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Find Blog Articles for Florida’s Condo, HOA and the Management Industry.

Disability Discrimination Under the Fair Housing Act by Guest Columnist: Danielle M. Brennan, Esq. B.C.S. [Kaye Bender Rembaum]

Posted: Dec 17, 2024
By: KBR Legal
Comments: Comments Off on Disability Discrimination Under the Fair Housing Act by Guest Columnist: Danielle M. Brennan, Esq. B.C.S. [Kaye Bender Rembaum]

As directors and managers of community associations, it is likely that you are very familiar with disability-related requests for reasonable accommodations under the Fair Housing Act, particularly requests for accommodation to pet restrictions so that a disabled person may have an assistance animal within the community. However, the failure to grant reasonable accommodations is not the only form of disability discrimination under the Fair Housing Act.

The Fair Housing Act also makes it unlawful for a housing provider to refuse to permit, at the expense of the disabled person, reasonable modifications of existing premises occupied or to be occupied by such person if such modifications may be necessary to afford such person full enjoyment of the premises. For example, reasonable modifications may include widening doorways to make rooms more accessible for persons in wheelchairs, installing grab bars in bathrooms, lowering kitchen cabinets to a height suitable for persons in wheelchairs, adding a ramp to make a primary entrance accessible for persons in wheelchairs, or altering a walkway to provide access to a common use area.

In order for an individual to be entitled to a reasonable modification under the Fair Housing Act, the individual must first make a request for a reasonable modification. An individual makes a reasonable modification request whenever he/she makes clear to the association that he/she is requesting permission to make a structural change to the premises because of his/her disability. Although the association may adopt and use specified forms and procedures for processing modification requests, the association cannot refuse a request because the individual does not use the specified form or follow the established procedures. All the individual needs to do is make the request, orally or in writing, in a manner that a reasonable person would understand to be a request for permission to make a structural change because of a disability.

As part of the request, the individual must (i) establish that he/she is disabled (i.e., the person has a physical or mental impairment that substantially limits one or more major life activities) if the disability is not already known to the association or readily apparent; (ii) describe the type of modification requested; and (iii) explain the relationship, or nexus, between the requested modification and the individual’s disability.

The association is required to provide a prompt response to a reasonable modification request. An undue delay in responding to a reasonable modification request may be deemed a failure to permit a reasonable modification. There is no clarity as to what constitutes a “prompt response” or “undue delay” for a reasonable modification. However, if we are to borrow from guidance from the U.S. Department of Housing and Urban Development regarding reasonable accommodations under the Fair Housing Act, then a response should be issued within ten days.

The failure to permit a person with a disability to make a reasonable modification or the failure to promptly respond to a request for a reasonable modification is deemed discrimination under the Fair Housing Act. If discrimination is found to have occurred, the association may be subject to an injunction, forcing the association to permit the requested modification, and an award for damages, which may include punitive damages. In addition, violations of the Fair Housing Act are one of the few instances in which individual board members may be held personally liable for such violations. Given the potential for liability and the many factors which must be considered upon receiving such a request, the board must carefully evaluate a request for a reasonable modification in a timely manner and on a case-by-case basis.

The association cannot condition its approval of the requested modification upon the payment of a security deposit or the purchase of additional insurance and cannot insist that a particular contractor do the work. However, the association can require that the unit owner obtain any building permits needed to make the modification and that the work be performed in a workmanlike manner. From a practical perspective, there will need to be coordination between the association and the unit owner, for example, to obtain whatever permits may be required and to schedule the work, given that the modification may be made to the common areas owned by the homeowners’ association or the common elements controlled by the condominium association.

As to the modification itself, the disabled person is responsible for determining the type of modification and for payment of the costs of the modification. Generally, the association cannot insist on an alternative modification, particularly if the requested modification is to the interior of the unit. However, if the requested modification is to the common area or common elements, the association can propose an alternative modification (e.g., different type of modification, different placement, different design, etc.). However, if the association’s proposed alternative modification costs more than the modification requested by the disabled person, the association will be required to pay the difference.

