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Should Delinquent Owners Voting Rights Be Revoked?

Should Delinquent Owners Voting Rights Be Revoked?

  • Posted: Nov 04, 2024
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Should Delinquent Owners Voting Rights Be Revoked?

by Steve Walz

One of the thorniest issues to tackle in an HOA is homeowners in delinquency – not paying their dues or being significantly behind on dues payments. The community and owner dues are two sides of the same coin. The community canno maintain the grounds, amenities, or sidewalks without yearly owner dues. However, financial issues are a minefield of complications from family tragedy to cantankerous entitlement.

A challenging question arises: What should an HOA do if a homeowner refuses to pay their dues? Your options range from leveling fines to revoking voting rights. Many communities favor withdrawing voting rights – cutting off the privilege of community control that comes from being a contributing homeowner in the community. Any HOA considering this route should plan carefully to ensure this decision is legal, permitted, and potentially effective before putting it in place.

Is it Legal to Suspend Delinquent Owner Voting Rights?

Your state determines the legality of suspending voting rights in an HOA. Some states allow for the suspension of HOA voting rights for specific reasons or in general, but others prohibit the rest of any remaining owner voting rights. You will need to check the detailed laws regarding HOAs in your state. There may also be rules relating to HOA homeowner rights regarding delinquency and suspension of voting rights in your county and municipality.

Is it Permitted to Suspend Voting Rights Over Dues Delinquency?

The next question is whether your own HOA permits this policy. Next, check your governing documents and by-laws to determine if there are already policies regarding dues delinquency and when an owner’s voting rights can be permitted.

The legal language in HOA governing documents can vary widely. For example, according to some condo associations, all homeowners are subject to the same rules, which means no voting rights. On the other hand, some HOAs may define that an owner always has certain voting rights, like council elections. Still, you may be able to suspend lesser voting rights regarding community matters.

Can Suspending Voting Rights Effectively Resolve Delinquent Dues?

Finding a practical consequence for delinquent dues has always been a challenge for HOAs. The community can’t support many homeowners using the roads and amenities without paying into the infrastructure. Nevertheless, choosing the proper measures to achieve your goals is also imperative.

Considerations

  • If a homeowner never votes on anything, suspending their voting rights will not impact them in any way. Likewise, if the community votes on very little.
  • How can you fairly make exceptions for invested people experiencing financial hardship?
  • How can you protect against people who take advantage of safety net systems?
  • Never combine vote suspension and leveled fees  (not dues). This opens the door to corruption and the ability for the board to tax a homeowner out of being able to vote, then drive them from the community. If you revoke voting rights, this must only be for dues and not the total owed amount in fees.
  • You may revoke some – but not all – types of voting. Most HOAs take a few types of votes: meeting votes, election votes, special assessment votes, and so on. You may find selective vote limitations to be more effective – or permitted by your documents.
  • Prevent them from making changes, but don’t prevent them from self-advocation.

Other Potentially Effective Ways to Penalize Delinquent Dues

Suspending voting rights is a sticky proposition. Some homeowners won’t care, some will be devastated. This means it’s also worth considering a few alternatives or additional penalties that may drive homeowners to get right with their dues more effectively.

Denying Permit Approvals

  • Parking permits
  • Building permits

Refuse delinquent owners of any more permit approvals. No guest parking, and no home improvement projects. Guest parking is for people who are contributing to the neighborhood road and lot maintenance.

Denying Amenity Access

  • Pool access
  • Spa/Fitness room access
  • Clubhouse bookings
  • Sport court reservations

A first-time refusal to allow someone access to the pool due to their inability to maintain it can emphasize its importance. Consider denying non-paying homeowners something they will miss that their dues contribute to paying for if this type of solution is permitted in your state and governing documents. Your HOA gets to have sweet amenities because everyone pays in. Those who don’t, don’t. Also, this has a fair, lower impact on families experiencing financial hardship. However, they may need to use their voting rights to oppose special assessments they cannot pay or fight an oppressive fee structure.

When approaching the issue of HOA owners with delinquent dues, remember to create an adaptive and considerate system of response. Build a plan that equally accounts for the absent-minded, the scam artists, the family hardships, and the belligerent bullies. Whatever your solution, make it your central goal to resume regular dues for each property without causing or being subject to unnecessary loss.

 

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Want to take part in the decision making, step up, and run for the board. Learn about Boards how they function and How to Run Decision Making Meetings.

