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Twinkling lights, snowy nights, and trees adorned with festive ornaments and ribbons of yellow and gold. It’s beginning to look a lot like Christmas, which means only one thing for your front office staff: the holiday package invasion is here! Logging packages can take a long time. With all of Santa’s deliveries piling up, this can distract your team from providing your residents with the service they deserve.
When you’re ready to speed things up, ImageR is here to help. Our revolutionary smartphone-based and AI-powered package scanning function reduces the average time to enter packages from nearly one minute to less than eight seconds. With ImageR, your team will fly through delivery processing like Rudolph the night before Christmas. More than 3,600 properties worldwide are now processing about 800,000 packages a month with ImageR, and it can help make your front office operations far more efficient year-round as well.
Utilizing Image Recognition, AI, and Optical Character Recognition (OCR), ImageR turns any smartphone into a package processing powerhouse. Paired with BuildingLink’s GEO app (our iOS and Android app for management), any phone with a working camera can read labels, scan barcodes, and match resident names to packages. Beyond reading package information, it:
Meanwhile, residents can set their package notification preferences in their BuildingLink profiles and staff can send automated reminders when deliveries have been left an amount of time that you can customize. Our platform allows you to offer contactless pickup as well, a safe alternative to residents having to sign for packages.
ImageR reduces the time to process packages by 80%, but its benefits go far beyond efficiency. Given its ease of use and direct integration into the BuildingLink database, ImageR lessens the likelihood of manual errors and missing packages. It can also be used anywhere, meaning your team no longer needs to be tied to a computer when they’re processing packages. With its automatic delivery notifications, your residents won’t have to wonder if their package has arrived.
If you already have the BuildingLink GEO app, you can access ImageR from the home screen. Tap the ImageR icon and your camera will open within the app, then point it at the shipping label and wait for the two-tone beep that plays only when you’ve logged the package successfully. Press save and you’ll be well on your way to processing the next delivery.
Sincerely,
Richard Worth
Regional Sales Director – Florida
407-529-6063
Here are some Christmas tree fire safety tips to keep your holiday celebrations worry-free:
Keep it Hydrated: Water your tree daily to prevent it from drying out and becoming a fire hazard.
Placement Matters: Position your tree away from heat or open-flame sources, like candles, heaters and fireplaces. We know, there are not many fireplaces in South Florida, but just in case 
.
Lights Check: Inspect your holiday lights for any frayed wires or damaged bulbs before decorating.
Unplug at Night: Remember to turn off tree lights before heading to bed or leaving home.
Quality Ornaments: Use non-flammable or flame-resistant decorations to minimize risks.
Fire Extinguisher Ready: Have a fire extinguisher nearby, just in case.
Find your answer at RembaumsAssociationRoundup
An extremely similar fact pattern leads to diametrically opposed results between Florida’s Fourth District Court of Appeal and Florida’s Third District Court of Appeal.
In the case before the Fourth District Court of Appeal, Fellman v. Mission Viejo Condominium Association, Inc., Case No. 4D22-1260, (Fla. 4th DCA April 6, 2023), 175 of the 176 condominium units were acquired over time by a bulk owner, and the bulk owner sought termination of the condominium. However, Fellman as the single holdout objected to the plan of termination. At trial, the trial court entered a summary judgment in favor of terminating the condominium, which Fellman then appealed to the Fourth District Court of Appeal.
The Mission Viejo Declaration of Condominium was recorded in 1980 and required 100 percent consent of all unit owners as necessary to terminate the condominium form of ownership. Forty-one years later, on February 5, 2021, the bulk owner amended the required vote to terminate the condominium from 100 percent to 80 percent, using the general amendatory provision set out in the Declaration of Condominium, which required only 80 percent consent of the voting interests. Therefore, notwithstanding the original 100 percent requirement necessary to terminate the condominium, only 80 percent of the owners had to vote in favor of lowering the consent needed from 100 percent to 80 percent, which resulted in fully divesting Fellman of the right to object to the termination of the condominium.
