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Florida Condominium Act, extensively regulates amendments to condominium documents. by Becker

Florida Condominium Act, extensively regulates amendments to condominium documents. by Becker

Florida Condominium Act, extensively regulates amendments to condominium documents.

Joseph E. Adams / Becker
BlogPublication Florida Condo & HOA Law Blog

 

Q: After the unit owners in a condominium association vote to approve an amendment, is there a time limit or deadline by which the amendment must be recorded with the county? (M.A. via e-mail)

A: Chapter 718 of the Florida Statutes, known as the Florida Condominium Act, extensively regulates amendments to condominium documents. However, the Act does not contain a specific deadline for when properly adopted amendments to the condominium documents must be recorded.

Section 718.110(3) of the Act states that amendments to the declaration are effective when properly recorded in the public records of the county where the declaration is recorded. Similarly, Section 718.112(1)(b) of the Act states that amendments to the articles of incorporation or bylaws are not valid unless recorded in the public records of the county where the declaration of condominium is recorded. Further, Chapter 617, the Florida Not For Profit Corporation Act, provides that amendments to the articles of incorporation must be filed in the office of the Department of State.

In my opinion, the recording of such amendments is a ministerial act that the board would be required to undertake within a reasonable time of the approval of the amendment. While there is room debate what is reasonable, I would say absent unusual circumstances (such as an intervening legal challenge or some after-discovered error), 30 days from approval would be a reasonable time frame.

However, there is also no specific prohibition in the statute preventing an association from recording an amendment long after the owner vote. I occasionally see situations where an association failed to record an amendment due to changes in the board or management or other circumstances, and records an amendment a year or longer after its approval. This is obviously not an ideal situation since you might have new owners who did not get a chance to vote on the amendment and who could claim that they bought there unit based on what was in the public records.

 

Q: Can you explain what a “material alteration” is? We have a constant argument in our condominium association, usually driven by one particular owner, over what the board can and cannot do. (J.F., via e-mail)

A: This is one of the most common areas of disputes in condominiums. As you probably know, Section 718.113(2) of the Florida Condominium Act provides that there can be no material alterations or substantial additions to the common elements except as authorized by the declaration of condominium. If the declaration is silent, then 75 percent of all voting interests must approve the alteration or addition (there is usually one voting interest per unit).

The standard still used by the courts today comes from a decision from a Florida appeals court rendered almost 50 years ago. In ruling that a unit owner’s closing in a screened lanai with windows was a material alteration, the court stated that the term means “to palpably or perceptively vary or change the form, shape, elements or specifications of a building from its original design, or current condition, in such a manner as to appreciably affect or influence its function, use or appearance.” Using this test, appellate courts have ruled that changing the exterior color scheme of condominium buildings is a material alteration, as is changing mansard roof shingles made of cedar to tile type shingles.

As with most rules, there are exceptions, one being the so-called “necessary maintenance exception,” which originates from a series of appellate court cases from the Second District Court of Appeals (which includes southwest Florida). These cases basically say that certain changes can be made without and owner vote when necessary to comply with law or when necessary for the proper maintenance and preservation of the condominium property.

 


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.

 

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We are getting ready for this year, remember: When you keep us informed we can use this to keep the industry informed. | SFPMA

We are getting ready for this year, remember: When you keep us informed we can use this to keep the industry informed. | SFPMA

We are getting ready for this year, we offer many services for members. When you keep us informed we can use this to keep the industry informed.