Want to take part in the decision making, step up, and run for the board. Learn about Boards how they function and How to Run Decision Making Meetings.

  • Posted: Nov 04, 2024
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Everyone has something to say about the Boards Decisions, but not many want to become a board member!

When an owner approaches me to complain about the decisions of the board of directors at his or her association is;  The First Question I ask is- “did you attend the meeting that decision was made at?” The Second Question is- “have you considered running for the board so that you can be part of the decision-making process?” All too often the answer to both questions is no. If you want to understand why your board makes the decisions they make and possibly influence those decisions the best way to do this is to attend the board meetings and comment on items you have knowledge or concerns about on the agenda. Want to take part in the decision making, step up, and run for the board. – by Royale Management Services

 

The vast majority of business decisions are made in meetings. While small decisions are made in all kinds of meetings, the more important decisions often get their own dedicated meetings.

There are different types of group decision making processes, and care should be taken to choose a process that best matches the situation. A decision making process can include group activities like information gathering and sharing, brainstorming solutions, evaluating options, ranking preferences, and voting on the final options. Below are the most effective ways of running decision making meetings.

 

Primary Goals for Decision Making Meetings

Goals for a decision-oriented meeting can vary a little based on the type of decision being made, but they are always centered on coming to a consensus about a future plan. It is important to remember that the goal of these meetings also includes planning how to best execute the decision that has been made.

Make the best possible decision

If a decision making process is flawed and dysfunctional, the decisions will be bad.

By involving a group in making a decision you can rely on collective intelligence; knowledge beyond what is possible with individual decision makers. Because each participant has unique information and perspectives, combining group information leads to more informed decisions. However, it is important to use meetings designed specifically for group decisions efficiently, to not waste the group members’ time.
If all planning decisions were made by one person, not only would the choices be uninformed, there would also be little unity around team goals and direction.

Planning for execution

When individuals feel that their opinion has been considered in the group planning, they are more likely to embrace the decisions and work to carry out those goals.

Most discussions of decision making assume that only senior executives make decisions or that only senior executives’ decisions matter. This is a dangerous mistake.

Participatory decision making leads to increased team productivity and likelihood of goal execution, because team members feel ownership and responsibility for the decisions made.
Addressing both short term and long term goals at your decision making meetings is a great way to make sure team members leave with a direction and know the next steps. The short term plan can be as simple as outlining action items and assigning tasks. In the long term it could mean setting a timeline of general dates and milestones. Initial planning can be an effective way of aligning the group and cementing the decision that was made.

 

 

Key Roles in Decision Making Meetings

The participants in decision making meetings may play different roles. Understanding the distinctions between these levels of involvement is a useful way of holding members accountable for their role in implementing decisions.

Meeting leader

In order to avoid getting off topic it is recommended that one person be in charge of guiding the direction of team negotiation. In addition, it can be helpful to use some elements of status update meetings in order to have meeting attendees present and be held accountable for research into the decision being made.

Those with authority to carry out the decisions

For decision making meetings it is particularly important to include all relevant persons with authority to carry out the decision. If decisions are made without including the relevant people, it can often be very challenging to implement the resulting decision.

In some cases, it can be useful to dedicate one leader of a team to be a representative for that group. Often, this job is given to someone in a senior position, but it can be fulfilled by anyone capable of accurately reporting information on behalf of a group. If this method is used, the representative should be prepared to report back to the team the consensus that was reached. Without this information exchange, the group unity that should have been a result of the group meeting is lost.

Note taker and process observer

Decision making meetings can often get derailed or become ineffective for a variety of reasons. To counter this, it can be helpful to include a note taker and process observer. These roles should be filled by people not directly involved in the decision so they are not biased toward any particular opinion. A note taker records what was suggested and decided throughout the meeting while a process observer records how those decisions were met. Incorporating these roles can lead to a lasting group understanding as well as ability to improve decision making meetings in the future.

 

Common Challenges in Decision Making Meetings

Making group decisions can be hard. Making good group decisions is even more challenging. However, good decisions is what can make or break your project or even your company or career. Being aware of the most common challenges in decision making meetings will move you closer to facilitating successful group decision making.

Incomplete information and narrow perspectives

An important aspect of collective decision making is to incorporate a broad spectrum of opinions and ideas, and through group collaboration converge these into a best possible solution. This process is easier said than done. Getting to a solution often involves dealing with a lot of conflicting agendas and opinions which are not easily resolved.

