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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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People can be confused about the difference between the roles of the Property Manager and the Board of Directors. | SFPMA

People can be confused about the difference between the roles of the Property Manager and the Board of Directors. | SFPMA

For most members of the condo community, the Property Manager is the face of the condo corporation or home owner’s association. They are responsible for day-to-day running of things– they look after the bank accounts, handle the checks, field correspondence, and interact with owners more frequently than the Board does.

by 

Because of this, I find that people can be confused about the difference between the roles of the Property Manager and the Board of Directors.

Are you confused about who does what?

For most members of the condo community, the Property Manager is the face of the condo corporation or home owner’s association. They are responsible for day-to-day running of things– they look after the bank accounts, handle the checks, field correspondence, and interact with owners more frequently than the Board does.

Because of this, I find that people can be confused about the difference between the roles of the Property Manager and the Board of Directors.

 

Why can’t the property manager look after everything?

I’ve heard board members ask “Why can’t I just let my Property Manager look after everything?” and “Isn’t it their job to do this? I don’t have time to look after all of this stuff”. Owners also have trouble knowing who is responsible for what; when should they contact the Board and when should they contact the Property Manager?

In this post, I’ll answer these questions, and hopefully, the difference between the roles of the Property Manager and the Board of Directors will be clear by the end.

 

Understanding the different roles

To understand the different roles, I like to think of a condo like a coffee shop. The property management company is like the staff that keeps the shop running: baristas, managers, cleaners, etc.

They are the people that interact with everyone on a day-to-day basis and do everything to make sure that the coffee shop does everything a coffee shop should. While they have some flexibility to solve problems as they arise, they are not responsible for major decisions — financial or otherwise.

 

What does the board do?

The Board of Directors acts like the corporate executives at the head office. It’s up to them to set the prices, operating procedures, and make the decisions that shape the direction of the company. The success of the enterprise is their responsibility; the staff carry out their decisions.

It’s not the barista’s job to ensure the coffee shop is selling coffee for the optimal price or that the products are the best value. Similarly, the Property Manager isn’t responsible for making the best financial decisions for the condo corporation; they do not have a fiduciary responsibility.

 

What are difference between the roles of the Property Manager and the Board of Directors?

Property Management

  • Manages
  • Under contract to work as agent of condo corporation
  • Work within constraints defined by contact with the board
  • Provide options (e.g., quotes)
  • Implement decisions
  • Is not responsible for saving condo money

Board of Directors

  • Governs
  • Is a fiduciary to the condo corporation
  • Reviews options and renders decisions
  • Oversees the implementation of decisions
  • Seeks cost savings (asks Property Manager to help)

The condo board has the responsibility to make the choices that are in the best interest of the condo corporation. This is why the property management company can’t simply be left to look after everything.

As an entity, the condo Board of Directors is responsible for making all the critical decisions regarding the maintenance of the building/grounds, condo’s finances, and must uphold the Condo Act (provincial legislation), the declaration, bylaws, and rules. It is up to the board to make sure that all the relevant documents are accessible by the owners.

A good Property Manager is a tremendous asset for any condo corporation. They can simplify the job of the board, but they cannot assume the responsibility for that job.

 

 


Pat Crosscombe, Founder & CEO  https://boardspace.co/   Thanks Pat for a great article we republished on sfpma for our readers.

 

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Join Becker’s Jennifer Biletnikoff and David Muller on Wednesday, February 21 at 12PM EST for a webinar to learn the ins and outs,Are you ready to serve on your HOA or Condo Board?

Join Becker’s Jennifer Biletnikoff and David Muller on Wednesday, February 21 at 12PM EST for a webinar to learn the ins and outs,Are you ready to serve on your HOA or Condo Board?

  • Posted: Feb 20, 2024
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Are you ready to serve on your HOA or Condo Board? If so, you must comply with Florida’s certification requirements.

Join Becker’s Jennifer Biletnikoff and David Muller on Wednesday, February 21 at 12PM EST for a webinar to learn the ins and outs, Are you ready to serve on your HOA or Condo Board?

and how to avoid potential liability associated with your new role. By attending this online class, you’ll earn CEU credits to satisfy the statutory requirement, so you are eligible to serve.