We ask our members about Advertising
– In the next week we have information that will be sent directly to our members.
– Advertising includes: On our Website, On the Directory Categories, In our Email Blast and our Magazine, Florida Rising Magazine.
These when sent go out to industry professionals. Boards for Condos and HOA’s, Managers and YOU if you sign up.
Be safe and healthy
—————-
As we are reopening let your membership with us help you get in front of clients all over Florida
Here is some information about SFPMA.
What you can expect and rely upon with your membership.
We are a multi-member property management organization in the State of Florida. Expand your professional network, connect with those who work directly with Professionals in our Industry that may not necessarily know about your business.
Take advantage, meet like minded professionals and opens up opportunities for future business ventures and lifelong partnerships.
Through your Membership:
1. You are listed on the Website Members Directory. – marketed to clients all over Florida.
2. You are also listed on the Magazine Directory.- Our publication is sent each month to over 230,000+ Subscribers and Clients keeping them up to date on the the Industry.
3. Members can Write Articles, Send us Company News and Promotions we send to Thousands of Industry Professionals.
Let them get to know what you do! – Remember Send us information about your company! We will resend this out keeping everyone informed on the Services you Offer.
4. We publish many Events each month that are listed on our Upcoming Events Calendar. Licensing Become a CAM, Webinars for our industry and Board Education…..
It starts with: Membership and being listed on the Florida Directory. What we will offer You! Finding the top Companies that work in our Industry is important for Property Managers, Condo & HOA Board Members.
Happy New Year from all of us at:
~SFPMA
From Frank J Mari and Our Team.
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Security 101: 4 Tips for a Safe New Year’s Eve by Signal88 Security

Security 101: 4 Tips for a Safe New Year’s Eve by Signal88 Security

As the year comes to a close, you may be making plans to celebrate New Year’s Eve. No matter what shape your plans may take, resolve to follow these tips from Signal 88 Security and welcome the new year with peace of mind.

 

  • Leave the fireworks to the pros. Hand-held sparklers can burn at over 2,000° Fahrenheit. Fireworks cause over 9,000 injuries and 20,000 fires each year in the US. Do the math: fireworks can really put a damper on your holiday. If you have a burning desire to use fireworks, be sure to have a fire extinguisher nearby, and a safe place for soaking and disposing of used fireworks.

 

  • Bubble trouble. Did you know champagne corks can leave the bottle at over 50 mph? Unfortunately, champagne-related eye injuries are common around New Year’s Eve, and even indirect hits can cause blindness. The safety wire is designed to prevent unexpected pops, so don’t loosen it until the bottle is pointed away from yourself and others. If possible, wrap a towel over the bottle to prevent a stray cork.

 

  • What goes up must come down. New Year’s Eve ranks as one of the most common nights for celebratory gunfire. Not only is this practice illegal – even on private property – but falling bullets can cause property damage, catastrophic injury and even death. Be safe: leave the firearms in the safe.

 

  • Get home safely. The presence of alcohol combined with late-night revelry makes New Year’s Eve a risky night on the roads. Arrange a ride with a designated driver, or make sure you’re signed up with a ride-sharing app before going out. Free public transportation or cab rides can be found in many localities on New Year’s Eve, so research the options in your area in advance.

 

Don’t let an injury or accident keep you from pursuing your resolutions this year. With these tips in mind, you’ll be ready to ring in a safe and successful new year!

 


Signal 88 Security of Lakeland

The vision of Signal 88 Security is to provide a full suite of world-class and industry-leading security services for residential, commercial, retail and institutional customers because, quite simply, we believe safety is a basic human right and need. We have developed a service philosophy and process to ensure you receive the right solution for your needs.

Jorge Rios  /  (813) 812-0276

Lakeland@signal88.com

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The Four Phases of Recovery We Can Expect Next Year: by Levy Realty Advisors

The Four Phases of Recovery We Can Expect Next Year: by Levy Realty Advisors

Everyone expects a rocky ride for the US economy for the first half of 2021 as the vaccine is distributed and policymakers weigh steps to boost the economy.

But, at least according to one account, the recovery will unfold in a series of stages. John Leer, writingfor Morning Consult, says the economy will experience four distinct phases in the year ahead. From January to April, the second coronavirus relief package’s initial spending will create a stimulus high as unemployment insurance and stimulus checks offset the virus’s negative economic consequences, according to Leer. .

