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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 email strings or chains, about the operation of the association, the status of the electronic communication on their personal computer would not change.

Similarly, an email 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 emails before deleting them.  The conclusion may be different if the association owns a computer on which the management conducts business including emails (analogous to government public records); or if emails 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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THE FLORIDA LEGISLATURE – AFRAID TO PASS REQUIRED EDUCATION

THE FLORIDA LEGISLATURE – AFRAID TO PASS REQUIRED EDUCATION

THE FLORIDA LEGISLATURE – AFRAID TO PASS REQUIRED EDUCATION

DOES THE FLORIDA LEGISLATURE WANT YOU TO REMAIN DUMB?

By Eric Glazer, Esq.

For those of you who are intelligent and decided to come to a Board Certification class in the last few months and learn all about the new safety and reserve laws, I applaud you.  It was my honor meeting you and teaching you all over the state.

I love that look in your eyes and the groan that comes over the crowd when I tell you that you do not need to be here today.  You did not have to get certified by taking what I believe is both a board certification and a life safety class.  The Florida Legislature still allows Board members to get certified by signing a ridiculous form that says you have read your governing documents and you promise to enforce them.

Are the new safety and reserve laws found in your governing documents?  Of course not.  You have to be taught them to know what you are now required to do in order that another Champlain Towers disaster never happens again.  You don’t learn these laws by staying home in your pajamas, printing a form off the computer and signing it.  When the members of your Board can get certified by signing that self-serving form, lives are at risk.

It’s ironic that they placed language in the new laws requiring the directors to follow them or face breach of fiduciary duty charges.  So…..according to The Florida Legislature, you must apply these new laws in your condominium, you just don’t have to learn them and know what is actually required of you.

Every legislator I have ever spoken to about a mandatory educational course in order to get Board certified is in favor of it.  Yet, it remains a mystery why in the past it has been removed from the statute.  The classes are free and are even accessible via ZOOM.  This year, there are several condominium bills floating around at the moment.  Not a single one has any mention of mandatory education for Board members.

Back to the title “Does The Florida Legislature Want You To Remain Dumb?”  How else would you explain it?

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JUST WALK AWAY  – By Eric Glazer, Esq.

JUST WALK AWAY – By Eric Glazer, Esq.

JUST WALK AWAY

By Eric Glazer, Esq.

I was recently watching an interview of a black belt in karate.  In addition he was built like The Hulk.  He started to say what he does when someone curses him out and even challenges him to a fight.  I was certainly expecting him to describe how he turns others into rubble.  On the contrary, he said that whenever he finds himself in that position, instead of fighting back, he simply walks away.  To say I was originally surprised is an understatement.  I mean this guy could pulverize any opponent.  Instead, he chooses to just walk away.

He spelled out why.  If he beats someone up he faces both criminal and civil charges.  And for what?  Because some dope said a few nasty words about him?  Much better to just walk away from any situation that allows for it.  Wow, I was impressed by this guy’s brain, not just his muscle.

It got me to thinking about my career in condominium and HOA law.  How much time in my life did I spend hearing board members and unit owners verbally go at each other.  How much time in my life did I spend hearing unit or homeowners argue with other unit or homeowners?  It’s ridiculous.

In none of these arguments was anything accomplished whatsoever.  They were all a waste of time for those arguing and everyone who unfortunately had to listen to the nonsense.  I’ve seen physical fights break out and even walkers and canes fly through the air.  And for what?  What was accomplished?  Nothing.

So, board members, unit owners, home owners and even managers, I’m talking to you.  Next time someone is looking for a fight, do what the karate guy does, walk away.  It will probably drive the other person crazy.

 

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RECOGNITION OF PRESIDENTS?  By Jan Bergemann on Condo and HOA Blog

RECOGNITION OF PRESIDENTS? By Jan Bergemann on Condo and HOA Blog

RECOGNITION OF PRESIDENTS?

By Jan Bergemann on Condo HOA Blog




I know that there are many good presidents who are working hard for the good of the community, keep open books and openly communicate with the members of the association.

But then there are lots of presidents, drunk with power and full of themselves. You wouldn’t believe the many ugly stories I’m hearing daily about presidents behaving like Joseph Stalin, Adolf Hitler or Fidel Castro. With the help of greedy attorneys and community association managers they create dictatorships that make living in community associations a living nightmare. They are even willing to ignore arbitration and court rulings and continue their evil doings even after being officially removed by elections or recalls. They are even willing to waste the association’s money on ridiculous appeals court filings.




