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

The Start of the Fairy Tale: Creation of the Homeowner Assistance Fund by Axela-Tech

The Start of the Fairy Tale: Creation of the Homeowner Assistance Fund by Axela-Tech

The Start of the Fairy Tale: Creation of the Homeowner Assistance Fund 

by, Dee Rowe, CACM, Contributing Author

Once upon a time, benevolent Prince Sanders was afraid that people would lose their homes because they were unable to pay their mortgages or HOA fees. You see, a nasty respiratory disease was ravaging the kingdom and all surrounding kingdoms. Workers not deemed essential were forced out of work to limit the spread of the disease. The price of essential goods and services skyrocketed. Even once a “return to work” was announced, for many business owners and employees there was no work to return to. The kingdom was in crisis.

Since he was Chairman of the kingdom’s Senate Budget Committee, he and 11 others authored theAmerican Rescue Relief Act, which included a Homeowner Assistance Fund designed to keep those people from losing their homes and keep their public utility services active. The problem was, nobody told the homeowners, or those responsible for the communities they lived in.

Meanwhile, in a Far-Off Corner of the Kingdom

Mary was contrary, and could you blame her? She was a single mother with three small mouths to feed. Her ex-husband ran off with Sally years ago and now lived in a cottage by the sea selling seashells. That left Mary to care for the gardens ​of silver bells, cockleshells, and primroses all in a row. There was a time before the pandemic when her business thrived. Weddings were large, formal affairs, and nobody’s flowers were prettier than Mary’s. Brides paid a pretty penny for her services. But now weddings were smaller and more intimate. Because everybody’s budgets were stretched tight, brides cut expenses wherever they could. That included Mary’s flowers.

With the sun sinking on the horizon, Mary put the gardening tools in the shed and trudged into her small house. The children would be hungry, and someone had to feed them. Opening the nearly bare cupboard, she groaned. Once again, they would be eating beans and rice. As she measured the rice, her hand scraped the bottom of the barrel. Even beans and rice would soon be a luxury. Forcing a brave face, she served the children dinner and busied herself with chores while they ate. She ate their leftovers to make sure they got enough. Her stomach growled and grumbled, but she was used to ignoring that. She’d been doing so for a couple of years, ever since the virus started spreading.

Before she put the little ones to bed, she walked to the end of the driveway to get the day’s mail. Inside the mailbox was another notice from the HOA about her missed payments. Tears welled up in her eyes. How was she supposed to pay when there wasn’t enough to eat, and every penny went toward keeping the bank from taking her home? Now the association was threatening to take her home too. What would they do then? She wasn’t eligible for bankruptcy, because she’d had to file for one after her divorce.

Hands shaking, she placed the notice on the kitchen table and tucked her children into bed, noticing as she did so that all their nightclothes were threadbare and too small. Once she was back in the kitchen, she picked up the notice and read it again. “Due to the non-payment of assessments, your account has been referred to an outside agency for collections. Please contact them at once to avoid foreclosure.”

This time, tears did more than well up, they spilled down her cheeks and left spots on the table. With her head in her hands, she sobbed into the night until she fell asleep right there in the kitchen. Her dreams were troubled and chaotic, with visions of fire-breathing dragons scorching her home and beautiful gardens to the ground.

They Aren’t Dragons, They’re Heroes

The next morning, after the children ate their oatmeal and headed off to school, Mary called the collection company the HOA referred her case to. She braced herself for battle, recalling the fire-breathing dragons from last night’s anxiety-fueled dreams. Much to her surprise, that mental armor turned out to be unnecessary.

S​he spoke with a friendly and helpful representative from Axela Technologies, who was sympathetic when Mary described her financial position. The representative suggested that Mary try applying for something called the Homeowner Assistance Fund (HAF) because an online map showed that her part of the kingdom may have funds available to cover the mortgage, utility costs, and even HOA fees since her hardship was caused by the pandemic and started after January 21, 2020. The helpful rep also arranged it so Mary would not lose her home while waiting for a decision from the HAF. She was so relieved she began to cry over the phone because she felt hope for the first time in years. “You’re my hero”, she told the Axela employee.

I​t Isn’t a Fairy Tale but a Well-Kept Secret

As she worked in her gardens that day, Mary wondered why she’d never heard of the HAF before. There were probably others like her; hardworking people who had no savings or credit to see them through when the pandemic shut the kingdom down. People who had spent the years since the return to work trying to find work or customers. People who were desperate to keep the homes that they loved and that kept their families safe and warm. Good people who wanted to pay their HOA fees but had to choose between that and feeding their children.