Public Anyone on or off Facebook
2 ELE Credits
Provider: #0000811
Course: #9630016
If you are planning to serve on your homeowner association board, you probably know that you will need to comply with Florida’s certification requirements within 90 days of being elected. Our HOA/Condo Board Certification class is designed to satisfy the statutory requirement so that you are eligible to serve. More importantly, it will provide the tools and information you need to perform your job well and to avoid any potential liability associated with your new role.
Topics Covered:
• Defining your fiduciary duty
• Analyzing association operations
• How to properly maintain the association’s books and records
• The pros and cons of alternative dispute resolution
• Avoiding common election pitfalls
• Preparing budgets and funding reserves
• Understanding financial reporting requirements
• Assessing insurance needs for common areas
• Defusing conflict within the community
_______________________________________
PLEASE NOTE: Instructions to receive certificate of completion or CEU credit will be emailed a few business days after the class has concluded.
________________________________________
This online class will be presented on Zoom! Full live viewing instructions will be sent to all registrants.
________________________________________
REGISTER NOW:
https://online.beckerlawyers.com/…/landi…/rsvp-blank.asp
________________________________________
SPEAKERS:
Jennifer L. Biletnikoff
SHAREHOLDER
Naples Becker
jbiletnikoff@beckerlawyers.com
David G. Muller
OFFICE MANAGING SHAREHOLDER
Naples | Sarasota
Becker
dmuller@beckerlawyers.com
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Making the most of any  community’s operating budget and improving the lifestyles of its residents.

Making the most of any community’s operating budget and improving the lifestyles of its residents.

  • Posted: Nov 06, 2023
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Working with vendors is a large part of serving on the board of a managed community.

Every community has outside partners for services like landscaping, sanitation, cable and Internet provision, pool maintenance, plumbing, blacktop, valet services and more. Finding and learning what they do and how they can help.

Open and effective communication among the board, the management company and the vendors employed by the association is an important part of making the most of any community’s operating budget and improving the lifestyles of its residents. Focusing on great communication and why it matters.

Sherwin-Williams

What can happen if communication among those entities isn’t consistent, open and effective? “Ineffective communication with vendors can cost your community money, but more importantly, it can result in loss of trust,” according to Frank Mari, executive director of SFPMA.ORG  “That means trust that the residents have in both the management company and the board, and also the trust the board has in the management company to manage vendors and recommend the right vendors for the community. As they need qualified vendors they find many on SFPMA’s Members Directory to select from.”

Poor communication with vendors can cost your association money too. If you don’t understand the details in a contract and don’t keep an open line for questions and clarifications, you may not realize that your community isn’t getting the services you think you are signing up for…. and then you will need to pay for the missing elements separately, impacting your operating budget.

Mr.Mari says “Talk to your landscaper in the middle of winter, not just spring and summer,” he directed. “If you’re an auditor, check in with the board and management company a few times of year, not just when the audit needs to be done.” Call them ask them to do a walk through of your buildings and communities, Preventive Maintenance is Key.

If you aren’t sure whether or not your current property management maintains open communication with vendors, ask! It’s important to make sure that outside vendors operate in the best interests of your community. We are all well-versed in the importance of vendor relationships and effective communication,” Frank explained. “Boards appreciate that we bring that additional level of support. Because of the trust we create with our vendors, almost any situation between boards and vendors can be resolved fairly.”

Speaking the language A basic part of communication is simply understanding the language each party is speaking. Most board members are not going to be experts in all the areas of running a
managed community, but it’s important that you have a basic knowledge of the terminology being used. Board members are expected and required to execute contracts related to things like
landscaping and other topics they may not be previously familiar with,” Talk to your Property Manager and include your Law Firm with contracts. “That fiduciary responsibility means that they need to understand what they are signing, what the work entails. It’s not enough to just consider price. Board members need to know more about what vendors are doing in order to make sure it’s being done.”

All HOA and Condo boards should be involved early in vendor selection discussions and leave the details of execution to the management company. It is important the board communicate any critical elements of their vision for the community to the vendor and be clear about what they require from each potential vendor they meet with. Board members must know enough to
understand what they should expect, what level of service is being provided for their community and what reasonable expectations are for that vendor. A landscaping company
that cares for a dozen large properties isn’t going to hand-prune every shrub, but that may be what some board members expect because they don’t yet understand the basics of large-scale landscaping,” “Of course, a self-managed community is going require more knowledge from the board members as far as monitoring the work being done and knowing that contracts are being fulfilled properly. Having a professional management company involved takes that responsibility off board members, because we know best practices, thanks to our experience managing multiple communities.” If you are looking for a Management Company

Find Top Florida Companies on our Members Directory.

How can boards and management companies know they are up-to-date on the terminology and jargon being used by their vendors? Many management companies are SFPMA Members themselves, With this membership there are educational seminars or round tables that let board members hear directly from vendors. “In addition to our in-house educational opportunities, I suggest that board members go to home shows, garden shows and other trade events so they can interact directly with vendors and pick up literature on the latest techniques and products,”.

sfpma.com - network, educate with Florida's Property management industryI tell my members to spend time at meetings, seminars and expos at every one of them get to know the vendors, Collect brochures.  Build those relationships. Listen to the keynote speakers as well. Over the years, vendors have shared with me how they have been impacted by SFPMA and how it makes them want to be part of our success. Obviously, you learn a lot that you take back to their boards and educate them on new information.