Obviously, Fellman did not vote in favor of the amendment. Fellman argued that by allowing 80 percent of the unit owners to amend the otherwise required 100 percent consent of all owners to terminate the condominium, it fully eviscerated his right to object to the termination of the condominium and his voting rights—a right bestowed upon him when he purchased the unit. There are few things more sacrosanct than an owner’s right to vote. Nevertheless, neither the trial court nor the Fourth District Court of Appeal agreed.
While Fellman should have been able to rely on the 100 percent termination approval requirement as originally required in the declaration of condominium, the trial court believed that if the 100 percent requirement was to be protected from being amended with a lower percentage of voting interests, then the provision in the declaration of condominium should have clarified that it could only be amended by nothing less than 100 percent approval of the unit owners. Since it did not, the trial court found no issue with the bulk buyer eviscerating the 100 percent vote needed to terminate the condominium with 80 percent of the voting interests casting their vote in favor of the amendment.
Fast forward eleven months to March 13, 2024, when Florida’s Third District Court of Appeal, in Avila v. Biscayne 21 Condominium, Inc., Case No. 3D23-1616 (Fla. 3d DCA Mar. 13, 2024), noted that the provision in the Biscayne 21 Declaration of Condominium (requiring 100 percent of the voting interests to vote in favor of the termination could NOT be amended using the lower vote threshold needed to amend the declaration of condominium) was likely to prevail. As you will note, this decision diametrically opposes the outcome in the Fellman case. In this case, Avila sought a temporary injunction to stop the plan of termination. The trial court denied it. Avila appealed, and the Third District Court of Appeal agreed with Avila that Avila’s claim stood a substantial likelihood of success on the merits. The declaration of condominium at issue in the Avila case had an additional provision that required “100 percent approval for amendments that alter the voting power of unit owners.” However, it should be axiomatic that to obliterate an owner’s right to vote by terminating the condominium where the declaration had required 100 percent of the owners to vote in favor of termination could not be amended by a termination provision of anything less than 100 percent of the owners.
The Third District Court of Appeal commented that the change to the termination vote threshold materially altered the unit owners’ voting rights. By requiring a unanimous vote for termination, the declaration of condominium originally gave every unit owner an effective “veto” over any termination plan, which would be lost if the amendment adopted by using the general amendatory powers set out in the declaration of condominium were to stand. The Court even cited the Tropicana Condominium Association, Inc. v. Tropical Condominium , LLC, 208 So. 3d 755 (Fla. 3d DCA 2016), finding that nonunanimous amendments to a declaration reducing the vote threshold for termination of condominium could not be applied where the declaration expressly required the unanimous vote to amend the termination provision, and the amendment, if retroactively applied, would eviscerate the unit owners’ contractually bestowed veto rights.
In fact, Fellman also argued the Tropicana case to the trial court, which rejected the argument; and to add insult to injury, such decision was affirmed by the Fourth District Court of Appeal. So, in the world of inconsistent decisions, Fellman was denied by the Fourth District Court of Appeal the right to veto the plan of termination and is in process of potentially losing his unit, while the Avila court found his right to veto the plan of termination seemingly protected by the Third District Court of Appeal as evidenced by issuance of the temporary injunction in his favor. Unfortunately, even once the Avila case reaches a final judgment, and if in Avila’s case that decision is appealed and upheld by the Florida Supreme Court, Fellman still loses his right to veto the plan of termination as initially bestowed upon him and, even more unfortunately, will lose ownership of the unit.
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November Board Member Certification Courses
If you plan to enroll in any of the free courses above, please note the following:
All Board Members who attend must conduct their own webinar registration and, on the day of the webinar, log in/join in on their own, with their own unique link (or phone in information) provided by Zoom. This must take place even if you watch with other people. This assures you will appear on the attendance sheet, providing proof of attendance.
Tags: Law and Legal, Members Articles
This week’s show is dedicated to Eric’s late mother-in-law, Linda, honoring her courageous five-year battle with cancer. We also dive into essential updates on Florida’s mandatory condo laws, and discuss the challenges of selling units amidst an oversupply. Plus, we spotlight PD Concrete’s impressive work and touch on the critical importance of voting in the upcoming election.