After waiting as patiently as she could, Mary got an answer from the HAF. Hands trembling, she opened it and read the decision over the phone to that helpful representative from Axela Technologies she had first spoken to. “Your application has been approved.” Once again, she was crying, this time tears of joy.

Later that day, Mary wrote a letter to the board of directors of the HOA thanking them for working with anethical company like Axela Technologies, and not a predatory collection service. That letter was the first communication the board received from her that wasn’t contrary.

For a real-life collection fairy tale like this, contact us at Axela Technologies today. We offer creative solutions, not threats and ultimatums.

 

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“Notice of Board Meeting Must Include Agenda” by Becker

“Notice of Board Meeting Must Include Agenda” by Becker

Q: The board of directors of my condominium association recently voted on an issue that was not on the posted agenda. Following the meeting, the board realized that this was an error and there is a question as to how to correct the mistake. Should the board address this at the next board meeting and vote to undo what they voted on? (S.G., via e-mail)

A: Section 718 112(2)(c) of the Florida Condominium Act requires that notice of board meetings be posted on the condominium property at least 48 hours in advance (certain notices must be posted and sent to all owners 14 days in advance). The law goes on to say that the posed notice specifically must identify all agenda items. The public policy is that if owners know what the board will be voting on, they can decide if they would like to come to the meeting to observe or offer input.

The statute goes on to provide that an item not included on the notice may be taken up on an “emergency” basis by a vote of at least a majority plus one of the board members. Any emergency action so taken must be noticed and ratified at the next regular board meeting.

It is not suggested that the issue taken up was an emergency, but rather it was just a mistake. While there is no way to go back in time and cure the mistake, the most appropriate cure would be for the association to add the issue on the agenda at the next board meeting and have the board properly address the issue and revote on the motion.

Interestingly, for homeowners’ associations, while there is a requirement that notice of board meetings generally be posted at a conspicuous place in the community at least 48 hours in advance, there is no requirement that an agenda for the meeting must be posted. However, given that the Homeowners’ Association Act, Chapter 720, Florida Statutes, provides that members have the right to speak on all “designated items,” posting an agenda is a “best practice” and an agenda should be available at the meeting to confirm what issues owners may address.

Q: What does “plurality of the votes” mean when there are five seats up for election in a homeowners’ association? (J.Y., via e-mail)

A: Plurality means that the candidates who get the most votes win, whether they received votes from a majority of those who cast ballots or not.

Q: From what I understand, Florida law does not require directors to reside in the community, but our condominium documents do require residency within the community to be eligible to serve on the board of directors. Which would control? (S.F., via e-mail)

A: Florida law controls over your condominium documents in this instance, and the residency requirement in your condominium documents are not enforceable as being contrary to Florida law.

Section 718.112(2)(d)4 of the Florida Condominium Act states that every unit owner has the right to serve on the board. There are also certain limitations on board eligibility within the Act itself. For example, certain convicted felons are ineligible for board service. Certain financial defaults to the association can also disqualify a person from running for or serving on the board.

Other than the criteria for ineligibility set forth in the Act, limitations on the right to serve on the board are not legally valid. The Division of Florida Condominiums, Timeshares, and Mobile Homes, the state agency which has specified regulatory oversight of condominiums, has also ruled that “residency requirements” for board service contained in association bylaws are invalid. However, term limits contained in bylaws are valid in condominiums.

Joe Adams is an attorney with Becker & Poliakoff, P.A., Fort Myers. Send questions to Joe Adams by e-mail to jadams@beckerlawyers.com. Past editions may be viewed at floridacondohoalawblog.com.

 

Florida Legislature Considering Bills Proposing Changes to Condo Safety Reforms, Construction Defect Lawsuits

Florida Legislature Considering Bills Proposing Changes to Condo Safety Reforms, Construction Defect Lawsuits

Florida Legislature Considering Bills Proposing Changes to Condo Safety Reforms, Construction Defect Lawsuits

As the 2023 Florida legislative session gets underway, there are several bills impacting associations and real estate

Senate Bill 154 and House Bill 1395

Perhaps the most important of these are Senate Bill 154 and House Bill 1395, which deal with issues such as inspections and condominium association financial reserves that were addressed in the condo safety reform law that was passed last May with the adoption of Senate Bill 4D during a special legislative session. Under the new law, inspections are required for buildings that have been occupied for 30 years — or 25 years if they are within three miles of a coastline. After these initial inspections, the buildings will have to go through the process again every 10 years.