 

“Consumers across the income spectrum will grow more confident in the economy once the money hits their accounts, driving increases in consumer spending and employment through the middle of April,” Leer writes.

 

By late April, Leer expects the effects of the second coronavirus relief bill to wane as unemployment benefits expire and the stimulus boost burns off, exposing weaknesses in households’ finances.

But once the vaccine is widely distributed by the end of Q2, Leer anticipates a bounce back as a wave of spending as Americans eat out and travel. That should drive a rebound through most of the remainder of the year. Restaurants and gyms are likely to see a resumption of activity before international travel increases later in the year.

By December, the economy should enter a period of normalization. Leer thinks that if large groups of unemployed workers can’t find work, then the pandemic’s economic scars will likely limit economic activity heading into 2022.

Unfortunately, not all workers will find jobs at the same pace even as the economy pushes through to normalization. The effect will be the continuation of the K-shaped recovery we have seen this year. The K-shaped recovery is characterized by two groups of employees: higher-paid workers, who are weathering the recession, and lower-paid laborers, who are struggling.

 

“Individuals with less education were more than twice as likely to be out of work as college graduates,” according to Marcus & Millichap in a recent research brief. “People without a bachelor’s degree are more likely to have been employed in lower-skilled roles that were disproportionately affected by stay-at-home orders.”

 

The uneven recovery has had the same disconnect with commercial real estate, with some asset classes recovering based on how well its users are doing, versus others that are still flailing. To use an oft-cited example, the retail and hospitality sectors have borne a heavy burden from Covid-19, while the apartment and industrial sectors not only survived but also flourished, in the latter case.

Recent pricing in these categories show these trends are unlikely to dissipate any time soon and will likely follow Leer’s four stages of US economic recovery.

In October according to the US National All-Property Index, the apartment sector rose 7.2% and industrial 8.5%. Retail prices were down 5.2% from a year prior. The office sector continued to fall at about a 1% annual rate, with suburban offices leading that slide, falling 1.6% year-over-year in October.

 

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Income Tax Up Date for Landlords & Real Investors Webinar by  RMS Accounting

Income Tax Up Date for Landlords & Real Investors Webinar by RMS Accounting

  • Posted: Dec 14, 2020
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Income Tax Up Date for Landlords & Real Investors Webinar

by RMS Accounting

December , 16 2020 @6:00 PM

This free webinar will cover the following topics: Understanding rental income & Expenses, Passive loss restrictions, and material participation, Depreciation choices, Section 199A and QBID, along with much more that we help you understand and get every benefit the tax code allows.

Register Here

 


 

Keep up to date with all of the Events- View our Calendar of Upcoming Events on SFPMA

 

2021 LEGAL UPDATE by Attorney Jeffrey Rembaum from Kaye Bender Rembaum

WEBINAR Florida

2021 LEGAL UPDATE December 16th  12:00 pm – 2:00 pm Join Campbell Property Management and Attorney Jeffrey Rembaum from Kaye Bender Rembaum for this Legal Update Webinar, live via Zoom. This 2 hour course will run from 12:00 PM to 2:00 PM. Property Managers who attend will receive 2 CEUs in the Legal Update category. Board Members who attend will learn about law changes from 2020 that may impact their community associations in Florida. Register Today


FREE EDUCATION Virtual Event “MAINTAINING ORDER: A DISCUSSION ON RULES & REGULATIONS, GOVERNING DOCUMENTS AND FINING IN COMMUNITY ASSOCIATIONS” DEC 16th by Katzman Chandler