All of our members, partners and board members are asked to focus on professional development and educational opportunities that are offered by our Association to our Industry. vendors in many different disciplines host events that allow property managers to earn continuing education credits, and that many welcome board member attendance as well.

When you get to know vendors, you’re ready to work with them as partners, to optimize your community association’s budget and improve the lifestyles of the residents in your community.

South Florida Property Management Association can help you work with vendors to make the most of your association’s budgets by learning about the Top Companies working in our Industry.

www.sfpma.org

Become a Member Today!

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Education: Licensing: Become a Property Management (CAM) in Florida

Education: Licensing: Become a Property Management (CAM) in Florida

  • Posted: Apr 08, 2023
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Property Management Requirements in Florida

State of Florida Property Management Association; On our Website you can find on our Licensing Course Partners the Licensing Courses are offered to you to become a CAM Manager in the State of Florida! 

Find out about Licensing and Board Member Courses

Become a Property Manager – Many Clients wish to become a property manager they will learn requirements, then take their tests online or in a classroom.

Training is offered by SFPMA and our educational members.


Questions and Answers you might have

1. Must a Florida property management company have a real estate broker’s license

YES. Key components of property management (renting and leasing) are considered a real estate activity under existing Florida real estate licensing laws. A property manager needs a brokers license if he or she is paid by commission, and is handling rentals and leases for others.

No license is required for managing personally owned properties. There is a “Property Manager” license or certificate you should have. Also, certain rental properties need a license through the Div. of Hotels and Restaurants.

 

2. Are there any exceptions to the requirement that a Florida property manager have a broker’s license?

YES. For example, if a property owner employs someone to manage their property, and that “employee is paid a salary”, as opposed to being paid a commission or on a transactional basis, a broker’s license is not required.

For more information about these and other Florida property management requirements and exceptions, please contact the Florida Real Estate Commission.

Before hiring a property manager to manage your Florida rental property, you should always check that he or she is licensed appropriately. You can check the license status of Florida property managers at the Florida Department of Business and Professional Regulation’s Licensee Search webpage.

 

3. Must Florida community association managers have a real estate broker’s license?

No. However, a Community Association Manager license is required if someone receives compensation for providing management services for the following types of associations:

  • An association with ten or more units
  • An association with a budget of $100,000 or greater

 

4. Florida Real Estate Broker License Requirements

Florida real estate broker licensing requirements include:

  • Age: Must be at least 18 years of age.
  • High School: Must have a high school diploma or equivalent.
  • Experience: Must have held a current real estate sales associate license for at least 24 months during the 5 year period immediately preceding becoming a licensed broker.
  • Education: Successfully complete a Florida Real Estate Commission approved pre-licensing course for brokers, consisting of 72 classroom hours and covering specified topics. Courses are valid for licensure purposes for two years after completion. In addition, successfully complete a FREC-approved post-licensing course for brokers, consisting of 60 classroom hours before the initial broker license expires.
  • Exam: Pass the Florida Real Estate Broker Examination with a grade of at least 75.
  • Fee: $115 ($20 application fee; $90 license fee; $5 unlicensed activity fee).
  • Application: complete and submit broker license application which is available online.

 

5. Florida Real Estate Salesperson License Requirements

Florida real estate salesperson licensing requirements include:

  • Age: Must be at least 18 years of age.
  • High School: Must have a high school diploma or equivalent.
  • Education: Successfully complete a Florida Real Estate Commission 63-hour sales associate course.
  • Trustworthiness: Must be of good moral character; must have a background check and submit fingerprints.
  • Exam: Pass the Florida Real Estate Sales Associate Examination with a grade of at least 75%

 

6. Florida Community Association Manager License Requirements

Florida community association manager licensing requirements include:

  • Age: Must be at least 18 years of age.
  • Education: Must complete at least 18 hours of pre-licensure education from an approved provider.
  • Trustworthiness: Must be of good moral character; must have a background check and submit fingerprints.
  • Exam: Pass the Community Association Management Exam.
  • Then Pay the License fee in your state.

 


 

With over 15 years of experience, we provide the best professional continuing education in Florida.

More Community Association Managers have gone through Florida’s license training courses than with any other offered,  Whether you are looking for a classroom experience or an online courses, we make sure you are prepared for the exam and success. Our Partners with CAM Pre-licensing and CAM courses, have experienced a 100% passing rate when the course and reviews are completed before the exam.
Long after you have completed your exam, we are behind you with the best continuing education courses in the business.