Flalegislature-300x169If adopted, the new bills could result in changes to the time by which buildings, including those within three miles of a coastline, will have to be inspected. The two bills include different timeframes by which the initial milestone inspection may have to be performed (e.g., SB 154 triggering all such inspections at 30 years with discretion for local officials and authorities having jurisdiction to compel some at 25 years depending on “local circumstances, including environmental conditions such proximity to salt water”; or HB 1395 requiring the initial inspections at 25 years for all buildings regardless of proximity to salt water).

 

SB 154 also includes provisions that would allow local officials to extend inspection deadlines if building owners have entered into contracts with architects or engineers but the inspections cannot be finished in time.

HB 1395 further proposes to increase the types of professionals that may perform phase 1 of the milestone inspections from architects and engineers to also include general contractors licensed under Chapter 489, Florida Statutes, with at least five years of experience in building/constructing threshold buildings, or as a building code administrator or licensed building code inspector.

The bills also include changes to portions of the statutes governing the financial reserves studies and requirements that were implemented under last year’s law. Some of the changes provided in SB 154 include clarification as to which building components must be included as part of the required reserve funding. It would also allow reserve studies to “recommend that reserves do not need to be maintained for any item for which an estimate of useful life and an estimate of replacement cost or deferred maintenance expense cannot be determined.” The bill’s sponsor says that provision could apply to building foundations.

HB 1395 includes different proposed changes pertaining to the structural integrity reserve items, such as providing for modified deadlines to the December 31, 2024, deadline established under last year’s reforms.

These are just a sampling of the various changes being considered by the legislature this session. As is usually the case with the legislative process, the provisions of SB 154 and HB 1395 will likely undergo various changes and may become mirror images of each other via lawmakers’ negotiations resulting in a final version that may be voted into law. Condominium association stakeholders should keep an eye on these bills given that their adoption by the legislature could surely result in significant changes to the monumental laws adopted last year affecting condominium associations in Florida.

House Bill 85

The legislature is also considering changes to the state’s statute of repose for construction defect lawsuits, which is used to determine how long a party has to file a claim for latent construction defects after a structure or improvement has been completed.

Currently, the state’s 10-year period of repose starts to run from the latest of these four events: 1) the date of actual possession by the owner, 2) the date of the issuance of a certificate of occupancy, 3) the date of abandonment of construction if not completed, or 4) the date of completion of the contract or termination of the contract between the professional engineer, registered architect, or licensed contractor and his or her employer. After the 10-year period expires, a claim for latent defects can no longer be brought.

If adopted, House Bill 85 would revise the triggering events for the period of repose for suits brought for latent construction defects to the earliest of: 1) the issuance of a temporary certificate of occupancy, 2) the date of the issuance of a certificate of occupancy, 3) or the date of issuance of a certificate of completion, or 4) the date of abandonment if construction is not completed.

The repose period would start to run seven years from the earliest of the foregoing four events. These changes, if adopted, could have significant changes to the time frame within which an association may assert a claim against parties responsible for construction defects.

As the legislative session unfolds and reaches its conclusion on May 5th, our firm’s attorneys will continue to monitor these and other bills impacting the state’s community associations and real estate industry.

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Hurricane Season is almost here! – Have you had your storm drains inspected yet?

Hurricane Season is almost here! – Have you had your storm drains inspected yet?

Hurricane Season is almost here!

Hurricane season runs from:

June 1, 2022 through November 30, 2022

Have you had your storm drains inspected yet?
During a hurricane or tropical storm, it’s common for an area to experience several inches of rainfall and catastrophic wind over a very short timeframe. All of that excess debris and sediment from a hurricane can cause blockages in our stormwater systems, hindering them from operating properly.
Hurricanes are uncontrollable, but what we can control is taking the proper precautions and steps to make sure our stormwater systems are ready for the upcoming season!
Contact us today at 954-382-9766 or info@allstatemanagement.com to talk to one of our Stormwater Specialists!