WEBINAR Florida

FREE EDUCATION Virtual Event “MAINTAINING ORDER: A DISCUSSION ON RULES & REGULATIONS, GOVERNING DOCUMENTS AND FINING IN COMMUNITY ASSOCIATIONS”  by Katzman Chandler   MAINTAINING ORDER: A DISCUSSION ON RULES & REGULATIONS, GOVERNING DOCUMENTS AND FINING IN COMMUNITY ASSOCIATIONS Date: Wednesday, December 16, 2020 Time: 1:00 pm Location: Online Event via, Zoom What are some typical Community Association Rules and Regulations? How are the Association’s Rules and Regulations adopted and enforced? Who enforces them, and by what means? Is an attorney needed to create them? This Course provides answers to these questions, as well as a primer on Association Governing Documents, their order of priority and enforceability, and includes a review of fines and fining procedures. REGISTER NOW Register Online or Call Now  800-987-6518


SEASON 2; EPISODE 6 OF ASSOCIATION LEADERSHIP with Castle Group & Kaye Bender Rembaum

WEBINAR Florida

SEASON 2; EPISODE 6 OF ASSOCIATION LEADERSHIP Castle Group & Kaye Bender Rembaum December 17th  12:00 pm – 1:00 pm Castle Group & Kaye Bender Rembaum invite you to join us for Season 2, Episode 6 of Association Leadership. The live webinar will be hosted by Craig Vaughan- Castle Group, President and Attorneys Jeffrey A. Rembaum & Michael S. Bender- Kaye Bender Rembaum, P.L.- Board Certified Specialists in Condominium and Planned Development Law. This is hosted by Castle. Please direct all questions to m.rodriguez@castlegroup.com Reserve your seat HERE!


WEBINAR: GUEST RESTRICTIONS & SCREENING TENANTS AND NEW OWNERS

WEBINAR Florida

WEBINAR: GUEST RESTRICTIONS & SCREENING TENANTS AND NEW OWNERS  December 17th  1:00 pm – 2:00 pm Guest Restrictions & Screening Tenants and New Owners: Is It Worthwhile? Course #: 9630142  |  1 CE credit in HR (or Elective) Instructor: Karina Skeie, Esq. This webinar addresses the authority to review and approve tenants and owners, including issues related to transfer fees/security deposits, potential “good cause” to deny an applicant, restricting guest occupancy, and common pitfalls in the “screening” process. RESERVE YOUR SEAT HERE


FREE EDUCATION Virtual Event “Q & A SESSION FOR MAINTAINING ORDER: A DISCUSSION ON RULES & REGULATIONS, GOVERNING DOCUMENTS AND FINING IN COMMUNITY ASSOCIATIONS” DEC 17th by Katzman Chandler

WEBINAR Florida

FREE EDUCATION Virtual Event “Q & A SESSION FOR MAINTAINING ORDER: A DISCUSSION ON RULES & REGULATIONS, GOVERNING DOCUMENTS AND FINING IN COMMUNITY ASSOCIATIONS”  by Katzman Chandler Q & A SESSION FOR MAINTAINING ORDER: A DISCUSSION ON RULES & REGULATIONS, GOVERNING DOCUMENTS AND FINING IN COMMUNITY ASSOCIATIONS Date: Thursday, December 17, 2020 Time: 1:00 pm – 2:00 pm Location: Online Event via, Zoom You have questions, we have answers! Come join our Q & A Session to answer all your questions about Maintaining Order: a Discussion on Rules & Regulations, Governing Documents and Fining in Community Associations. REGISTER NOW Register Online or Call Now  800-987-6518


Webinar: DISASTER PREPAREDNESS & RECOVERY: ARE YOU READY TO WEATHER THE STORM? by Becker

WEBINAR Florida

DISASTER PREPAREDNESS & RECOVERY: ARE YOU READY TO WEATHER THE STORM? by Becker Provider #0000811 | Course #9630113 | 1 OPP or 1 ELE Credit Online Webinar Is your community prepared in the event that a hurricane strikes through your city? In this special course we will go over practical tips for developing and implementing a disaster recovery plan for your community. Managers and board members will learn: Steps to take to protect life and property Recover and post event steps The ins and outs of contracting before and after the hurricane How to document a claim

 

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The Florida Building Code, 7th Edition, takes effect on January 1, 2021. Among the updates are noticeable changes to roofing requirements, wind loads and energy conservation. We’re on it!