Once the modification is installed, whether the disabled person or the association will be responsible for the upkeep and maintenance of the modification will depend upon where the modification is located and who is able to use the modification. As to modifications made to the common areas or common elements, if the modification is used exclusively by the disabled person, such person is responsible for the upkeep and maintenance of the modification. However, if the modification is installed on the common areas or common elements which are normally maintained by the association and may be used by others, the association is responsible for the upkeep and maintenance of such modification under the Fair Housing Act.

Although some modifications to the interior of the unit must be restored if requested by the association when the disabled person vacates the unit, the association cannot require the disabled person to have a modification made to the common areas or the common elements removed and area restored.

Additionally, the Fair Housing Act controls over the provisions of the governing documents of the association and any requirements of Chapter 718, Florida Statutes. For example, even if the modification is a material alteration or substantial addition to the common elements or association property subject to membership approval under a community association’s governing documents and/or section 718.113(2)(a), Florida Statutes, such membership approval would not be required for a reasonable modification under the Fair Housing Act. However, the board still must approve the requested modification at a properly noticed board meeting, and the minutes of such meeting must reflect the board’s approval of same.

Regarding property insurance for modifications to a condominium’s common elements, section 718.111(11)(f), Florida Statutes, requires that the condominium association carry adequate property insurance for primary coverage of all portions of the condominium property, only excluding from such coverage the following which is the responsibility of the unit owner: 1) all personal property within the unit or limited common elements and 2) floor, wall, and ceiling coverings; electrical fixtures; appliances; water heaters; water filters; built-in cabinets and countertops; and window treatments (including curtains, drapes, blinds, hardware, and similar window treatment components); or replacements of any of the foregoing which are located within the boundaries of the unit and serve only such unit. Therefore, if modifications are not within the unit or the limited common elements serving the unit, the condominium association is responsible to carry property insurance for the modification and will be responsible for the reconstruction, repair, or replacement of the modification if it is damaged by an insurable event.

Finally and importantly, because there are so many ways for a board to create legal liability when handling reasonable modification and/or reasonable accommodation requests, the board and manager should absolutely involve the association’s attorney, particularly if the board is going to request additional information or deny the request. Simply asking the wrong question can create legal liability for an association, such as asking for additional information regarding a person’s disability when the disability is readily apparent. Because there are so many ways to misstep in this arena, significant caution is advised.

Guest Columnist: Danielle M. Brennan, Esq. B.C.S. [Kaye Bender Rembaum]

Reprinted with permission as it appears in the December 2024 issue of the Florida Community Association Journal.

Danielle M. Brennan is a board-certified specialist in condominium and planned development law by the Florida Bar. Mrs. Brennan is a firm member in the Palm Beach Gardens’ office and joined Kaye Bender Rembaum as an associate attorney in April 2013. She assists community association clients (including residential and commercial condominium associations, homeowners’ associations, cooperatives, and commercial associations) and developer clients with all aspects of community association establishment and operations, including corporate filings and mergers, governing document drafting and amendments, contract drafting and negotiations, membership meeting and board meeting operations, fair housing matters, land use and zoning matters, and covenant enforcement.

Tags: Condo and HOA, Condo and HOA Law, Management News, Members Articles

Mold testing and remediation are essential because they provide a comprehensive approach to identifying and eliminating mold at its source

Posted: Dec 17, 2024
By: samuelsanjuan
Comments: Comments Off on Mold testing and remediation are essential because they provide a comprehensive approach to identifying and eliminating mold at its source

Mold testing and remediation are essential because they provide a comprehensive approach to identifying and eliminating mold at its source, preventing recurrence, and ensuring a safe, healthy environment.

Here’s why each step is critical:

Identifying the Extent of the Problem with Mold Testing

• Accurate Detection: Mold often grows in hidden places like wall cavities, ceilings, or HVAC systems. Testing helps identify mold’s presence, type, and spread, which might not be visible.