STORMWATER SYSTEMS –
PREVENTS FLOODING

Storm Drain Cleaning in Broward County and South Florida

Allstate Resource Management’s team of experts specializes in storm drain cleaning in Broward County and storm drain cleaning in South Florida. We will keep your stormwater systems and storm drains clean and operating properly and in compliance with government standards. Various government agencies in Florida have specific regulations regarding the maintenance of these complex systems. Non-compliance can result in fines and unnecessary expenses. We can help ensure that your stormwater systems are working effectively and comply with Florida’s regulation standards. Our team are experts at storm drain cleaning and will make sure your stormwater systems are working properly. Stormwater systems accomplish many vital functions. Their primary purpose is to prevent flooding by rapidly removing surface water. A properly functioning drainage system also helps to maintain water quality, capture pollutants and contributes to balancing Florida’s precious drinking water supply.

 

CONTACT US TODAY TO FIND OUT HOW WE CAN HELP YOU!
CALL (954) 382-9766

CONTACT US

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Ft. Lauderdale city officials are expected to approve raising sea walls by just over a foot to meet a county mandate. by SRI Consultants, Inc.

Ft. Lauderdale city officials are expected to approve raising sea walls by just over a foot to meet a county mandate. by SRI Consultants, Inc.

Tonight’s the night! Ft. Lauderdale city officials are expected to approve raising sea walls by just over a foot to meet a county mandate.

The move will mean dilapidated sea walls will have to be replaced, and new ones will be required to be at least 5 feet high to help protect against future tidal flooding.

 

SRI Consultants, Inc.

Was established to fulfill the unique needs of structures in coastal areas such as South Florida. The team’s rare combination of expertise in Civil/Structural Engineering and Corrosion Engineering makes SRI unique in providing concrete rehabilitation/protection services related to condominiums and other near-sea structures. SRI also provides Concrete Diagnostic testing (Ground Penetrating Radar, monitoring corrosion of reinforcing steel in concrete structures) to its clients or other engineering firms.

 

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What’s in your walls? Floors? Ceilings? Do you know? by James Terry of GreenTeam | Building Services

What’s in your walls? Floors? Ceilings? Do you know? by James Terry of GreenTeam | Building Services

What’s in your walls? Floors? Ceilings?

Do you know? Or do you think you know?

I call this lack of systems knowledge. Here’s why it’s important.

Every piece of your building is made up of systems. Each system has pathways and pipes that make that system whole. I love when people generalize the term “plumbing”, when there are really multiple facets of systems that make up the plumbing.

There are domestic water systems, storm water systems, sanitary systems, etc.

Now, with that said, are you waiting until you have a major problem with your system to
Look at it? Like a don’t ask, don’t tell type of scenario?

Problem is, these systems almost always find themselves in peculiar locations, level 5 finished walls, columns with marble on them, walls with expensive finishes etc. Like when the kitchen of the tower club is located above the law offices really fancy conference room. (More on that story later).

The design of these systems is like the veins in your body, they hide discretely under the surface of your skin, and as long as everything is running smooth, no reason to investigate or research right?

Wrong.

Each one of these systems has a life expectancy for failure, and the longer the life, the higher the risk. When you wait till the system is failed, it usually always ends up
Costing more in the end.

For this condo in Fort Lauderdale, they unfortunately deferred maintenance, waited until it was too late, and the entire system needed to be replaced, as an emergency.

Had a thorough camera work up and report been done 5 years ago, they could of budgeted for this, and been more prepared.

As the story goes, just because you can’t see it, doesn’t mean it isn’t there. Underground utilities are a part of your buildings critical infrastructure, you must prioritize it, or it will bite you in the ____.

GreenTeam Service Corporation specializes in commercial plumbing service and retrofit. Our markets served include Healthcare, Hospitality, Class A Office, Industrial, education, and institutional.. Our relentless communication, and dedication to customer service, is what keeps us ahead of the competition. Our focus is solely on service, and providing our clients with the professionalism they deserve.
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Hurricane Season is almost here! – Have you had your storm drains inspected yet?

Hurricane Season is almost here! – Have you had your storm drains inspected yet?

  • Posted: Mar 22, 2023
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Hurricane Season is almost here!
Hurricane season runs from:
June 1, 2022 through November 30, 2022
Have you had your storm drains inspected yet?
During a hurricane or tropical storm, it’s common for an area to experience several inches of rainfall and catastrophic wind over a very short timeframe. All of that excess debris and sediment from a hurricane can cause blockages in our stormwater systems, hindering them from operating properly.
Hurricanes are uncontrollable, but what we can control is taking the proper precautions and steps to make sure our stormwater systems are ready for the upcoming season!
Contact us today at 954-382-9766 or info@allstatemanagement.com to talk to one of our Stormwater Specialists!