The Florida Building Code, 7th Edition, takes effect on January 1, 2021. Among the updates are noticeable changes to roofing requirements, wind loads and energy conservation. We’re on it!

  • Posted: Dec 14, 2020
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The Florida Building Code, 7th Edition, takes effect on January 1, 2021.

Among the updates are noticeable changes to roofing requirements, wind loads and energy conservation. We’re on it!

find the new laws:  https://up.codes/viewer/florida/fl-building-code-2020

 

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An Association’s Response to Owners Requiring Additional Care by Becker

An Association’s Response to Owners Requiring Additional Care by Becker

  • Posted: Dec 14, 2020
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An Association’s Response to Owners Requiring Additional Care

Robyn M. Severs | 12.11.2020
Florida Condo & HOA Law Blog

 

Some older individuals choose to live out their final years in their personal residences, alone, rather than in nursing homes or assisted-living facilities. Additionally, there are times that other individuals may experience certain mental health issues that make them unable to adequately care for themselves. Associations are often at a loss with how to assist these individuals. Plus, associations are not healthcare or mental health providers, so they are not equipped to address such matters. Instead, associations will need to request help from family, friends, or governmental entities.

Depending on the severity and facts of a particular situation, the association should attempt to contact known relatives to determine if there is someone available to assist, as it is best that the association allow the family to intervene. Associations should consider having owners complete a form that would list relatives, friends, emergency contacts, to assist in such situations. However, there are many cases where the resident does not want their family to help, where the family is unwilling or unable to help, or where the association does not know of any relative or friend of the owner. In those instances, the association may need to see if there is any governmental assistance.

The association can contact Code Enforcement if the property is in so disrepair that it is a code violation. Some counties also have Elder Helplines that could be contacted. The Florida Department of Elder Affairs has an Elder Helpline at 1-800-963-5337.

 

For issues regarding self-neglect, the Adult Protective Services, Division of the Department of Children and Family Services (DCF) Abuse Hotline can be called at (800-962-2873). They should send out an investigator to investigate and perform assessments pursuant to Chapter 415 of the Florida Statutes, which allows the state to intervene in the instance that “senior neglect” is suspected. “Neglect” is defined in Section 415.102(16), Florida Statutes as follows:

  • “Neglect” means the failure or omission on the part of the caregiver or vulnerable adult to provide the care, supervision, and services necessary to maintain the physical and mental health of the vulnerable adult, including, but not limited to, food, clothing, medicine, shelter, supervision, and medical services, which a prudent person would consider essential for the well-being of a vulnerable adult. The term “neglect” also means the failure of a caregiver or vulnerable adult to make a reasonable effort to protect a vulnerable adult from abuse, neglect, or exploitation by others. “Neglect” is repeated conduct or a single incident of carelessness which produces or could reasonably be expected to result in serious physical or psychological injury or a substantial risk of death.

Finally, local law enforcement should be contacted if the association is concerned for an owner’s safety. They can perform a “welfare check” to check on the safety or well-being of a person. Such a check could lead to involuntary commitment pursuant to the Florida Mental Health Act, also known as the Baker Act. This is occasionally a viable option when a person’s inability to care for themselves presents a danger to themselves or others.

 

If the resident refuses to accept the assistance offered by family or applicable agencies and, instead, continues to cause problems for other residents, or create hazardous conditions, the association could theoretically attempt to enforce the relevant provisions of the association’s governing documents, usually through a nuisance provision.

As you might imagine, the travails of the elderly or those with mental health issues are rarely optimal cases to take before a judge or an arbitrator. However, at least in some cases, it may be worth taking the initial steps necessary to proceed with legal action including a “cease and desist” or “opportunity to cure” letter. The association could also use the legal action as a way to get a legal guardian appointed for the owner. Perhaps the association could seek a determination from a court as to whether the association could cure the violations themselves. While this may not be an attractive option for the association, it may be the only available option.