Identifying the best possible solutions

Another classic challenge of the decision making meeting is knowing what possible options are worth further consideration and discussion, and which options to discard early. Time is often wasted discussing possibilities that are not even among the most likely or best choices.

 

 

How to Host a Successful Decision Making Meeting

Decision is the spark that ignites action. Until a decision is made, nothing happens.

A great decision making meeting effectively incorporates all participants, benefiting from the knowledge and experience they bring to the process. Giving all relevant parties the opportunity to participate in the decision making process increases the quality of the decision, adds to the collective understanding and support of the outcome, and ensures successful implementation.

Consider all relevant information

We want as much relevant information as possible to go into the group decision process. This means involving as many stakeholders as practically possible to provide input when it comes to defining the problem area, come up with possible solutions, and evaluate options.

Generate and evaluate possible solutions

Identify and agree on solution requirements before starting to brainstorm potential solutions. Then, invite to brainstorm solutions with an open mind, focusing on the issue rather than the person presenting the idea. Use the solution requirements to evaluate the various suggestions, identifying the top ideas for further consideration.

Get everyone on board

The secret of change is to focus all of your energy, not on fighting the old, but on building the new.

One of the most important aspects of decision meetings is to create unity around the decision that is created. When each participant feels their opinion has been fully considered as part of the decision making process they are more likely to feel ownership of the decision, even in cases when it is not the outcome they hoped for.

 

 

Better Decision Making Meetings with Technology

Collaborative technologies today like Zoom and a good website where owners can read and voice their opinion on subjects that will impact them are being used to make group decision processes easier to manage, more efficient, produce better solutions, and improve execution of decisions.

 

Easily include and engage all key stakeholders for more complete information

Using smart device-based participation levels the playing field and provides an efficient way to share information and reach group consensus. The unruly nature of decision making meetings is easily structured with Zoom and a good Website for your association, because participants are presented with real-time visualizations and group opinions as the discussion moves forward.

 

Quickly tap into the group’s knowledge and expertise

Having participants use Zoom and a good Website for your association to evaluate options will help focus on the task at hand. Collecting decision preferences automatically, rather than manually, speeds up the process. Not only does that mean less time spent on interpreting where a group stands but it also allows for more people to be involved in the process at the same time.

For example, conducting a brainstorm with a large group of participants using whiteboards, flip charts, and post it notes can get messy. When people are contributing one by one it takes a considerable amount of time. The Zoom and a good Website for your association everyone can brainstorm, this activity lets group members submit ideas concurrently, via their own smart devices and computers making sure to accurately record and organize all inputs. This saves time for everyone involved, no matter how large the group is

 

Real-time visualizations of options and opinions focuses the discussion

Zoom and a good Website for your association are well suited to measure group opinions. In the case of an extended discussion it can be helpful to take multiple snapshots of opinions, as they can change over the course of the conversation. Taking a quick group poll, ranking, or evaluation after an initial conversation will clearly identify where the group feels their time is best spent. This allows the discussion to stay centered on the most important and relevant issues. The group will be able to use these baseline opinions as a jumping off point for focused conversation, establishing a common ground and sense of unity which will set the stage for successfully reaching a decision.

 

Engaged inclusion of stakeholders generates buy-in and better execution

Unfortunately, just organizing a group decision making meeting does not necessarily assure that each person in the room will leave feeling that they have been heard. Using Zoom and a good Website for your association ensures each person gets to contribute on an even scale. Because, participants can literally watch their voice be factored into the results. Playing an active part in the decision making process generates a sense of ownership and responsibility for the results, which in turn ensures active participation in carrying out the plan.

 

 

Adding to this: COVID-19: Technology and Social Distancing by Becker Lawyers.

COVID-19 has introduced new challenges to the way we meet and work together in our communities. Many of our daily community association activities include in-person interaction, from regular meetings to conduct association business to elections and other membership votes. Social distancing, the new normal, has necessitated a change to our behavior. While we continue to learn more about the COVID-19 virus and how it is spread, we do know that limiting in-person interaction can greatly reduce risk. Modern technology is a powerful tool to help reduce the transmission of the virus and allow us all to continue with our normal community association business. The following are a few options to consider as your association works to reduce risk in your community.