SFPMA has our Calendar of upcoming events: Each month you will find the top events given by Law Firms, Educators, Service and a great team of Marketing Companies. Find courses for boards, managers, owners and investors. You can also take advantage of our You Tube and Radio Shows by some of the All Stars in out education by: Kay Bender Rembaum, and Condo Craze and HOA’s.

 

Becoming a Property Manager – Many Clients wish to become a property manager they can learn and then take their tests online or in a classroom, Training is offered by educational members of sfpma


 

Licensing requirements for Property Managers

How long has the company been in operation?
The rule of thumb is to look for five years or more experience, but this must be weighed against all the other criteria as there are subpar veterans and excellent startups in many markets. Also, beware of a company that has changed its name to avoid bad past.

Community Association Managers who focus on one property type and/or don’t provide realty services pride themselves on this point. There are definitely benefits to working with a company that has a single focus and specialization, but there are plenty of competent community association management companies who provide realty service and/or manage multiple property types. The main thing to look out for is people who decide to become property managers overnight even though they are unqualified. Although this applies to people from all backgrounds, its worth noting that when the real estate market slows down a good number of realtors moonlight as property managers, some of whom lack the proper licensing and or skills required.

 

How knowledgeable are they?
If they appear to not have the time to answer your questions in the interview process, move on. They either genuinely don’t have time for their clients, or this is a front to mask their lack of knowledge. Try offering them some hypothetical scenarios to see if they offer you solid answers or dance around the question. Quick, clear answers mean there are well laid out processes in place rather than a fly-by-the-seat-of-their-pants, more reactive mentality.

 

Are they licensed to practice property management?
This is a very important point as it is a serious problem when anyone tries to practice property management without being a licensed Community Association Manager and educated in the field. The fact that your community association management company is licensed means they are subject to the ethics and guidelines established by their states governing authority. If they don’t have a broker’s license, they either will likely be operating under another broker’s license or are in a state that does not require a broker’s license. Either way it’s worth checking the laws in your state and verifying things to make you don’t hire a company that is practicing property management illegally. Also make sure to find out if they have a current errors and omissions insurance policy.

 

What certifications does the CAM company and its employees have? Do they participate in continuing education?
This is a good indicator of how seriously the company takes their work. You want to look for companies that nurture their employees professional development by encouraging (or even better requiring) them to attend graduate level courses and seminars. Professional certifications mean the recipient has invested considerable time and money acquiring the skills required to be an expert in their field. Here are some trade organizations and the designations they provide:

  • National Association of Residential Property Managers (NARPM) – RMP, MPM, CRMC,CSS
  • National Apartment Association (NAA) – CAM, CAMT, CAPS, CAS, NALP
  • Institute of Real Estate Management (IREM) – CPM, ARM, AMO, ACoM
  • State of Florida Property Management Association. (SFPMA) (Through our Member Partners)

 

Does the management team dress and act professionally?
First impressions matter. The companies you interview are likely on their best behavior during the interview process so if they don’t look and behave professionally then, don’t expect things to improve. Consider that this person will represent you when dealing with current and potential future tenants; if you don’t find them agreeable what are the odds your tenants will? It’s also a good idea to get a look at their offices as this will provide yet another window into what kind of property conditions they find acceptable.

 

How many properties should managers manage

How many types of properties do they manage? Do they have a specialty?

Generally speaking it is a good thing if they focus on specializing in one area. How many properties are they currently managing? Is the company trying to grow, hold or slim their portfolio? This question is closely related to size which is covered in the next article.

 

Do they manage properties locally, regionally, or nationally?
The conventional wisdom is that a local only is best because is allows for a more singular focus as well as increases managements attention and ability to meet your needs as well as your access to decision makers in the company. That said, this can be an over generalization easily out weighed by any number of the other factors covered in this hiring guide.

 

Do they manage any section 8 properties?
These kinds of properties come with their unique challenges and require specific knowledge to manage. If you own, or think you may consider purchasing section 8 properties in the future you are best looking for a company that has experience in this area.

 

Ask for the addresses of some of their properties so you can do a drive by and if possible get a walk through.
Bear in mind they will select properties that reflect well on them, if you really want to go the extra step you can hunt down one of their other properties by locating some of their listings on there websites. Either way, if you get the opportunity to talk to tenants & owners try to assess their level of satisfaction with the Community Association Management Company.

 

Where is their office located? How far is it from your rental property?
The farther away they are the more likely the level of attention your property receives will suffer. A maximum of a twenty five minute drive is a good rule of thumb. or Find out of they have managers at each property some companies have offices in each building they manage, or an agreement with the building owner placing an apt set as a office.