Unfortunately, dealing with residents that need help is a difficult situation for associations with no clear answer as to how to resolve the problem. Hopefully, the above options will be able to provide some guidance and assistance.

 


Robyn M. Severs represents community association clients throughout Florida’s northeast region. She has significant experience representing and assisting condominium and homeowners associations in a wide variety of legal areas, including document review, document drafting, turnover of association control, reserve funding, and maintenance issues. Robyn also handles community association bankruptcy cases and appellate cases that include some notable decisions. Earlier in her career, she served as an Assistant Public Defender for the Tenth Judicial Circuit, and as a Senior Attorney for the Florida Department of Business and Professional Regulation, Division of Real Estate, where she prosecuted cases before the Division of Administrative Hearings, Florida Real Estate Commission and Florida Real Estate Appraisal Board. Ms. Severs is also one of only 190 attorneys statewide who is a Board Certified Specialist in Condominium and Planned Development Law.

Robyn M. Severs

Shareholder / Orlando
tel:904.423.5372
RSEVERS@beckerlawyers.com

 

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Washington, D.C. Update: Bipartisan Emergency COVID Relief Act of 2020

Washington, D.C. Update: Bipartisan Emergency COVID Relief Act of 2020

  • Posted: Dec 10, 2020
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Washington, D.C. Update: Bipartisan Emergency COVID Relief Act of 2020

by  Omar Franco of Becker

Tuesday evening, the House passed HR 8900, an appropriations Continuing Resolution (“CR”) that extends current government funding levels through the end of Friday, December 18th. Its intent is to avoid disruption of relief efforts while Congress continues to work toward an agreement on a longer-term omnibus appropriations bill to fund the federal government for the FY2021. Further complicating negotiations is the renewed push on the Hill to pass additional COVID relief legislation. Any legislation to provide pandemic relief or economic stimulus before the end of the year will most likely need to pass as part of a broader appropriations package, intertwining the fate of both legislative efforts. The Senate is expected to pass the CR with enough time to allow President Trump time to sign it into law before midnight on Friday evening.

The bipartisan “908 coalition” continued efforts to reach agreement on the remaining sticking points of coronavirus legislation (state and local aid and liability reform) will garner most of the media attention as the legislative year ends, but the expected final passage of the CR is significant as well. In addition to giving Congress an additional week to find consensus on an omnibus bill, COVID legislation, or both by avoiding a shutdown, the CR included a few potentially notable health extenders as the pandemic is expected to worsen in the coming weeks. Medicare, Medicaid, FDA, and public health extenders included in this CR would:

  • Extend the Medicare work geographic index floor
  • Extend the delays of Medicaid disproportionate share hospital (DSH) reductions
  • Extend funding for low-income assistance programs including State health insurance programs like CHIP, aging and disability resource centers, and community health centers
  • Extend funding for the National Health Service Corps and teaching health centers that operate graduate medical education programs

To read the relief bill’s outline, please click here to read the Bill. Becker’s Federal Lobbying Team will continue to monitor these developments as they evolve and will share with you as soon as information becomes available.


 

Omar Franco is the Managing Director of Becker’s Washington, D.C., office. He currently represents a wide variety of clients including Fortune 500 companies, small businesses, higher education institutions, trade associations, non-profit organizations, and municipal governments

Omar Franco
Managing Director
Washington, D.C.
202.621.7122
202.731.3401
OFRANCO@beckerlawyers.com

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Working effectively with a condo manager, what to expect.

Working effectively with a condo manager, what to expect.

  • Posted: Dec 09, 2020
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Working effectively with a condo manager

Boards can build positive professional relationships with their PMs in three simple steps

Whether newly elected or seasoned veterans, all board members can benefit from putting effort into developing effective working relationships with their condo manager. Building trust is critical. If all parties trust each other, they are more able to work well together and with less friction.