Voting

A standard election or membership vote often involves voting on a paper ballot. In addition, other types of voting events also include meeting in person, either to cast a ballot or participate in an annual meeting. At this time, we don’t know exactly how long the virus lasts on surfaces, but experts do believe it can be transmitted by touching surfaces. While social distancing and other guidelines now require we limit group activities and avoid public gatherings, there are a number of technologies that allow voters to participate in elections and cast membership votes safely from the comfort of their own homes.

Online voting is a Florida approved option and is a powerful tool to ensure association members can easily participate without the risk of exposure to the virus from in-person meetings or via voting materials. If you have an upcoming election or other membership vote, consider adding online voting to your process to avoid the need for physical materials and in-person participation.

Association Documentation

Community associations are required to provide access to association documents in the form of document inspection requests, a common practice that is sure to continue even during these uncertain times. We expect COVID-19 to affect the normal course of business for at least the next few months, especially as we continue to avoid in-person meetings and handling physical materials.

Instead of requiring in-person document inspections, consider posting your association documentation to your community website. Community association website software offers tools to upload association documentation and share links via email. These tools also allow you to easily post all Florida required association materials to a password protected area of your association’s website, facilitating ease of access and satisfying document inspection requests. These tools are simple to use and are cost-effective methods to continue to support your membership while helping to stem the transmission of the COVID-19 virus.

Association Communication

As we have seen, communication during an uncertain time is crucial. Your community association website is an instrumental channel to quickly and effectively communicate with your association membership. By posting official notices on how your community is managing the outbreak, your website provides a quick and centralized mechanism to ensure your association is apprised of the latest information. We all rely on websites for information and entertainment, and we will likely spend more time online now that our out of home activities are limited. Take this opportunity to direct your membership to your association website for the latest community updates.

We are all facing the challenges COVID-19 has introduced. Social distancing, cancelled activities, and the overwhelming amount of information only adds to the stress of this evolving situation. Technology can be a powerful equalizer, enabling us to work together in safe conditions and keep lines of communication open to all.

 

 

 

 

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Hurricane Recovery: A rundown of lessons learned from previous storms from Becker Shareholder Joseph E. Adams

Hurricane Recovery: A rundown of lessons learned from previous storms from Becker Shareholder Joseph E. Adams

Hurricane Recovery: A rundown of lessons learned from previous storms from Becker Shareholder Joseph E. Adams

Recovery From Hurricane Ian

Unfortunately, Hurricane Ian was a historic storm and has left a wide and substantial swath of damage across Southwest Florida. As we all work to recover from the ongoing effects of Hurricane Ian, I would like to share a few pointers we have learned from past storms and some things we are experiencing with Ian:

  1. Flood Damage: A significant part of Ian’s damage resulted from rising water, which is generally and generically referred to as “flood damage”. It is very important to note that flood insurance and processing flood insurance claims is covered by federal law, not Florida law. Among the notable differences, federal law requires that a “Proof of Loss” be filed for flood claims within 60 days, and the statute of limitations under flood policies is one year.
  2. Disaster Recovery Contractors: There are a number of large national companies, as well as others, who employ large crews of “storm chasers”, and arrive at disaster sites to shore up the property, dry it in, and dry it out. This is critical work and many of these companies are reputable, but not all are. Bills for significant damage sites can quickly approach seven figures (one million dollars plus) without proper justification. Associations can understandably feel under pressure to sign these companies up quickly but there are several critical things to keep in mind:
  • Approval From Your Insurer: Most reputable companies will be known to your insurers and be able to demonstrate they have the “go ahead” from the insurer before engaging in major work.
  • Mapping”: As Southwest Florida is a significant disaster zone, insurance adjustors are overwhelmed and one may not visit your property for weeks, or longer. It is very important that the disaster relief contractor properly document the conditions it finds and remediates, commonly known as “mapping.”
  • Assignment of Benefits”: Historically, various participants in this field have asked for an assignment of the association’s insurance policy rights, known as an “AOB”’. AOB contracts are now strictly regulated by statute but should never be given to an outside contractor.

While getting dry-out work started quickly is critical, the association should not enter into a contract with a remediation company, or any vendor, if the association is not comfortable with the term of the agreement and confident in the company. It is always better to take a step back and make a thoughtful decision than to rush into a bad agreement.