As always, we’ll be taking your calls on whatever topic you need answers to or whatever you need to get off your chest.
Call in with your questions & comments or ask them in the live YouTube chat! (717) 452-9378
The next show:
This Sunday on Condo Craze and HOAs, Eric and Karen dive into a critical topic for every Florida association: election season! With the national elections behind us, it’s time to focus on your community’s elections and ensure the process runs smoothly. We’ll cover the essential steps, from sending out the first notice 60 days in advance to handling candidate information sheets and voting certificates. Eric will highlight common mistakes—like incorrect deadlines, missing documents, and improper ballots—that could force costly do-overs.
As always, we’ll take your calls on any topic you need answers to, or anything you need to get off your chest live in the chat or call in at 717-GLAZER8. Don’t miss it.
Tags: Condo and HOA Law
by Becker / BECKERBALLOT
Many associations are considering whether to adopt online voting (or “E-Voting”). Legislation took effect enacting Section 718.128, back in July 2015. Florida Statutes, permitting condominiums, cooperatives and homeowners’ associations to conduct elections and other owner votes through the use of “an Internet-based online voting system.” This article will discuss how to do so and what the advantages are.
The first step is for a Board to decide if they wish to offer electronic voting to their members. Florida Statutes 718.128 requires associations to adopt a board resolution approving electronic voting before they can utilize this type of voting process. The resolution must determine the manner in which online voting will be conducted such as procedures, deadlines, opportunities to consent to and participate, or opt out. The resolution must be considered at a board of directors meeting on 14 days of notice. A copy of the resolution must be provided to owners.
The resolution must provide that:
All unit owners receive notice of the opportunity to vote through an online voting system prior to each election or other unit owner vote in which the association authorizes online voting;
The deadline to consent, in writing, to online voting must be no less than 14 days before the election or other unit owner vote;
A method to authenticate the unit owner’s identification to the online voting system;
A method to transmit an electronic ballot to the online voting system that ensures the secrecy and integrity of each ballot; and,
A method to confirm, at least 14 days before the voting deadline, that the unit owner’s electronic device can successfully communicate with the online voting system.
The first of these requirements will ensure continual notice under circumstances in which online voting is conducted on an ongoing basis, avoiding situations where new owners are unaware of their right to opt in, and the latter prevents issues arising from last minute consents, and protects against fraud.
The following are other significant requirements contained in the legislation:
The e-voting system must provide the owner with a receipt, including the specific vote cast, the date and time of submission, and the user identification.
The e-voting system must also produce an official record for the association identifying the specific votes cast on each ballot and the date and time of the receipt of each electronically submitted ballot. The association must then maintain this record.
Votes in an election of directors shall not be accessible to the association prior to the scheduled election. Failure to comply will void the election.
In associations where voting participation is an issue, online voting can greatly increase participation and generate enthusiasm for the voting process. Online voting can also lessen the risk of fraudulent elections. While the costs for use of online voting software are likely to exceed mail out costs in many associations, such costs can be mitigated over time, and associations have flexibility in determining whether particular meetings will utilize online voting (i.e. – it is not an all or nothing decision).
Associations choosing to move forward must take care to confirm that they are using a vendor that understands and complies with the technical requirements. Like all other vendor contacts, it is critical to discuss the terms with legal counsel, who can also determine whether the system to be utilized is compliant. As meetings approach where online voting will be conducted, the use of online voting will require certain additional disclosures and instructions to members in relation to the process. Contact an attorney with experience in condominium and homeowners association (HOA) law with any questions.
Our industry has a few that we looked into: one comes out as a leader
Today is the day you’ve been waiting for –BeckerBALLOT.com is LIVE! We have partnered with SHYFT digital to offer an easy-to-use, secure, electronic-voting solution for community associations across the state of Florida and beyond. It’s the same great software – only better!
