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Those of who have taken the Board Certification Class know that the answer to this question is that as long as the e-mails were on the private e-mail accounts of the Board members, they are not “official records” and therefore the unit owners cannot obtain copies of them. Well….that was all changed in one full swoop.
By Eric Glazer, Esq.
Florida Statute states:
120.565 Declaratory statement by agencies.—
(1) Any substantially affected person may seek a declaratory statement regarding an agency’s opinion as to the applicability of a statutory provision, or of any rule or order of the agency, as it applies to the petitioner’s particular set of circumstances.
A man by the name of James Hanseman recently sought a declaratory statement from The Department of Business and Professional Regulation, Division of Condominiums, Timeshares, and Mobile Homes regarding whether e-mail communications between and among board members are “official records” within the meaning of Florida Statute 718.111(12), where such records relate to the Association’s operations but are sent to and/or from personal computers and devices rather than Association owned computers and devices.
Those of who have taken my Board Certification Class know that the answer to this question is that as long as the e-mails were on the private e-mail accounts of the Board members, they are not “official records” and therefore the unit owners cannot obtain copies of them. Well….that was all changed in one full swoop.
In this declaratory statement, Chevonne Christian the Division Director opined that:
The .. official records of the association” include .. all other written records of the association not specifically included in the foregoing which are related to the operation of the association.”§ 718.111 (12)(a) l8., Fla. Stat. Nothing in this provision exempts such records when created or transmitted with a board member-owned device rather than an Association owned device.
The plain meaning of the statute is always the starting point in statutory interpretation.”
GTC, Inc. v. Edgar, 961 So. 2d 781, 785 (Fla. 2007). Dictionaries can be used to determine the meaning of words. Metro. Dade County v. Milton, 707 So. 2d 913, 915 (Fla. 3d DCA 1998).
Emails constitute a form of writing. Writing, Black’s Law Dictionary (11th ed. 2019).
Consequently, emails are “written records,” and their existence as such does not depend on the ownership of the device through which the emails are transmitted.
Accordingly, emails that otherwise constitute “official records” are not excluded from thestatutory definition of “official records” merely because they are created or transmitted with board members’ personal devices.
Wow! If e-mails constitute a form of writing, no doubt text messages also constitute a form of writing. So how is this going to work? Let’s say a unit owner makes a records request for e-mails between board members during the month of February, 2022. Do all of the Board members now have an obligation to look through their e-mails and texts for the past month, print them out and hand them in to the association? Suppose each director simply says that we don’t communicate by e-mail or texts, even though they do? What remedy does the unit owner have?
While the decision is debatable as to whether or not these e-mails are “official records” it is undeniable, that it is simply unenforceable. It will be interesting to see the first arbitration case that relies on this declaratory statement. It will be even more interesting if that arbitration case gets appealed and we ultimately get a decision of the courts. Will a director ever be required to physically turn over their phone or computer by a court? Who knows? But I think we will either have a legislative fix or a court opinion within a year. In the interim, keep in mind that before you hit the SEND button on an e-mail, think about the fact that said e-mail may one day be seen by everyone in the condominium, or even a judge or jury.
The roles, responsibilities, and differences between these two jobs Key takeaways:
Find Property Managers
The terms property manager and community association manager are sometimes used interchangeably, but there are important differences.
Each job has its own responsibilities and functions. Property managers primarily work with tenants and oversee individual apartment units or homes.
A property manager’s typical responsibilities include collecting rent, showing vacant units to prospective tenants, and handling maintenance and repairs for individual apartments or homes.
Community association managers typically work with the board of directors of an HOA or COA.
A community association manager’s usual duties include preparing budgets, collecting bids from vendors, and overseeing repairs and maintenance of amenity spaces or common areas.
A property manager deals with the day-to-day operations of a property or an association, whereas a community association manager is more likely to be involved in large-scale or big-picture projects that affect the community as a whole.
It is important to know the differences between a property manager and a community association manager to hire the right professional for the task and contact the right person with your question or concern.
You may have heard the terms property manager and community association manager used interchangeably. While the two job titles have similarities, there are also key differences between them. If you’re a real estate or property management professional – or a vendor who serves these industries – it is important to understand that property managers and community association managers have different responsibilities and job functions. We will outline them below.
Property managers oversee the physical property itself and generally respond to tenant inquiries about their particular unit. They are usually the ones who manage leases, collect rent or Condo/HOA payments, handle maintenance and repairs for units or homes, and address tenant complaints and concerns.
The core responsibilities of a property manager include:
Rent or HOA payment collection
Repair management and maintenance for each unit or home
Vacant unit showings to prospective tenants
Responding to tenant complaints
Inspecting units after tenants move out
Handling an eviction process
Community association managers
Community Association Managers (CAMs) are usually in charge of budgets, record-keeping, and managing community spaces such as a clubhouse, pool, or community landscape features. They’re involved in all aspects of running the HOA (if there is one) or the community and thus have extensive knowledge of HOA governing rules and local applicable laws.
The Core responsibilities of a CAM include:
Supervision of community maintenance, such as common areas, pool cleaning, landscaping, etc.
Creation and overseeing of budgets.
Site inspections.
Negotiation of contracts for common property repairs or enhancements.
Assisting the board in selecting vendors; collection and presentation of bids for projects.
Both property managers and CAMs might handle tasks such as pool maintenance or trash collection, but in general the former takes on the responsibilities of a landlord while the latter oversees larger-scale projects and activities that have implications for the entire community. You can think of property managers as dealing primarily with individual tenant needs and CAMs as handling the needs of the entire building, neighborhood, or association.