  1. Application Of Your Community’s Governing Documents: If the association has experienced significant damage, it is critical that the association be aware of the requirements of the governing documents, especially for condominiums. For example, many documents state that if a certain percentage of the units are rendered “uninhabitable” (usually an undefined term), the condominium is automatically “terminated” (legally extinguished) if a vote to rebuild is not taken, often in a very short time frame such as 60 days after the loss. Other “gotcha” clauses in documents might include the requirement to have a bank act as “insurance trustee” for insurance proceeds.
  2. Emergency Powers: The “emergency powers” provisions of the statutes are now in effect. Among other powers conferred are the power to contract for debris removal and authorize appropriate remediation, including removal of wet drywall and cabinetry, subject to any limitations of the condominium documents. The emergency powers statute also gives associations flexibility in noticing and holding membership and board meetings. As much as is practicable, you should consult with your association’s attorney regarding use of the statutory emergency powers.

The next few months will be a trying time for everyone in Southwest Florida and practically every community association will have to deal with some consequence from Hurricane Ian. The decisions that board members and owners make at this time will, to a great degree, determine outcome for many communities.


Joseph E. Adams is a Board Certified Specialist in Condominium and Planned Development Law, and an Office Managing Shareholder with Becker & Poliakoff. Please send your community association legal questions to jadams@beckerlawyers.com. Past editions of the Q&A may be viewed at floridacondohoalawblog.com.

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One thing has become clear since the fall of the Champlain Towers South condo: many condos are falling apart, often because owners don’t want to spend the money to maintain them. Soon, they might have no choice but to pay.

One thing has become clear since the fall of the Champlain Towers South condo: many condos are falling apart, often because owners don’t want to spend the money to maintain them. Soon, they might have no choice but to pay.

  • Posted: Jul 16, 2024
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A Broward task force will likely ask the state to boost inspections and change funding of reserves. But any new rules will face regulatory and political hurdles.

Broward County task force agreed, informally, to recommend a change in state law that would make it harder for condos to waive the proper funding of reserves and to require more frequent inspections for coastal condos. The changes, if adopted by the state, could make condo living more expensive, but safer.

“It’s going to hurt in the beginning, but that’s where we have to get,” insurance expert Paul Handerhan, president of the Federal Association for Insurance Reform (FAIR), told the committee Monday, echoing many of their own opinions. “… There’s no way to get out of this without paying.”

Monday’s was the second of three meetings for the Broward County Condominium Structural Issues Committee, set up by Mayor Steve Geller to quickly offer recommendations to the Florida Legislature, whose committee meetings begin next month.

The Florida Bar and the Community Associations Institute trade group also are studying issues arising from the June 24 condo collapse in Surfside, and will offer recommendations to the governor and Legislature.

All are focused on just a few topics, including the issues of reserves and inspections.

Currently, reserves can be waived by majority vote of those present at a condo meeting. And the first major inspection is not required in Broward until a building turns 40.

“We’re here to try to come up with creative ways to make buildings safe. What Surfside has done is made city officials, building officials, condo residents, everybody aware of the widespread lack of maintenance in older condos,” said Hollywood Commissioner Caryl Shuham, who has a degree in civil engineering and is an attorney.

She recommended, and the committee conceptually agreed, that condos should have to present a reserve study to unit owners and secure a super-majority vote to waive full funding of reserves. She also suggested reserves not be waived unless an engineer has inspected the building and issued a report.

The potential cost to condo owners is not lost on state, county and city officials or the civic and industry leaders huddling on the issue. While some million-dollar condo owners might have no trouble forking over extra money, many unit owners are not in that category. Even the inspections are costly, one condo representative said. Unit owners could be forced out and condo sales could be stifled, some said.

“In certain cases, you could be mandating the death of a building,” said Fred Nesbitt, president of the Galt Ocean Mile condo association in Fort Lauderdale, which opposes reserve mandates. “I think we should still give owners choice.”

Geller said condos that don’t properly save for repairs face sticker shock with giant special assessments. By the time a major problem is found, he said, it’s too late to start paying into reserves.

“You can’t insure a burning building, and you can’t start reserving for an emergency that has already arrived,” he said.

The cause of the Champlain collapse remains unknown but is under investigation. Because there was evidence of poor maintenance and crumbling, cracking concrete at the Champlain, there has been a sharp focus on how government can ensure that condos are kept in good repair.

“It’s terrifying to me that we’re in this place,” said state Sen. Lauren Book, one of four state legislators on the county committee. Book complained that there’s no one keeping track of individual condos – where they stand with insurance, reserves and repairs.