What you can look forward to upon signing up:
We now offer flexible pricing, as well as a survey feature when you sign up for annual unlimited voting. The survey tool allows you to poll your community association without conducting an official vote.
Also, did you know that if you become a Becker annual retainer client, you will receive, among other benefits, a significant discount on BeckerBALLOT?
Tags: Condo and HOA Elections, Law and Legal
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Helping SFPMA Members with marketing. Call Vail today. Tell em, Frank Mari sent you. :)
It is always a great time to work on promoting your business and creating content that sets you apart as an industry leader. Here is some helpful insight as to why your marketing initiatives may be falling short.
10- It is Swiss cheese.
Your marketing has holes and inconsistencies. You start off strong and then you get so busy working “in your business” that you no longer have the time to “work on your business.” Marketing is not a one and done activity. It is a long term investment of time and focus. Marketing is only effective when you and your team are consistently executing it.
9- Lack of meaningful content
That’s great you want to celebrate “National Margarita Day” but when you are trying to build a business and connect with potential clients you want to always be providing value. Otherwise, it is just white noise and another post clogging up the newsfeed or another email flooding their inbox. You want to stand out, be informative and be memorable. Now, if you are a bar or restaurant owner, having a marketing campaign focused on “National Margarita Day” providing margarita recipes and drink specials, that would be an excellent idea.
8- Not connecting with your target audience
This goes hand in hand with your content. If you are producing meaningful, educational content that speaks to your industry; you will have a better chance at connecting and securing a relationship with your audience. Think about what issues your client base is faced with and how you can provide information and solutions to these issues. This will set you apart from your competitors as an expert in your field.
7- Not following up
Sales are often made on the 12th attempt to contact. That means a whole lot of follow up is needed after your initial contact. You have provided a service of preparing a cost estimate and service offering (proposal); your prospect at the very least owes you a response on whether or not they will be purchasing your product or service. Wouldn’t you want to receive some feedback on your pricing and proposal even if you did not win the job? An easy way to keep on top of your open items is to track in CRM system or simply setting follow up reminders on your calendar.
In addition, making contact with a prospect should be about building a relationship. People work with people they like and trust.
6- Poor communication
Say what you mean and mean what you say. Your messaging should be clear and consistent. Every social media post or blog you create is another opportunity to connect and engage with your clients and potential clients. Make it count!
And even if your content is good, if you are not interacting and responding to comments it makes you appear unresponsive and not engaged. Especially if someone has a complaint it is vital to address and resolve as quickly as possible.
5-Too focused on selling rather than educating
Every piece of content you publish sounds like a paid advertisement for your company. Yes, it is important for your target audience to know what you do but it is even more important to provide value and not just rattle off a list of services. This means everything you publish should be informative and educational in nature. Focus on the solutions you provide.
4-Your website stinks!
How can your clients find you if your website has poor SEO (Search Engine Optimization)? SEO refers to how well your company shows up in a Google (or similar search engine) search. If your website is optimized with the appropriate key words, your website will rank very well on a web search.
In addition, there is nothing more frustrating than trying to find information or a way to contact a company via outdated and overly crowded website. Your website should be easy to navigate and constantly updated with news and fresh content. It should also be interactive and provide opportunities to contact directly to request more information or a proposal.
3-Lack of social media strategy
“Social media doesn’t work.” Social media only works if you do. Another item that takes a little time and dedication. Take the time to set up weekly or even daily posts that tie into the content you are creating. Post or even share articles that are informative and relevant to your business and industry. It doesn’t have to be complicated or elaborate, the idea here is to put yourself and your business out there as a reliable, credible source.
You should be engaging with your connections as much as you want them to engage with you. A helpful tip: not everyone sees a ‘like’ but everyone sees a ‘comment.’ Just by posting a simple comment on a connections post, you will get seen and boost engagement not to mention make your friends feel great for encouraging them!
2- You don’t have a plan.
“If you fail to plan, you plan to fail.” It is imperative to have a plan and roadmap to help you reach where you are going. Marketing should be a collection of well thought out initiatives attached to a timeline.