 

IMPORTANT: This information is intended for informational purposes only and under no circumstances should it be considered legal advice or relied upon without first confirming its contents with your state real estate commission. Laws are updated frequently, and this information may not reflect the current law in your state. To confirm the specific requirements for each state, please contact your state real estate commission.


Property Management Forms

As you become a CAM Manager and start your business, You will need the Forms to help you, Leases, Letters to Tenants, Legal Documents and much more……..

Just some of the essential forms to assist you in leasing your premises, complying with legal requirements, and keeping relations with your tenants amicable. Forms include the 1. Landlord Tenant Closing Statement to Reconcile Security Deposit, 2. Residential Rental Lease Application, 3. Residential Rental Lease Agreement, 4. Commercial Building or Space Lease, 5. Security Deposit Agreement and other forms.

 

We offer Subscriptions – download and get access to

EVERY FORM YOU WILL NEED FROM THOUSANDS OF FORMS

SUBSCRIBE TODAY TO OUR FORM PACKAGE

 

 

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NAVIGATING THE TWISTS & TURNS FOR NEW BOARD MEMBERS

NAVIGATING THE TWISTS & TURNS FOR NEW BOARD MEMBERS

  • Posted: Mar 08, 2023
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   New to the Board or Thinking about Elections and running for a Board Position?

You’re now on the Board. Congratulations! And Thank You! You have now become a board member of your association. Serving on the board as a volunteer is important work and we want to be the first to let you know we appreciate your willingness.

Probably the most important thing to realize is that by becoming a board member you now have the awesome responsibility to think about the welfare of the entire association, distinct from the needs and desires of any single owner including yourself. This is not easy, but it is extremely important.

Being on the Board of Directors is important for a variety of reasons. Most importantly you will be able to make a positive and direct impact on the future direction of your community and hopefully a positive impact on the value of your investment and your home. As an increasing number of buyers are evaluating the features of living in a condominium there is more awareness of how value is created and maintained in a homeowner’s association. It is more than square footage and number of bedrooms in the living space. The value of your home is directly affected also by the quality of common area maintenance of the amenities, the enforcement of the rules and regulations, the adequacy of reserve funds, and the community spirit.

Every owner should serve on the Board of Directors at some time during their ownership. As they do they will gain a better understanding and appreciation for the role of the Board. We appreciate your willingness to serve on this board. We look forward to a very productive future together.

Since your prior Association Board made a decision to go with professional property management company they are there to help. You are partners together in managing the affairs of your association. They are able to provide guidance and direction on issues facing the association. The issues you face, for the most part, are not new to them.

SFPMA is here to support you as you volunteer for the association and offer you information making your job easier. Read Articles on our website learn and ask questions.

 

   The “Governing Documents” – What are they, are they important?

The “governing documents” are critically important. As a new Board member, you actually should find a copy and review them, if you haven’t already before now. You were likely given a copy when you purchased. The governing documents consist primarily of two types: the bylaws, and the Covenants, Conditions and Restrictions, also known as “C.C. & R’s. Additionally, the following may be considered part of the governing documents may also include the Articles of Incorporation, and the Condominium Plan. But primarily you will mostly need to be familiar with the By-laws and the C.C. & R’s. These documents are not good bedtime reading unless you are wanting to fall asleep. While you should look at the entire documents, you should especially focus in the By-laws on the sections pertaining to the Board, and also the requirements pertaining to meetings. In the C.C. & R’s, the important sections will pertain to maintenance responsibility and financial management. However, we urge you to find the time with sufficient coffee to review the entire document.

Also, the other information that you may want to become familiar with is the Florida state law, Read the “Statutes 718 – CONDOMINIUMS” and “Statutes 720 HOMEOWNERS’ ASSOCIATIONS”. A great web-site, OnlineSunshine.com is an excellent resource.

 

   What are the Board Positions? What does each Board member do?

Homeowner association boards that operate in effective and healthy ways for the benefit of their associations operate with every Board member playing a distinct and active role relating to a specific area of responsibility. Each board member should be the point person on their given area of responsibility, so that there is no potential of confusion communicated to third parties, such as the management company or other association vendors.

Generally those positions are: President, Vice-President, Treasurer, Secretary, and Director-at-Large. These are typical board positions for a five member board which is most common.

Some by-laws provide for a three member board, in which case some roles have to combine into one. Read the Governing Documents and the Bi-Laws for your Community.

The President

• Facilitates the process of each Board finding their specific role on the board.
• Allows the other Board members to fulfill their role.
• Sets time/place for meetings and Chairs the board meetings and annual meeting.
• Prepares the Board meeting agenda
• Leads the Board with the same voting power as any other board member.