Most states require property managers to obtain a real estate license, but this isn’t the case for CAMs. They may or may not have a real estate license, but they should be well-versed in local housing laws and know the rules of the owner’s association that hired them. It is important to properly vet prospective candidates whether you’re seeking a property manager or a CAM.
Why the differences matter
It is important to know the differences between a LCAM and a property manager so that you can hire the right professional for the tasks at hand. From a tenant, unit owner, or vendor perspective, knowing the differences between these two roles can help you determine which person to address with a specific questions or problem.
Do you want to become a Property Manager? SFPMA and our Education Partners Provide State Approved – Online and In classroom courses for Licensing, Educational and instructive information through the association. Find out more about Licensing & Advancement Courses for the property management industry. Get your License Today! Become a Licensed Property Manager
Tags: Board of Directors, Management News, Members Articles
What a Year! Throughout this year Condo’s, HOA’s and the Property Management Industry have had so many changes. We are so glad for each and every member company that worked together bringing everything from Services, Business and Management to clients all over Florida.
We especially want to say thank you to our Legal Experts, Firms that kept all of us up to date on the Laws that changed almost weekly. Along with every Service and Business Member Company who went above and beyond with the care for properties for our Managers.
SFPMA wishes the best for all clients, members and industry professionals all over Florida.
Happy New Year!
Keep up to date with Legal Updates, Webinars, In Class with guidance of all CDC Orders. Safety First.
We have 2 views: the Calendar and List Views – We keep it simple for you to find events that you can take part in.
Courses offered to Community Associations, HOA’s, Board Members and SFPMA members throughout the State of Florida. These lively, interactive and informational courses can be found on the Calendar, some include refreshments many are approved for board member certification or manager continuing education credits. (ECU Credits)
Become a CAM this year – Find our providers on our website.
Members can log into the Members portal and send us Events to be listed on the Upcoming Events.
Board Members that represent Condos and HOA’s all over Florida. Property Management Companies, Property Owners and Private Landlords that wish to stay informed and up to date with our industry. Having a reliable source where industry professionals can find top companies is important to them.
“Having a Trusted Member to care for their Properties through Management, Business Related Services or Maintenance Services” is what they get!
Special Price of 450.00 for the entire year
This is limited there are only 15 spots Act now. we are getting ready for 2022
NOTE: our news feed has been upgraded with featured post pictures that are displayed for the Articles in these email blasts.
See our Advertising FLAT Rates: This Special ends FEB 2022.
Business Card size:(12 months/200.00)
Quarter Page: (12 months/450.00)
Half Page: (12 months/700.00)
Full Page: (12 months/950.00)
All Ads taken out for this special will run in every edition at this flat price. You can write articles every month we will publish. Your company is set on the Category sections in our magazine
Tags: Florida Rising Magazine, Management News
“By working together we solve problems in the Property Management Industry”
Our effective marketing helps companies set goals and grow throughout the industry. We Aid Property Management Firms, Condo Boards and HOA Communities with finding the right Property Managers and solutions for finding the right Business and Services needed for proper operations of their properties. Helping them achieve their goals.
This past month our IT Dept set up on the back end of the website a stronger way for these clients to find the services they need and contact us, in turn we will send the leads directly to our listed members.
Each month many of our members are contacted to solve problems that arise. Some important ones are; Tax Time, Budgets, and Elections, Legal Services and Maintenance. We put clients in touch with members to help with Bookkeeping, Collections, Legal Advice and Service. Helping Clients make the right decision with hiring one of the association’s members.
When a request for maintenance of their buildings arises these management professionals search our Florida Directory finding top professionals ready to meet their needs. When Property Managers hire a company listed on our directory, they trust us to find companies that work with management professionals and each member holds proper licensing, insurances in the State of Florida.
We use information sent to us by our members and redistribute this using our in house marketing, each day this is sent directly to clients using Published Emails, from our Website to the many Social Media pages and Groups. We want you to be seen by clients all over Florida.
How do you market your business?
First you have to think about who your audience is along with what you are posting to this targeted audience? – Then think about your effectiveness and reaching clients with your own company marketing efforts.
Then ask yourself are your goals being met? – When we share about your company, We target the people that are making the decisions. We inform them about the most important issues they face with building management.
With your membership you can get your company information published and sent, informing the industry professionals. Let SFPMA spread this through our network of Board Members, Property Managers and Industry Professionals.
The Use of Digital Advertising from our Publications, Website Banner Advertising, Industry Articles on our Blog and Direct Emails to clients all over Florida!
Our Marketing Dept is constantly posting what our members send to us, sending the information to the many Social Media Pages and Groups from FB, LI, Twitter and Others. But its the Direct Emails we send we feel make the biggest impact.
Over the years we have obtained 230,000 Emails that are kept safe and secure.
Our Magazine “Florida Rising Magazine” has been published since 2014 and sent throughout our industry, this is packed with Articles, Advertising and a Directory, we thought how can we get others reading the magazine to find the top Member Companies – Put it in the Magazine! finally Social Media, With so many people looking on their Phones Our Posting on this media keeps our members and the information they supply to us on the minds of new clients that are searching for help with their Condo and HOA Management and Operation.
By keeping clients informed of what your company is doing you are on their mind. They will learn more about you, helping them make an informed decision when hiring!
Sincerely, Frank J Mari / Executive Director
Tags: Management News, SFPMA Articles
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.