 

Tips to Help You Choose the Best Plumber

Tips to Help You Choose the Best Plumber

  • Posted: Mar 21, 2023
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Choosing a contractor can be difficult with all the options available.

Here’s how to pick the best plumber for your needs

1. Know What You Need

You will meet two categories of plumbers during your search for a plumber. The first category is that of plumbers who can do installations, while the second category includes plumbers who do repairs. Your choice of a plumber will depend on your plumbing job. Plumbers in these categories are also classified into three groups: master plumber, journeyman, and apprentice.

Apprentice plumbers are still in training and will often work alongside a qualified or more experienced plumber. Once the apprentice plumber completes the training and gets a license, they become journeyman plumbers.

Journeyman plumbers can do plumbing repairs or installations but typically work for other plumbers. After the journeyman plumber has been in operation for many years, they will become a master plumber.

2. Check Insurance, License, and Qualifications.

Insurance and proper license offer protection during the plumbing project. Consequently, only hire a plumber who can show a valid license and an applicable insurance cover. Examine the provided insurance certificate and contact the insurance provider to verify the insurance policy. As for the licensing certificate, check your state’s website to confirm the license’s validity.

Similarly, a qualified plumber will be a member of trade associations and plumbing groups. Members of trade associations must meet specific standards of competence and safety. Thus, a qualified plumber will display the logos or links of the associations they are a member of.

3. Look at Their References

A plumber or plumbing company that has operated for several years will have a long list of references. Avoid a plumber who is not transparent with information about references. Instead, consider a plumber who readily provides testimonials and reviews from their previous clients.

For the plumbers who provide references, contact the people on the list to know about the plumber’s workmanship and service.

4. Choose a Local Plumber

Always prioritize a contractor who works and lives in your local area. If you hire a contractor living in another city or state, you won’t benefit from quick services in case of an emergency. On the other hand, a nearby plumber can quickly respond whenever you need instant help.

5. Assess the Cost

The plumber’s charges will vary from one location to another. The cost will also depend on the type and duration of the plumbing job. The lack of standardized prices means some plumbers will charge more than others for the same job. For example, more experienced and skilled plumbers often have higher rates but may do a better job.

6. Examine Their Professionalism Level

A plumber should display professionalism when dealing with clients. Professional conduct includes appropriate dress and courteous communication. Also, the plumber should be organized and display integrity at every turn. You will want to hire a plumber who responds quickly to your queries and treats you with respect.

7. Keep Track of Their Timelines

You will prefer to work with a plumber who will complete your job on time. Therefore, ask the plumber to provide details about their previously completed jobs. Pay special attention to the amount of time the plumber takes to complete their work. Plumbers who have completed jobs within the predetermined schedules will be perfect for you.

Hire a Plumber

A plumber can install or repair many fixtures and appliances in your home. Hire Pipe Restoration Solutions if you want high-quality services in the shortest time possible. We are a trusted and reliable company with an elite and experienced team. Contact us to get a quote.

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Are your board meetings productive and efficient?

Are your board meetings productive and efficient?

  • Posted: Mar 08, 2023
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Board meetings should be productive, efficient meetings where the board conducts business. Stop and think about that for a minute. Are your meetings productive and efficient? Does the board meet to conduct business or socialize? Are you getting the most out of your meetings?

We’ve put together seven keys to a successful board meeting. Following these suggestions can bring new life to your association and keep volunteers interested in helping.

 

 

1.- Board meetings should not last more than one hour. Start the meeting when it is scheduled to begin and get straight to business. If you collectively have the focus to get done in an hour you’ll be amazed with how much you can accomplish. If you have no time limit, the meeting will typically drag on and a lot of time will be wasted.

When time is wasted at a meeting then people are less likely to volunteer because they feel their time is wasted. One hour meetings have a major impact on volunteers. Associations that hold focused, one hour meetings have more people volunteer. It’s also important to note that those volunteers stay active the in the community for much longer. Length of your board meetings may seem like a trivial matter, but it really does have a large impact on how the volunteers of the association view the organization and, in turn, how they view their role.

 

2.- Make your meetings action oriented. Don’t just discuss issues, make decisions. Every item up for discussion should end in a vote to move forward in some way or table the issue with a clear understanding of why the item is being tabled and when it will be revisited. When taking action on an item make sure it is clear who will be responsible for getting that task completed. Ambiguity cripples a board.