May represent the association or board to third parties, such as the management company. In those cases, the President should always seek to speak for the majority of the Board, not just his or her own thoughts on an issue.

The President may NOT unilaterally speak for the board, but must always be the “voice” of the board.

Qualities that would be helpful for the President: manager, leader, able to delegate, speaks well, organizer.

 

The Vice-President

Assumes the duties of President as needed when the President is unavailable. Available for special tasks as needed, such as architectural issues, internal dispute resolution, community building efforts, or landscaping.

Maintenance Liaison. A Maintenance Liaison would coordinate with the management company representative on issues that may require board interaction between meetings. This person could speak for the board on maintenance issues between meetings. This may mean that this board member would need to poll board members on a particular decision that could not wait until a meeting can occur.

Qualities that would be helpful for the Vice- President: same as President, willingness to learn and grow into the role of President manager, leader, able to delegate, speaks well, organizer.

 

The Secretary

• Records the minutes of all meetings, prepares them for approval by the Board, and arranges for distribution to the owners and the Association Manager.

• Prepares the Notice of the meeting and Agenda and posts it on the property, so that owners are aware of the meeting and have an opportunity to attend.

• Maintains a record of all previous minutes in a “Minutes” book

Qualities that would be helpful for the Secretary: comfortable on a computer and word programs, able to prepare notices and minutes for distribution. Short hand is not required.

 

The Treasurer

• Primarily responsible for the financial affairs of the association.
• Receives and reviews weekly payables, signs checks and mails to vendors.
• Receive the reconciliation’s and copy of reserve statements as they are processed.
• Responsible to safely invest the reserve funds according to the direction of the board, and transfer to the operating account funds as they are needed for reserve projects.
• Reviews monthly financial reports
• The link between the Board and the management company on financial issues
• Coordinates transfers into and out of the reserve account.
• Need to be aware of and understand the reserve study.

Qualities that would be helpful for the Treasurer: able to read and understand basic financial concepts. It is possible to be overqualified for this role for some people who have been involved professional in high level accounting positions as a CFO or controller. Association finances are fairly basic and involve a great deal of common sense. A person who balances their own checkbook is likely able to learn what is necessary.

The Member-at-Large – available for special projects, subject to the direction of the President. The director-at-large may serve as the maintenance liaison.

Member– At-Large: Same as Vice President, perhaps with background or knowledge of maintenance would be helpful.

NEXT, NOW THAT THE OFFICERS ARE DETERMINED:

  1. Notify your manager of the names and positions of each board member.
  2. Bank Signature card. It will be necessary to sign a new signature card for your operating and reserve accounts. Contact your association manager who will set you up with one of the staff in the office who is trained on this process. At least four Board members should sign the bank card so there is back-up in the event someone is unavailable to sign the weekly checks. In addition, there are a couple of other forms to sign. These have to do with instructions regarding the possible need for filing of liens, as required by the law firm handling liens, and another form regarding owners having the ability to pay their dues by automatic debit

  3. Meetings – determine the best time and place to meet. Normally meetings occur at the home of one of the Board members or in a recreation room if one exists. Notify your manager of the dates of your meeting (i.e. third Wednesday) so that we can be sure to have your management reports to you before your meeting. Most associations meet monthly. However, if your By-laws permit, and you do not have many issues pending, you may be able to meet less often.

 

The President should also designate a board member to communicate directly with your manager just after board meetings. Your association manager may or may not be contracted to attend your Board meetings. If it is in your contract to attend, they should certainly will do so. The issue of whether they attend meetings or not can be altered by mutual agreement if the Board deems it necessary.

If you need a manager at a specific meeting, and if they are not contracted for evening meetings, some contract may allow them to charge per hour and this is paid directly to the manager to help compensate for them working a very long day. We would respectfully ask that you allow the manager to present their report and handle questions as early in the meeting as possible and then in some cases, be excused.

  1. Contact Information and Survey – In order to help serve you better, please take the time to complete a list or outline for the information to be discussed. It will help them get to know you better and how best to serve you. This keeps everyone on topic and point for why the meeting took place.

Find Upcoming Events; Educate yourself and the Board Members


Great Board Member practices – How do the best run Associations operate?

We have worked with great boards for many years, and we have worked with Boards who had great difficulty in leading their associations. Here is what we have observed in working with great boards:

  1. Great boards learn to work as a team. There is a balanced sharing of the work load among all board members.
  • The directors listen to others perspective, respecting those on the Board or the association with different opinions. The best decisions are made after a lively discussion of all the issues and concerns. Decisions made, even though not unanimous, become THE decision of the Board. Minority members accept the decision of the majority.