What are the best ways to build that trust? There are three simple steps that boards can take to strike, strengthen or maintain effective working relationships with their property managers. They start with setting a clear and positive direction for the board and management as they work together to fulfill the requirements of their respective roles.

 

1. Define roles

It’s important for those who are new to condo boards to understand the distinction between the roles of the board and management. The board is responsible for setting the corporation’s vision and direction, makes key decisions, and generally provides leadership. Management is responsible for executing that vision and carrying out day-to-day activities.

When joining a board for the first time, or starting work with a new manager, board members should arrange a time to discuss roles and responsibilities in detail. This discussion also presents a good opportunity to clear up any misconceptions and clarify areas of overlap. Experienced board members will not likely have this issue, but new board members (or directors coming from a non-professional background) may need clarification on what constitutes a normal level of involvement on their part.

In some of the largest corporations, management may operate like a business, presenting comprehensive plans to the board for review and approval. In some of the smaller corporations, management may take an interactive or team approach, giving board members the opportunity to be much more hands-on.

Overlap can be an issue if a board member is particularly “hands-on,” or to use a less flattering term, is a “micromanager.” If a board member is particularly detail-oriented, or wants to be involved in the day-to-day details of managing the condo corporation, having an open and frank discussion is all the more important to ensure everyone’s ideas are aligned.

 

2. Set clear expectations

Unstated or unclear expectations are a recipe for disappointment and frustration for both the board and property manager, so the board should clearly state its expectations upfront. All board members and condo managers draw on their own experiences and uses their own methods of working. Most are able to adjust to others’ needs, so long as they’re made aware of those needs.

Here are some topics that are worth clarifying when a new board member or property manager joins the team:

  • How often does the board expect updates from management?
  • Will business be conducted primarily in meetings, or will there be a steady flow of email and phone communication between meetings?
  • When urgent issues must be addressed between meetings, how will a decision be made while still complying with Condominium Act requirements?
  • How quickly do board members expect a response to their communications from management?
  • Conversely, how quickly are board members typically able to respond to emails? Some board members have jobs that demand much of their time during the day, while others have more flexible schedules and will be able to respond more quickly.
  • What types of problems should the board be notified about? For example, does the board want to be notified about a break-in as soon as it happens, or is it acceptable to just put it on the manager’s report and review it at the next board meeting?
  • What tools will be used, and how will they be used? Whether communicating through email or a more advanced online management system, be sure that everyone knows what is expected of him or her.

It’s also a good idea to set clear expectations at the start of any new project. Whether the condominium corporation is undertaking a hallway refurbishment, boiler replacement or even something smaller, such as an annual landscaping update, spend the time to make sure everyone is on the same page. This can be particularly helpful when a new team member is involved. Whether it’s an engineer, consultant or project manager, the new team member will appreciate knowing what the client expects.

 

3. Communicate

Defined roles and expectations set the foundation for a productive working relationship. Clear, ongoing communication is critical to its continued success. Here are four tips to help keep the relationship running smoothly:

Establish a board/management liaison role: Whether the board has three, five or even seven members, it can be difficult for the property manager to take direction from everyone at once. And if messages are conflicting, it can be all the more frustrating. Appointing a particular board member as the liaison makes communication channels clearer and communications more efficient.

Have regular check-in meetings, face-to-face if possible: This may seem like a simple step, but many people overlook it: spending some time face-to-face gives both parties the opportunity to bring up any issues that may be either difficult or uncomfortable to bring up by phone or email. Having ample opportunity to address difficult issues is important to creating an environment of open and honest communication.

Give feedback immediately: If the board feels that there is a problem, it’s not particularly useful for the property manager to hear about it months after the fact, during an annual performance review. That said, be sure to deliver any critical or constructive criticism in a private setting, rather than in front of owners or residents. And don’t forget to share positive feedback, too! Reinforcing and encouraging the right behaviours is just as important as addressing problem areas.