The committee also debated whether more frequent inspections are needed. Broward is one of two counties in Florida – the other being Miami-Dade – that requires buildings to be inspected for electrical and structural safety at age 40 and every 10 years subsequently.

Dr. Jennifer Jurado, Broward County’s climate change sustainability director, said the striking increase in sea level here – more than a foot over 20 years – could increase deterioration of concrete in buildings along the coast. She also cited temperate change and flood levels in saying that inspections should begin earlier, at 25 or 30 years.

But Dan Lavrich, a structural engineer and chairman of the Broward County Board of Rules and Appeals, which oversees application of the building code, questioned the need. Any change in the inspection program would have to be approved by Rules and Appeals, and the Florida Building Commission.

“The rest of the state has no program at all,” he said of the 40-year safety program, “and they don’t have any problems.”

The Broward committee will hold what it expects to be its final meeting next week, on Aug. 30, where formal recommendations will be voted on.

Reposted via: https://www.floridarealtors.org/news-media/news-articles/2021/08/condo-law-changes-likely-after-surfside-its-complicated

 

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BKB Cleaning Company is a pressure washing services company. We provide Roof Cleaning, Gutter Cleaning, Driveway Pressure Cleaning and Window Cleaning

BKB Cleaning Company is a pressure washing services company. We provide Roof Cleaning, Gutter Cleaning, Driveway Pressure Cleaning and Window Cleaning

  • Posted: Apr 16, 2024
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BKB Cleaning Company

954-692-3107

BKB Cleaning Company is a pressure washing services company. We provide Roof Cleaning, Gutter Cleaning, Driveway Pressure Cleaning and Window Cleaning. We service both residential and commercial customers. Call for a free quote.

BKB Cleaning Company serving communities in Parkland, Coral Springs, Margate and Boca Raton. If you are looking for the best pressure washer  for residential and commercial properties.

 

We believe in arriving on time at the customers home, providing extra ordinary service and leaving you happier than when we arrived. We care about our customers property and treat it with great care. Our cleaning process includes no pressure roof cleaning, driveway power washing and power wash fence.

We have the ability to wash with either hot water or cold water. When you wash with hot water you are able to get more dirt off than cold. We give the option to our customer as to which one they want.

We also have the ability to provide soft wash services to ensures that your home walls and roof are safe for years to come. It is safer way of cleaning because no pressure washer is used to apply chemicals or to clean the roof or home. This helps your home and or roof stay clean and safe from damage from a pressure washer. As technology evolves, so must we. That is why we are relentless in researching and testing new ways to get house washing done better and faster. We know the last thing you want is to have someone at your home all day.

 

Brian Bustamante
brian@bkbcleaning.com
954-692-3107

BKB Cleaning Company
6665 NW 75th Pl, Parkland, FL 33067
http://www.bkbcleaning.com
info@bkbcleaning.com

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When Law Enforcement Wants The Association’s Records

When Law Enforcement Wants The Association’s Records

  • Posted: Apr 07, 2024
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When Law Enforcement Wants The Association’s Records

This week, we dive into recent legislative changes. Discover how recent changes bring clarity to HOAs’ responses to law enforcement subpoenas and introduce audited financial statements for larger associations. But that’s not all – brace yourself for a surprising twist: could mandatory board membership for all homeowners be on the horizon? Tune in to find out more!

Join us on Sunday at 11am for an all new episode of Condo Craze and HOAs

EPISODE 12 LIVE YOUTUBE LINK
https://youtube.com/live/gcPb-k2lTrg

As always, we’ll be taking your calls on whatever topic you need answers to or whatever you need to get off your chest.

Call in with your question & comments or ask them in the live YouTube chat! (717) 452-9378

Don’t forget to subscribe to the Condo Craze and HOAs YouTube channel and hit the notifications bell so you never miss a moment.

VISIT OUR YOUTUBE CHANNEL

 

 

 

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HB 1203: LOTS OF NEW PROTECTIONS FOR MEMBERS LIVING IN HOAs MAKES IT HARDER FOR CAMs

HB 1203: LOTS OF NEW PROTECTIONS FOR MEMBERS LIVING IN HOAs MAKES IT HARDER FOR CAMs

  • Posted: Mar 27, 2024
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HB 1203: LOTS OF NEW PROTECTIONS FOR MEMBERS LIVING IN HOAs MAKES IT HARDER FOR CAMs

House Bill 1203 and SB 7046 merged to eventually create a huge bill for the protection of homeowners in HOAs.  It starts by placing lots of responsibilities on community association managers.