  • No single board member controls or dominates the Board or association. Board discussion is balanced with all members contributing. Board members with dissenting opinion are encouraged. The President leads, but should not dominate.

  • There are no decisions or actions outside of Board meeting, unless the President is required to take emergency action, in which case it is reported to the other members as soon as possible.

  • Board members do no not directly undertake tasks/jobs, that are more suitably handled by a designated professional….. CPA, attorney, consultant. Outside counsel is sought and followed from Management Company, attorney and other consultants as needed.

  • Decisions are made for the best interests of the entire association.

  • Board members understand that they are “serving” their members, not acting as managers.

  • The job of the board is to establish policies and review the work done by others.

  • The Board utilizes professional and competent vendors and they have reasonable expectations of their vendors.

  • Board members realize that they are Board members at Board meetings, or while conducting board business outside of a meeting, and homeowners the rest of the time. After all, this is your home too.

  • Board meetings are regularly scheduled, with proper notice to owners, to which Board members are prepared in advance with material read, and arrive ready to make decisions.

  • Minutes are taken that reflect the decisions made and distributed to owners in a timely fashion.

  • On the awarding of maintenance jobs cost is not the primary issue, rather a concern for the long term effectiveness. In other words, value, is more important than cost. Also, vendors are paid promptly upon satisfactory completion.

  • In the association there is a great community spirit. Owners voices are given consideration, and there is healthy dialogue when needed on important issues. Communication with owners is viewed as important.

  • Conflicts of interest: in a homeowners association the potential for this can occur frequently. Examples of this include relationships with association vendors, having work done on a portion of the common area that would benefit a board member and avoiding the same kind of work elsewhere, keeping the assessments low, at the expense of necessary repairs or reserve funding, so that a unit can be sold in the near future, are all examples of conflicts of interest. Be aware of them, and avoid even the hint of a conflict of interest.

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    COVERING YOUR ASSETS – HOW TO AVOID BOARD MEMBER LIABILITY by Becker

    COVERING YOUR ASSETS – HOW TO AVOID BOARD MEMBER LIABILITY by Becker

    COVERING YOUR ASSETS – HOW TO AVOID BOARD MEMBER LIABILITY

    View all of our events:

    UPCOMING ONLINE CLASSES

    If you agreed to serve on your board, you will want to be sure you have the tools and information necessary to understand your responsibilities, discharge your duties in accordance with the applicable law and your governing documents, and avoid any potential liability associated with your new role.

    Participants in this class will learn:

    • The fiduciary duty of a board member to the association
    • How to protect the association and themselves from liability while conducting association business
    • The most frequent mistakes made by board members

     


    You can also find these and many other events on The State of Florida Property Management Association’s

    Upcoming Events: List

    BUDGETING & RESERVES / Becker

    BUDGETING & RESERVES 1 hour class 1 IFM Credit or 1 ELE Credit Provider #0000811 / Course #9630156 When creating a financial plan for your association there are many things to consider. Join Becker attorneys as they discuss the steps it takes to create and maintain a successful budget and reserve plan. Topics we will cover include: Budget Planning Components of a Budget Calculation of Assessments Adopting The Budget Reserve Requirements & Use of Funds Straight Line Reserve Calculations

    TAKE A BITE OUT OF FRAUDULENT ASSISTANCE ANIMAL REQUESTS / Becker

    TAKE A BITE OUT OF FRAUDULENT ASSISTANCE ANIMAL REQUESTS Provider #0000811 | Course #9630287 | 1 ELE Credit Participants will learn about the Fair Housing laws on the state, federal and local level that impact community operations and actions with respect to requests to maintain emotional support animals on the property despite pet or animal restrictions. Some topics to be discussed: Fair Housing Act and Disability Accommodations Evolving Law of “Prescription Pets” Establishing a Handicap Competing Definition of Service Animal Under ADAAA and FHAA What to do When the Disability is Not Obvious What a Disabled Person Needs to Provide in Order to Own a Service Animal Innate Qualities of Service Animal Failing to Make Reasonable Accommodations and Modifications What to do when “Skeptical” Information is Provided Damages and Penalties for Discrimination This course is approved by Community Association Managers International Certification Board (CAMICB.org) to fulfill continuing education requirements for the CMCA® certification

    Condo Craze & HOA’s” (RADIO SHOW) on 850AM/WFTL & YouTube with Eric Glazer Sundays 11am-12noon.