1-You don’t have measurable goals.
“If you can’t measure it, you can’t improve it.” This applies to marketing as well. How do you know if your marketing is working if you have no means to measure and track it? There are a myriad of programs and Client Relationship Managers (CRM) available to help with this need. Everything from your client information, open proposals to marketing endeavors and dollars can be tracked in an easy to use, cloud based database.
Vail Marketing Solutions is a woman-owned, multi-service consulting firm providing marketing, communications and business development solutions for any business looking to increase their visibility and bottom line. Our approach delivers a cost-effective, customized marketing plan to fit the needs of your business and reach your goals. We will work hand in hand with you to develop your brand, tell your story and help you stand out from your competition ultimately leading to more growth opportunities.
https://www.vailmarketingsolutions.com/
Tags: Business Articles, Management News, Members Articles
What duty does a community association board member owe to their association? What happens if that duty is breached? During the legislative session, legislation was proposed that would have made directors criminally liable for failure to timely respond to official record requests, among other provisions. The legislation in House Bill 919 was proposed by Representative Porras in response to the alleged $3.4 million dollar embezzlement scheme that took place at the Hammocks Community Association, located in Miami-Dade County. Parts of this proposed bill were well-intentioned; however, several provisions were commonly viewed as too broad and expansive.
On November 15, 2022, the Miami-Dade State Attorney’s Office announced charges related to the Hammocks’ criminal case, including racketeering, organized scheme to defraud, money laundering, grand theft, and fabricating physical evidence against five board members. These board members have been accused of the following:
i) running a scheme in which they used HOA checks and HOA credit cards from 55 bank accounts to pay for “no-show” work by shell companies or vendors, who would funnel money back to the directors for their personal use;
ii) withholding official records from members; and,
iii) failure to hold valid elections, among other bad acts.
If found guilty these board members overtly breached their fiduciary duty to their association.
During the 2023 legislative session, House Bill 919 initially contained significant criminal penalties to punish board members who failed to provide official records when they otherwise should have, criminal penalties for kickbacks, and criminal penalties for improper election interference, among other provisions. Such laws, while well intended, went overboard as evidenced by the creation of criminal penalties for failure to provide official records, as such severe criminal penalties for operational matters would likely only deter good people from running for the board. Recognizing this potential issue, parts of HB 919 were tempered a bit prior to it becoming law. That said, in the opinion of this author, new laws with new criminal penalties are not the answer. Bad people do bad things, and no amount of laws will likely significantly change that. So, what is the answer?
One answer is to shore up the educational and certification requirements for board members. At present, there are two ways to be certified as a board member. One method is to take a State-approved class, which provides an overview of the voluminous information board members need to know in order to perform their duties. The other method is to sign a piece of paper that the board member has read the governing documents, will abide by them, and will faithfully discharge their duties. This second method should be eliminated as there is no method to confirm compliance, and this method does not have any educational component. In addition, continuing education requirements should be required for any board member serving consecutive years.
During a board certification class, time should be spent discussing the term “fiduciary duty.” While the term is repeatedly used in Chapters 718 and 720 of the Florida Statutes, it is not expressly defined in these statutes. Section 718.111, Florida Statutes, makes reference to Section 617.0830, Florida Statutes, which provides for general standards for directors of not-for-profit corporations, such as community associations.
Section 617.0830, Florida Statutes, provides the following:
Still, though, there is no express definition of the term “fiduciary duty.” The purpose of studying fiduciary relationships is to identify the areas where it exists and gain an insight into the duties of a fiduciary. After all, every board member is a fiduciary for their community association. Common definitions of the term “fiduciary” include:
In other words, a good community association board member puts the interest of their association above their own personal interests. Thus, while we may not be able to stop bad people from doing bad things, through continuing education we can help good people do better.
To recap, there are three things that can be readily accomplished that would make a positive difference for Florida’s community associations.
Tags: Board of Directors, Condo and HOA Law
In this post, we share our trends and predictions for multifamily in the upcoming year, offering you a detailed view on the challenges and opportunities that lie ahead.