The real reason why this can even happen in a so-called “civilized” country like the USA: The unwillingness of our government to enforce the many laws legislators create every year.

Many of these laws turn out to be just a waste of paper because too many of the so-called “specialized” community association attorneys are willing to help these dictatorial presidents to circumvent these laws, telling owners, who stand up at meetings to challenge actions of the board that violate the laws, to “sit down and shut up since they don’t have the money to sue the board anyway”!

Living in a community association isn’t something you can just enjoy by not participating, willing to ignore to happenings in the neighborhood until it’s too late. Apathy of owners allows these dictatorships to be created in the first place. Don’t let apathy destroy your community.

REMEMBER: EVEN THE BEST COMMUNITY IS ONLY ONE ELECTION AWAY FROM DICTATORSHIP.


Jan Bergemann

Jan Bergemann is president of Cyber Citizens For Justice, Florida ‘s largest state-wide property owners’ advocacy group. CCFJ works on legislation to help owners living in community  associations. He moved to Florida in 1995 – hoping to retire. He moved into a HOA, where the developer cheated the homeowners and used the association dues for his own purposes. End of retirement!

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FOUR STEPS TO A BETTER COMMUNITY  By Rafael Aquino

FOUR STEPS TO A BETTER COMMUNITY By Rafael Aquino

FOUR STEPS TO A BETTER COMMUNITY

By Rafael Aquino

Community associations often face challenges and issues requiring prompt attention and resolution. Whether it’s handling maintenance and repair needs, managing common areas, or addressing resident concerns, community associations need to work with the right partners to ensure that matters are resolved promptly and effectively.

Here are a few reasons why Florida community associations need to work with the right partners:

  1. Ensuring Quality Work

One of the most important reasons to work with the right partners is to ensure that the work performed is high quality. Whether hiring a landscaper or a maintenance technician, working with reliable and experienced professionals will help ensure that the work is done properly and to the association’s satisfaction.

  1. Saving Time and Money

Another reason to work with the right partners is to save time and money. By working with partners with a proven track record of delivering quality work, community associations can avoid hiring additional contractors or redoing work incorrectly done the first time. This can save the association time and money in the long run.

  1. Minimizing Risk and Liability

Working with the right partners can minimize risk and liability. This is especially important for community associations, as they maintain and manage common areas that all residents use. By working with licensed, insured, and experienced partners, associations can minimize the risk of accidents, injuries, and other liabilities arising from improper maintenance or repairs.

  1. Improving Communication

Working with the right partners can also help to improve Communication within the community. When community associations work with reliable partners, residents can be assured that their concerns and needs are being addressed in a timely and effective manner. This can improve resident satisfaction and create a more harmonious community.

In conclusion, working with the right partners is essential for Florida community associations to ensure that their needs and the needs of their residents are met. By providing quality work, saving time and money, minimizing risk and liability, and improving Communication, community associations can create a safe, attractive, and enjoyable community for all residents. So, it’s important to take the time to research and choose the right partners to work with for the success of the community.

As the Co-Founder and CEO of Affinity Management Services, Rafael P. Aquino leads his team to redefine excellence. They serve community associations efficiently and effectively with dedication and passion.

 

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What Are the Duties of Condominium Boards?

What Are the Duties of Condominium Boards?

What Are the Duties of Condominium Boards?

Condominium boards have complete management responsibility for their community. Even if they outsource some duties to a professional management company, boards still retain these responsibilities. Since individual homeowners, who may not be well-versed in real estate management and legal issues, serve on these boards, all members should understand their duties and responsibilities. Condominium boards should also retain experienced legal counsel and/or accountants to be information resources and advisers.

Condominium Association Bylaws

Board members must become intimately familiar with their condominium association bylaws. Management of all condominiums is governed by the association bylaws. Board members must understand all items addressed in the bylaws, often called the “condo docs.” Further, boards must learn all state statutes that relate to bylaw subjects and strictly follow the letter of state laws to avoid legal problems.

Common Areas and Building Exteriors

The condominium association board must maintain–and keep in good repair–all common areas and building exteriors. Common areas are those used by all unit owners who have deeded title to small percentages of these areas. These areas include building lobbies, open land or parks, tennis courts, pools and other amenities available to all residents. Whether a high-rise style, townhouses or cluster housing, building exteriors require maintenance and repair, particularly the siding and roofs.