• Targeted Remediation: Knowing the mold’s location and type informs a tailored approach to remediation, ensuring the complete removal of all affected areas rather than just visible mold patches.

• Health Risk Assessment: Testing can reveal the concentration of airborne spores, which is vital for assessing the potential health risks, especially in buildings with sensitive occupants.

Ensuring Effective Removal and Prevention with Remediation

• Eliminates Mold at the Source: Remediation not only removes visible mold but also addresses underlying issues like water leaks and humidity, which are primary causes of mold growth.

• Prevents Future Growth: Proper remediation includes moisture control and preventive measures, which significantly reduce the chances of mold returning.

• Protects Building Integrity: Mold can weaken structural elements over time, compromising walls, ceilings, and insulation. Remediation stops the damage, preserving the property’s safety and value.

3. Ensuring Health and Safety

• Reduces Health Risks: Mold can cause respiratory issues, allergies, and other health problems. Testing and remediation minimize these risks by improving indoor air quality and reducing exposure to allergens and toxins.

• Compliance with Safety Standards: For commercial or residential buildings, remediation may be necessary to comply with health codes and regulations, particularly in environments with vulnerable populations.

Testing and remediation work together to thoroughly address the mold problem, protect the building structure, and maintain a safe, healthy living or working environment.

To schedule a mold inspection, reach out to Servtec Restoration. We can assess your property for mold, identify affected areas, and recommend next steps for remediation if needed.

Early detection and professional guidance are key to ensuring a safe and mold-free environment.

For 24 HR Emergency Response Services

Call Servtec Restoration

(305) 744-6547

“When Disaster Strikes, We Are Ready To Respond!”

Licensed & Insured

Tags: Damage Restoration, Inspection Articles

Speed Up Your Holiday Package Intake by 80% with ImageR by Richard Worth Building Link

Posted: Dec 17, 2024
By: BuildingLink
Comments: Comments Off on Speed Up Your Holiday Package Intake by 80% with ImageR by Richard Worth Building Link

Speed Up Your Holiday Package Intake by 80% with ImageR

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.

How ImageR Works

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:

Determines the correct recipient
Matches the name in your building’s database
Confirms the unit number
Captures the correct event type (including the name of the delivery company)
Notifies the resident that the package has arrived

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.

How ImageR Helps Front Desk Teams Succeed

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.

ImageR Users Guide

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.

A Differing Tale of Two Terminating Condominiums

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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.

Sign up for the upcoming courses.

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

S2E38 – A Tribute, Tough Truths, and Condo Realities (Aired 11/3/24)

Posted: Nov 11, 2024
By: eric@condo-laws.com
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578 views Streamed live on Nov 3, 2024

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

Keep up to date with new topics for Condo and HOA Communities each week on Condo Craze & HOAs every Thursday on YouTube

The next show:

Condo and HOA Elections: Are You Making These Costly Mistakes?

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

Should Your Condo Association Adopt Online Voting? by Becker / BECKERBALLOT

Posted: Nov 04, 2024
By: Becker Lawyers
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Should Your Condo Association Adopt Online Voting?

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

BECKERBALLOT

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:

Increase membership participation and significantly reduce the labor involved in tallying paper votes.
Members can cast their votes from the convenience of their home, office, or anywhere they have access to an internet connection.
Admins can tally votes electronically, making the process faster, more accurate, and less prone to human error.
Eliminate typical errors and judgment calls associated with manual paper votes.
Easily solicit opinions using our survey tool to make informed decisions for your association membership.

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

Building Envelope & Façade Inspections -Our structural engineers will design, plan and execute your project, tailored to suit each individual’s specific needs and budgets.

Posted: Oct 30, 2024
By: The Falcon Group
Comments: Comments Off on Building Envelope & Façade Inspections -Our structural engineers will design, plan and execute your project, tailored to suit each individual’s specific needs and budgets.