In recent years, especially during the pandemic, the multifamily space has been increasingly prioritizing the resident experience. This upcoming year, property management companies will face an increased demand for resident-centric solutions that align with their growing needs and expectations. Today’s residents are seeking amenities that support remote working and their health and wellness goals. Moreover, there’s a heightened focus on building a positive resident culture that fosters community and social engagement. When residents feel connected to their neighbors and surroundings, they’re less likely to move, helping improve retention.
Property onsite teams are significantly enhancing the resident experience by improving their communication methods. This makes it easier for residents to report issues, request maintenance services, and receive timely updates. Consider using BuildingLink’s Communication Tools to effectively deploy important messages, ensuring your residents are always up-to-date and informed.
Amenities and services are also poised for significant improvements, reflecting residents’ expectations for greater value from their living spaces, especially with the rise in rents. From remote work spaces and podcast rooms to wider coffee options and fitness centers that host spin or yoga classes, residents are looking for conveniences that cater to their daily lives. Use BuildingLink’s Analytics & Reports to gauge the usage of your amenities, guiding you in making informed decisions to improve specific areas and optimize your investments. From there, remember to offer your residents an easy way to reserve spaces using the Amenity Reservations tool.
Like many industries, property management faced considerable staffing challenges last year, impacting overall operations. High employee turnover can be just as costly as high resident turnover, leading to a shortage of skilled staff and overburdening existing employees. This can then affect the ability to provide high levels of service quality and efficiency.
In response, some property managers are working to improve employee retention by creating development programs. The goal is to provide employees with additional training and learning opportunities that lead to career advancement and promotions. However, leveraging technology can also enable your current employees to achieve more with less. For example, equip your front desk team with BuildingLink’s Front Desk Instructions , which even allow them to view visitor photos, ensuring smoother check-ins regardless of the volume. Similarly, BuildingLink’s dedicated Staff App will help them process packages 80% faster than other package tracking solutions, reducing their workload while keeping your mailrooms organized.
One of the biggest predicted trends for property management in 2024 is the increased use of technology for improved maintenance, which is key for resident satisfaction and lease renewals. Properties are expected to adopt more smart home devices, such as smart thermostats and locks, as part of eco-friendly initiatives. On top of that, as part of their focus on the resident experience, property and maintenance managers will make it easier for employees and residents to submit and track maintenance requests. BuildingLink’s Preventative Maintenance is a valuable tool here, allowing you to reschedule recurring tasks, assign them to team members or vendors, and, ultimately, keep up with your maintenance needs.
For property management companies, digital tools that incorporate automation are becoming increasingly essential for enhancing operational efficiency. Automation significantly saves time, reduces costs, and improves accuracy. However, using multiple, disparate platforms can lead to major losses in efficiency. Each tool, with its unique interface and features, creates a learning curve, leading to inefficiencies as users jump between platforms and struggle to remember multiple logins.
In contrast, consolidating your proptech solutions will create a more efficient and cost-effective approach to managing your various processes, responsibilities, and tasks. Property managers want a user-friendly platform that automates workflows and provides reliable analytics and reporting. Be sure to take a unified approach when adding new tools to maximize your return on investment.
That’s why many property managers today are using BuildingLink to streamline their Front Desk & Staff Operations, Communications, Record-Keeping, Maintenance, and more. With more than dozens of integration partners, our platform seamlessly connects with various tools in access control, accounting, payments, and package management. Even better, we offer a mobile option for property teams on the go, allowing them to seamlessly access our powerful features no matter where or when the need arises. Let’s make 2024 a year of unparalleled success and growth, with BuildingLink by your side every step of the way.
Trusted by HOAs, co-ops, condominiums, 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 staff operations.
When you’re ready to run your community better, smarter, and faster, book your BuildingLink demo today.
SFPMA works throughout the State of Florida, we are a multi-member organization for the Condo, HOA and Property Management industry. Through knowledge based Articles, Events and our Members Directory, Clients find the right information to make an informed decisions for their Florida properties.
