildingInspections.com
Tune Into Condo Craze And every Sunday At 11:00 a.m. Find us on our YouTube channel for our live shows.

Tune Into Condo Craze And every Sunday At 11:00 a.m. Find us on our YouTube channel for our live shows.

  • Posted: Jan 02, 2024
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Tune Into Condo Craze And every Sunday At 11:00 a.m. Find us on our YouTube channel for our live shows.

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Requirements for Obtaining a Florida Property Management License in 2024

Requirements for Obtaining a Florida Property Management License in 2024

  • Posted: Jan 01, 2024
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In Florida, managing, renting, and maintaining properties are classified as real estate activities. Therefore, anyone in Florida who offers these services for someone else and earns a commission must hold a valid real estate license.

However, under specific conditions, some property management services can be provided without a license in Florida. If a property owner hires an individual on a salaried basis to manage their properties, rather than paying them through commission or per transaction, the employee does not need a real estate license.

Additionally, it’s crucial to distinguish between a property manager and a Community Association Manager (CAM) in Florida, as they have different roles and responsibilities:

  1. Property Manager: A property manager oversees individual rental properties. Their responsibilities include finding and screening tenants, maintaining the property, collecting rent, and addressing tenant issues. They directly manage the property on behalf of the owner.

  2. Community Association Manager (CAM): A CAM, on the other hand, manages community associations like condominiums, homeowners associations, or cooperatives. Their duties are broader and include enforcing community rules, managing common areas, handling association finances, and coordinating with the association’s board of directors. A Florida CAM License is required when managing a community association of more than 10 units and/or with an annual budget in excess of $100,000.

While both roles involve managing real estate, a property manager is generally more focused on the day-to-day operations of specific rental properties, whereas a CAM is involved in the broader management of community living spaces and their associated organizations.

In Florida, the licensing requirements for becoming a Community Association Manager (CAM) and a real estate agent share several similarities. While both paths involve pre-licensing education, background checks, and state exams, the specific course requirements, hours of education, and the nature of the exams differ.

Real Estate License

  1. Age and Education: Be at least 18 years old and have a high school diploma or equivalent.

  2. Pre-Licensing Education: Complete a 63-hour pre-licensing course approved by the Florida Real Estate Commission (FREC).

  3. Application: Submit an application to the FREC and pay the required fee.

  4. Background Check and Fingerprints: Undergo a background check and submit fingerprints.

  5. State Exam: Pass the Florida Real Estate Sales Associate exam.

  6. Post-Licensing Education: Complete a 45-hour post-licensing course before your first license renewal.

  7. Continuing Education: Complete 14 hours of continuing education every two years to maintain your license.

Community Association Manager (CAM) License

  1. Age and Education: Be at least 18 years old. A high school diploma is commonly preferred but not always required.

  2. Pre-Licensing Education: Complete an 16-hour state-approved CAM pre-licensing course.

  3. Application: Submit an application to the Florida Department of Business and Professional Regulation (DBPR) and pay the required fee.

  4. Background Check and Fingerprints: Undergo a background check and submit fingerprints.

  5. State Exam: Pass the Florida CAM exam.

  6. Continuing Education: Complete 15 hours of continuing education every two years to maintain your license.

In summary, obtaining a property management license in Florida in 2024 requires a thorough understanding of the specific roles and legal requirements. For a property manager handling rental properties, a real estate license is necessary, involving education, exams, and ongoing training. For a Community Association Manager (CAM), who manages larger community associations, the licensing process is distinct but similar, reflecting the broader scope of their responsibilities. Staying informed and compliant with Florida’s real estate regulations is essential for a successful career in property management or community association management.

 

You can find out more on Licensing from our partners on the SFPMA.com website. Our Association and Industry Partners provide: Licensing Classes, Training and Licensing for CAM’s and Required Board Member Courses.
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