Condominium Association Budget

Creating and managing the association budget is a critical duty for condominium boards. The most common reason for condominium problems is mismanagement or misuse of the budget. Association boards without an experienced accountant as a member should consider getting advice from an outside CPA to ensure that their budget is reasonable and complete. Condominium budgets should be built like those of nonprofit corporations. By estimating expenses, including insurance, landscaping, trash removal and similar operating costs for the coming year, the association board determines the amount of monthly individual homeowner assessments, commonly called “condo fees.”

Maintenance and Repair Reserves

Along with operating expenses, the association must carefully consider the funds needed as “reserves” for maintenance and repair. As part of the budgetary process, establishing realistic reserves is often overlooked by association boards, sometimes with dire consequences. For example, picture a 48-unit high-rise condominium, with each unit having a suspended wooden deck for relaxing and entertaining. Decks need periodic staining and water protection applications. Further, on older condominium projects, deck replacement would be needed at some point. Neglecting to build reserves into the annual budget for deck maintenance and replacement could result in “special homeowner assessments” of thousands of dollars. Condominium boards must diligently add these to annual budgets to build up cash to make these repairs.

Collecting Assessments

Monthly homeowner assessments–condo fees–must be collected by condominium boards. While most condominium bylaws permit boards to place liens on individual units for unpaid condo fees, liens do not equal money. Unit owners may not refinance or sell their homes for many years, leaving the condominium association short of funds to meet budget and reserve demands. Boards have a duty to establish an effective collection policy, much like a bank, to ensure consistent monthly cash flow into the association account to meet operating expenses.

Fiduciary Duty

Condominium associations must fulfill their fiduciary responsibility to manage the project in a businesslike and conservative manner. Depending on the size of the condominium project, association boards may manage many dollars and complex business issues. Fiduciary duty is typically measured by evaluating the actions of individuals or groups that “reasonably prudent” persons would take. For example, neglecting to collect condo fees, putting sufficient reserves in the budget or not completing necessary repairs is a breach of fiduciary responsibility. Condominium boards usually have individual and collective fiduciary responsibility and could be subject to serious lawsuits from unit owners for failing to act prudently.

 

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Reliable Technology for Peace of Mind

Reliable Technology for Peace of Mind

  • Posted: Dec 28, 2022
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Reliable Technology for Peace of Mind

Every facility, be it a private home, apartment complex, condo building, or hotel is threatened by water leaks issues. The cost of this damage to the population runs in the hundreds of millions of dollars and represent about 48% of insurance claims*. Burst hoses connecting refrigerators, washing machines or dishwashers; overflowing sinks and toilet bowls; leaky pipes and damaged water heaters or AC units are all sources of this destruction. And it seems that every leak in a high-rise building always occurs on the top floor when no one is at home, multiplying the catastrophic consequences.

Fortunately, there is now a reliable, cost-effective solution to prevent and detect water-related damage, with the associated insurance claims, repairs, and personal losses. The answer is AKWA Technologies, an innovative, customizable solution designed for residential and commercial buildings. The AKWA Technologies system,100% manufactured in Quebec, Canada, has a advanced design, and is fully autonomous, as an alarm system. It consists of a Master Valve installed on the property’s incoming water line with a Water Alarm Controller that supervises the entire system. Discreet Wireless leak sensors are placed at all water sources, including sinks, toilets, and other water appliances, such as washing machines, dishwashers, etc. An optional Flow sensor can be added for invisible leaks inside the walls and water usage management.

When water is detected in any of these locations, a signal is immediately sent to the Master Valve and the incoming water is shut off. This will minimize the flooding and prevent critical damage. An alarm will sound and notifications are sent to designated parties reporting the occurrence. The benefits of this customizable system are many. They include cost-effective installation with minimum disruption, elimination of expensive repairs and remediation caused by flooding, potential saving on insurance costs, and of course, your peace of mind.

Whether you are sleeping, at work, or on vacation halfway around the world, your domicile is safe with a solution that does not need Wi-Fi to be functional and requires very low maintenance. Water to your home can be shut off manually, from a distance or automatically when leaving your property for a long period of time. Whether you are a property manager or an individual user, you can manage your properties remotely from anywhere on the planet and keep your peace of mind!

 

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Watch the Webinar: Preventive Maintenance CEU Course

Watch the Webinar: Preventive Maintenance CEU Course

Watch the Webinar: Preventive Maintenance CEU Course

We recently held an educational webinar with the Brickell Homeowners Association and Siegfried Rivera to discuss why a preventive maintenance plan is a critical aspect of any association’s operation.

click on the picture below and watch the video. or click here.

Disclaimer: This video is for educational purposes only. You will not receive credits for watching the recording. Credits were issued only to those that attended the course.

brought to us by, Campbell Property Management

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