A community association manager or community association management firm that is authorized by contract to provide community association management services to a homeowners’ association must do all of the following:

(a) Attend in person at least one member meeting or board meeting of the homeowners’ association annually.

(b) Provide to the members of the homeowners’ association the name and contact information for each community association manager or representative of a community association management firm assigned to the homeowners’ association, the manager’s or representative’s hours of availability, and a summary of the duties for which the manager or representative is responsible. The homeowners’ association must also post this information on the association’s website or application required under s.720.303(4)(b). The community association manager or community association management firm must update the homeowners’ association and its members within 14 business days after any change to such information.

(c) Provide to any member upon request a copy of the contract between the community association manager or community association management firm and the homeowners’ association and include such contract with association’s governing documents.

So what do you think so far of the new protections for members of an HOA?


Every Sunday:  Ask Questions get them answered! 

Join us Sunday at 11am on YouTube https://youtube.com/live/DdNkcu9wrsw?feature=share


 

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Funding Construction Projects (Loans, Assessments & Reserves)  Presented by Synovus. Course provided & taught by Kaye Bender Rembaum’s Kerstin Henze, Esq.

Funding Construction Projects (Loans, Assessments & Reserves) Presented by Synovus. Course provided & taught by Kaye Bender Rembaum’s Kerstin Henze, Esq.

  • Posted: Mar 27, 2024
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Funding Construction Projects (Loans, Assessments & Reserves)

MARCH 28 | 11am Est | Live via Zoom

Presented by Synovus. Course provided & taught by Kaye Bender Rembaum’s Kerstin Henze, Esq.

If you have difficulty seeing the graphics below, CLICK HERE for details and/or to RSVP.

Funding Construction Projects

Date & Time:   Mar 28, 2024 11:00 AM in 
Hosted by Synovus Bank. Course provided by Kaye Bender Rembaum. Funding Construction Projects (Loans, Assessments and Reserve Spending) Course# 9630148 | Provider# 0005092 | 1 CEU in IFM or ELE Instructor: Kerstin Henze, Esq.
Attendees will learn about the process of funding construction projects. The primary focus of the program is to review with attendees the different sources of funds that may be available to address construction projects and the procedures to be followed to properly utilize those sources of funds. Attendees will learn tips to avoid pitfalls when planning for large projects. Synovus’ community association specialist will be on hand to cover the lending aspects of the seminar.
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Budget preparation time is upon us! We strongly encourage, that every year around this time, association managers and Boards review and ensure that your capital reserve study is accurate and up-to-date.

Budget preparation time is upon us! We strongly encourage, that every year around this time, association managers and Boards review and ensure that your capital reserve study is accurate and up-to-date.

  • Posted: Mar 13, 2024
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Budget preparation time is upon us! We strongly encourage, that every year around this time, association managers and Boards review and ensure that your capital reserve study is accurate and up-to-date.

This is one of the most important decisions a board will make for the future of their association. It is an easy and effective way to ensure your community’s capital replacement items are being properly funded with minimal impact on the individual homeowners. 

With the recent update to the Capital Reserve Study Standards, the impact of inflation and supply chain issues over the past few years (in some cases resulting in costs as much as 50% higher for some typical components), it is even more critical to have an updated reserve study to ensure the financial health of your community.

To stay on track for a healthy financial future, it is recommended that your Reserve Study be updated every three (3) years.

The Falcon Group Capital Reserves team consists of 6 CAI Certified Reserve Specialists (RS) as well as a Professional Reserve Analyst (PRA) designation awarded by the Association of Professional Analysts.

Contact our Reserve Specialists today for a new or updated reserve study!

 

Contact Us:

Tampa Bay

1211 1st Avenue, N.
Suite 106
St. Petersburg, FL 33705

P (813) 438-3568

West Palm Beach

5651 Corporate Way
Suite 4
West Palm Beach, FL 33407

P (561) 290-0504

Miami

15405 NW 7th Avenue
Miami, FL 33169

P (305) 663-1970


Capital Reserve Study ( what is involved )

The primary purpose of a Reserve Study is to offer recommendations as to the amount of money a community, building or other organization should set aside on a yearly basis for the future replacement or major refurbishment of their commonly owned elements.