 

3.- Board Meetings are for the board. They are not neighborhood meetings or social gatherings. The purpose of a board meeting is to conduct business, not see how many people you can get to attend. Some board members try to get as many people to attend as possible. This is missing the point. Homeowners are, of course, welcome to attend but it is not a membership meeting. The purpose of the board meeting is for the board to consider the affairs of the association, make business decisions, and then have a clear plan of action.

 

4.- Take time prior to the meeting to think about what you want to discuss. Inform the community manager of this one week prior to the meeting. This way your topics of discussion can be placed on the agenda which will allow the other board members and the community manager the opportunity to think about and/or research the item you want to talk about. When you don’t come prepared and spring things on the other board members or on the community manager this typically results in a lot of unnecessary discussion with additional research needed in order to make any kind of decision. Remember, be action oriented. By planning ahead you can make more decisions at the meeting instead of causing an item to be discussed twice and delayed for months.

 

5.- There are an odd number of board positions for a reason. You will not always see eye to eye. Don’t take it personal if the other members of the board disagree with you. This will occur and is healthy. While each board member should attempt to come to a consensus with the other members, you will not be able to achieve this each time. Countless hours are wasted by board members continuing to argue a point just to obtain “victory” on a certain issue or to avoid any vote that is not unanimous. This occurs because someone is taking it personal. If your view is not shared on an issue, take a vote, and move on. Do not hold a grudge. Recognize that you can disagree and still work well with each other.

 

6.- If you think you may have a conflict of interest do not vote on that issue. Let’s say a board member’s spouse is on a committee. If the board is making a decision on an issue related to that committee then the board member with the spouse on that committee should excuse him/herself.

 

7.- Most associations should hold quarterly meetings (unless your bylaws require more). Meeting more often than that becomes excessive and unnecessary. Remember you want to have focused, short, productive meetings. This keeps people interested in serving on the board and on committees. If the association is constantly meeting then people feel it is taking too much of their time and they will stop volunteering. It is important to note that you are required to comply with the minimum meeting requirement in your bylaws. Most association bylaws require no more than quarterly meetings, but check yours to be sure.

 

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ALL ABOUT E-MAILS By Eric Glazer, Esq.

ALL ABOUT E-MAILS By Eric Glazer, Esq.

  • Posted: Mar 08, 2023
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ALL ABOUT E-MAILS

By Eric Glazer, Esq.

 

There really is a lot to know when it comes to e-mails.  Here’s a brief outline:

Can Directors Communicate and Vote By e-mail?

Members of the board of administration may use e-mail as a means of communication but may not cast a vote on an association matter via e-mail.

Example:  Friday night is a board meeting.  On the agenda is whether or not to hire Joe’s Landscaping Service.  Between now and Monday the Board members can send e-mails to each other suggesting whether or not to hire Joe’s.  Even if all decide to hire Joe’s, that vote must still take place Friday night at the properly noticed Board meeting.

Are these e-mails official records of the association, accessible to the unit owners?

E-mails on the personal computers of individual directors are not official records of the condominium association. The property of an individual director does not become the property of the association because of his office on the board.  Even if directors communicate among themselves by e–mail strings or chains, about the operation of the association, the status of the electronic communication on their personal computer would not change.

Similarly, an e–mail to an individual director or to all directors as a group, addressed only to their personal computers, is not written communication to the association. This must be so because there is no obligation for a director to turn on the personal computer with any regularity, or to open and read e–mails before deleting them.  The conclusion may be different if the association owns a computer on which the management conducts business including e–mails (analogous to government public records); or if e–mails are printed up and passed around for discussion at a board meeting.

Does that Mean A Director’s E-mail can Never Be Seen By Anyone?

Just because the e-mail may not be an “official record” of the association does not mean that nobody can ever get to see it.  Trust me, if the association is involved in litigation, and I serve a subpoena on a director for their e-mails which may have relevant information, the court will require production of those e-mails.  So board members be warned, before you hit the SEND button think about whether or not you would be comfortable with a judge, jury or opposing counsel reviewing it as well.

Are the E-mail Addresses of the Unit Owner’s an Official Record obtainable by an Owner?

E-mail addresses are not accessible to the unit owners, unless the reason why the association is in possession of that e-mail address is because the unit owner signed a form consenting to receive notices by e-mail.

Have any additional questions?  Send us an e-mail.

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