Conduct annual performance reviews: While performance reviews may be about as popular as a trip to the dentist, they are absolutely critical to the success of any condo. At a minimum, the board should take the time to gather feedback and have a performance conversation with the manager on an annual basis. If there are particular difficulties and challenges, then the board would be well advised to provide feedback more frequently. A common approach is to gather feedback and have one board member present it, which makes the meeting less intimidating.

Whether a board is just starting out, or trying to strengthen or repair an existing relationship, it’s important for it to take time to set clear expectations and discuss everybody’s roles and responsibilities. Once this foundation is laid, regular, ongoing communication is key to keeping operations running smoothly. And when problems inevitably occur, the continuing dialogue will encourage both board members and property managers to address minor issues before they become serious issues.

It takes time and effort for board members and their property manager to build a positive working relationship, but by completing these three steps, they have a much greater chance of success.

 


Submitted by: Brian Bosscher is the president and founder of Condo Control Central,  He can be reached by phone at 647-557-8479, or by email at brian@condocontrolcentral.com.

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December 8th, 9th and 10th Virtual HOA, Condo and HARASSMENT, CYBER-STALKING, DEFAMATION & SLANDER Events by Kaye Bender Rembaum

December 8th, 9th and 10th Virtual HOA, Condo and HARASSMENT, CYBER-STALKING, DEFAMATION & SLANDER Events by Kaye Bender Rembaum

  • Posted: Dec 07, 2020
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Virtual:

  • HOA Board Certification Course,
  • Condo Board Certification Course and
  • Board & Property Management Seminar on  “HARASSMENT, CYBER-STALKING, DEFAMATION & SLANDER IN COMMUNITY ASSOCIATIONS” 

Virtual HOA Board Member Certification Course

WEBINAR Florida

Virtual HOA Board Member Certification Course Tuesday, December 8, 2020 from 5:30 PM – 8:00 PM

Join us for this Virtual HOA Board Certification Course taught by Emily Gannon from Kaye Bender Rembaum. We will also have a “Board Member Best Practices” presentation during the course presented by Campbell Property Management. This session is for Board Members of Homeowners Associations only – NOT Condo Associations.

Register Today

 


 

CONDOMINIUM ASSOCIATION BOARD MEMBER CERTIFICATION by Kaye Bender Rembaum

WEBINAR Florida

CONDOMINIUM ASSOCIATION BOARD MEMBER CERTIFICATION  December 9th  5:30 pm – 8:00 pm Course #: 9630075  |  Provider #: 0005092  |  2 CEs in IFM or ELE Join us for this Virtual Condo Board Certification Course taught by Allison L. Hertz from Kaye Bender Rembaum. We will also have a “Board Member Best Practices” presentation during the course presented by Campbell Property Management. This session is for Board Members of Condominium Associations only – NOT Homeowners’ Associations. Hosted by Campbell Property Management. Webinar Online

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WEBINAR- “HARASSMENT, CYBER-STALKING, DEFAMATION & SLANDER IN COMMUNITY ASSOCIATIONS”

WEBINAR Florida

WEBINAR- “HARASSMENT, CYBER-STALKING, DEFAMATION & SLANDER IN COMMUNITY ASSOCIATIONS”  December 10th  11:00 am – 12:30 pm Harassment, Cyber stalking. Defamation & Slander in Community Associations: What the $%@# Did You Say to Me? Instructor: Shawn G. Brown, Esq., BCS An informative seminar covering various forms of communication and threats in Community Associations, including Facebook, Twitter and Next Door; how it affects those directly involved, how it affects the community, and how it affects the operations of the association; and what types of communication are protected. Note that there is no CE credit for this webinar.

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State of Florida Property Management Associations events brings attendees from all over the State of Florida – information, insights, and expertise, where amazing relationships are formed.  Members and Clients tell us the time spent with their peers at events are invaluable.  We’d love to hear from you- for questions, comments, or ideas, Note: as of now these members events are virtual, we hope to soon have in class education events in the future.

contact:  membership@sfpma.com

 

 

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