The Falcon Group believes that a properly funded capital reserve program is the right formula for keeping a community’s physical assets in prime condition while providing some key benefits to residents. We strongly recommend updating your Capital Reserve Study Every 3 years.

A regularly updated Reserve Study can provide the following benefits:

  • Maintaining and/or increasing property values by maintaining exterior appearances through timely repair or replacement of common elements.
  • Facilitating project efficiency and cost effectiveness, as well as, minimizing disruptions and unit owner inconvenience by allowing the association to secure contractors to complete an entire project during a finite and desired schedule.
  • Reducing the likelihood of member dissatisfaction associated with the passage of large or sudden assessments.

All of our Capital Reserve Studies are prepared under the direction of a Reserve Specialist (RS) and/or a Professional Reserve Analyst (PRA).

The Falcon Group has prepared over 3,500 Capital Reserve Studies. Each Capital Reserve Study we perform is a customized analysis, prepared in coordination with our Reserve Specialist (RS) and our client, and is based on a “real-world” methodology for each item in regards to:

  • Inspection

  • Evaluation for repair or replacement

  • Evaluation for anticipated “Useful Life”

  • Integrated into a repair or replacement plan and budget

 

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“Condo Craze & HOA’s” on YouTube with Eric Glazer Sundays 11am-12noon.

“Condo Craze & HOA’s” on YouTube with Eric Glazer Sundays 11am-12noon.

  • Posted: Feb 14, 2024
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“Condo Craze & HOA’s” on YouTube with Eric Glazer Sundays 11am-12noon.

February 18 @ 11:00 AM – 12:00 PM

“Condo Craze & HOA’s”

on YouTube with Eric Glazer

Sundays 11am-12noon.

Eric M. Glazer

Eric Glazer graduated from the University of Miami School of Law in 1992 after receiving a B.A. from NYU. He has practiced community association law for more than 2 decades and is the owner of Glazer and Sachs, P.A. a five attorney law firm with offices in Fort Lauderdale and Orlando.

Eric is Board certified by The Florida Bar in Condominium and Planned Development Law and the first attorney in the State that designed a course that certifies both condominium and HOA residents as eligible to serve on a Board of Directors and has now certified more than 20,000 Floridians all across the state.

Mr. Glazer is certified as a Circuit Court Mediator by The Florida Supreme Court and has mediated dozens of disputes between associations and unit owners. Eric also devotes significant time to advancing legislation in the best interest of Florida community association members.

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Visit our Upcoming Events page and view our calendar, top events are listed for Boards, Managers and Members.

Visit our Upcoming Events page and view our calendar, top events are listed for Boards, Managers and Members.

  • Posted: Jan 23, 2024
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Webinars plus Breakfast/Lunch Events This Week

Find other top events on our website


Wednesday, January 24 | 7:30am Est | Breakfast in Pompano

OPP Credit with hot breakfast.

Limited space remains | RSVP Free Here.

Info needed? Contact ACE by TSK


Wednesday, January 24 | 11:30am Est | Lunch in Pembroke Pines

Legal Update 2024 with hot lunch.

Registration Closed…this serves as a reminder for those registered.

Info needed? Contact Capriccio’s Networking Group


Thursday, January 25 | 2:00pm Est | Zoom Webinar

Importance of Updating the Governing Documents of Your Association

RSVP Free Here


Expos & Trade Shows

Register for the Expos, Sign up for the Informational Seminars. The Board Certification courses are the best in the State. The one day events are great places to meet with many of the top businesses working together in the Industry.

Feb 6TH, 2024 AT 8:30 A.M. AT THE
SIGNATURE GRAND – BROWARD COUNTY.
Tampa Bay Condo & HOA Expo
Feb 9TH, 2024 AT 8:30 A.M.
AT THE TAMPA BAY CONVENTION CENTER.
Palm Beach Condo & HOA Expo
Feb 13th, 2024 AT 8:30 A.M.
AT THE PALM BEACH CONVENTION CENTER.

YouTube Live: Condo Craze & HOA’s

On our YouTube page you can find webinar events you may have missed, these are recorded for your viewing pleasure. Education is key for Boards, Managers and Owners living in Condo and HOA’s all over the State.  You may also find the service companies that make up SFPMA have videos letting clients learn what the do and they can best help you.

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