Building Envelope & Façade Inspections

Our structural engineers will design, plan and execute your project, tailored to suit each individual’s specific needs and budgets. Our engineers will inspect all materials used to ensure the strength and stability of your structure from low-, mid-, to high-rise structures and facilities. Falcon’s engineers pride themselves on ensuring the services and recommendations provided to each of our clients are held at the desired level of individualized care and attention.

High Rise & Mid Rise Façade Inspections & Repair/Restoration/Replacement

Stucco & Exterior Insulation Finish Systems (EIFS) Evaluations & Repair

Mid Rise & Low Rise Siding Inspections & Repair Replacement

Roof Inspections & Repair/Replacement

Water Infiltration Investigation & Remediation

Window & Door Replacement Design

Balcony & Deck Repair/Restoration/Replacement

Foundation Inspections & Waterproofing

Parking Garage Inspections & Repair/Restoration

Firewall / Fire Separation Assembly Inspections & Remediation

Building Envelope & Façade Inspections -Our structural engineers will design, plan and execute your project, tailored to suit each individual’s specific needs and budgets. By A leader in the industry by providing professional, cost effective and innovative architectural and engineering designs, solutions and services through the use of highly qualified staff and outstanding customer service.

View the recorded webinar

In case you missed it! Below is the link to the recording from yesterday’s fantastic webinar featuring Sinisa Kolar, P.E., Principal, on Extreme Weather in South Florida and Preventative Maintenance.

https://lnkd.in/dkHzbiZV

Tags: Engineering Articles

Top 10 Reasons Why Your Marketing Isn’t Working By: Jessica Vail, Vail Marketing Solutions

Posted: Oct 30, 2024
By: JessicaVail
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Top 10 Reasons Why Your Marketing Isn’t Working

By: Jessica Vail, Vail Marketing Solutions

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

Providing everything from a full branding overhaul and business development program to a specific marketing project or campaign.

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

The latest post into “Rembaum’s Association Roundup” is here. “FIDUCIARY DUTY: What it Means to Your Community Association”.

Posted: Oct 20, 2024
By: KBR Legal
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REMBAUM’S ASSOCIATION ROUNDUP | The Community Association Legal News You Can Use

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:

1. 1. A director shall discharge his or her duties as a director, including his or her duties as a member of a committee i) in good faith; ii) with the care an ordinarily prudent person in a like position would exercise under similar circumstances; and iii) in a manner he or she reasonably believes to be in the best interests of the corporation.
  2. In discharging his or her duties, a director may rely on information, opinions, reports, or statements, including financial statements and other financial data, if prepared or presented by: i) One or more officers or employees of the corporation whom the director reasonably believes to be reliable and competent in the matters presented; ii) legal counsel, public accountants, or other persons as to matters the director reasonably believes are within the persons’ professional or expert competence; or iii) a committee of the board of directors of which he or she is not a member if the director reasonably believes the committee merits confidence.
  3. A director is not acting in good faith if he or she has knowledge concerning the matter in question that makes reliance otherwise permitted by subsection (2) unwarranted.
  4. A director is not liable for any action taken as a director, or any failure to take any action, if he or she performed the duties of his or her office in compliance with this section.

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:

- - A fiduciary relationship is a relation between two parties wherein one party (fiduciary) has the duty to act in the best interest of the other party (beneficiary or principal).
  - A fiduciary is a person who holds a legal or ethical relationship of trust with one or more other parties. Typically, a fiduciary prudently takes care of money or other assets for another person.
  - A fiduciary duty is a relationship in which one party places special trust, confidence, and reliance in and is influenced by another who has a fiduciary duty to act for the benefit of the party.
  - Most importantly, and germane to this discussion, a fiduciary is a person or organization that acts on behalf of another person or persons, putting their clients’ interests ahead of their own, with a duty to preserve good faith and trust.

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.

1. 1. Remove the ability of a board member to be “certified” by signature alone.
  2. Require continuing education for board members serving continuous years.
  3. Amend Florida Statutes, Chapters 718 and 720, to include express definitions of fiduciary duty so that it is made patently clear that every board member must put their community association above and ahead of their own personal interests.

Tags: Board of Directors, Condo and HOA Law