    Condo Craze & HOA’s” (RADIO SHOW) on 850AM/WFTL & 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.   View the show details

    CONDO SOLUTIONS (RADIO SHOW) on WSTU 1450 am

    CONDO SOLUTIONS (RADIO SHOW) on WSTU 1450 am Mondays (9 am – 10 am) by Peter Mollengarden, Esq of KBR Legal Peter Mollengarden, Esq. on ‘Condo Solutions’ Live on Mondays, from 9:05am to 10:00am. Join Kaye Bender Rembaum attorney Peter C. Mollengarden and CPA Mark Brechbill every Monday and call in live with your community association-related questions. The number is 772-220-9788. This is available locally in Martin and St. Lucie counties on 1450 AM, or online at WSTU1450.com

    Legislative Update Webinar featuring Michael Bender

    WEBINAR Florida

    Legislative Update Webinar featuring Michael Bender Join Campbell Property Management and Attorney Michael Bender from Kaye Bender Rembaum for this Legal Update Webinar. 12:00 pm-1:15 pm 06/21/2022 Campbell Property Management Join Campbell Property Management and Attorney Michael Bender from Kaye Bender Rembaum for this Legal Update Webinar.  RSVP HERE This webinar does not include CEU credits. Be sure to ask your question about legal updates when you register. We will do our best to answer as many questions as possible. Board Members who attend will learn about law changes that may impact their community associations in Florida.

    Conducting Meetings & Getting The Work Done

    Royale Management Services 2319 N Andrews Avenue, Fort Lauderdale, FL

    Conducting Meetings & Getting The Work Done The presentation will begin promptly at 6:00 PM. For Reservations Click On The Class Name and Register On the Zoom For Questions Call 954-563-1269 These seminars will be presented by the president of Royale Management Services, Steven J. Weil, PhD, EA, LCAM. Dr. Weil is a Florida Licensed Manager, he is Enrolled to Practice Before the IRS and has appeared on Good Morning America. He is regularly quoted in a number of community association professional publications .

    Condo Craze & HOA’s” (RADIO SHOW) on 850AM/WFTL & YouTube with Eric Glazer Sundays 11am-12noon.

    Condo Craze & HOA’s” (RADIO SHOW) on 850AM/WFTL & 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.   View the show details

    CONDO SOLUTIONS (RADIO SHOW) on WSTU 1450 am

    CONDO SOLUTIONS (RADIO SHOW) on WSTU 1450 am Mondays (9 am – 10 am) by Peter Mollengarden, Esq of KBR Legal Peter Mollengarden, Esq. on ‘Condo Solutions’ Live on Mondays, from 9:05am to 10:00am. Join Kaye Bender Rembaum attorney Peter C. Mollengarden and CPA Mark Brechbill every Monday and call in live with your community association-related questions. The number is 772-220-9788. This is available locally in Martin and St. Lucie counties on 1450 AM, or online at WSTU1450.com


     

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    Think Rules and Regulations Do Not Need To Be Recorded? Think Again!! by KBRLegal.com

    Think Rules and Regulations Do Not Need To Be Recorded? Think Again!! by KBRLegal.com

    • Posted: Mar 02, 2022
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    Think Rules and Regulations Do Not Need To Be Recorded? Think Again!! – by KbrLegal.com

    Many Floridians live within a community operated by an association of some kind, be it a community of single-family homes under the jurisdiction of a homeowner’s or property owner’s association, or a condominium building maintained by a condominium association. These owners should be well-aware that many aspects of life within these communities are subject to restrictions outlined in a set of governing documents, which include a declaration, articles of incorporation, bylaws, and rules and regulations. While the declaration, articles of incorporation, and bylaws are typically recorded among the public records of the county in which the community is located, the rules and regulations are typically not recorded.

     

    Because rules and regulations are usually amendable by the approval of the board of directors only (as opposed to the additional approval of the membership), allowing rules and regulations to be unrecorded provides the board of directors with the flexibility to amend the rules and regulations as the need arises without the added expense and time required to record these rule amendments among the county’s official records. However, this option has changed for homeowner’s associations as a result of recent legislative changes which took effect on July 1, 2018.

     

    How has this changed? Pursuant to new provisions set out in Section 720.306(1)(e) of F.S., “[a]n amendment to a governing document is effective when recorded in the public records of the county in which the community is located.” While this has certainly always been the case for a declaration, articles of incorporation, and bylaws, this is new as to rules and regulations of a homeowner’s association because they were added to the definition of the term “governing documents” as set out in Section 720.301(8), F.S. when the Statute was amended in 2015, effective on July 1st of that year.

    Due to the fact that many homeowner’s associations have not recorded their rules and regulations in the public records of the county, consideration should be given to record the all of the rules and regulations, particularly if there are plans to amend them. Failing to record the rules and regulations prior to (or at the same time as) recording an amendment will possibly create what is termed a “wild” amendment, which is not connected in the public records to the document it is trying to amend. Additionally, if an amendment to the rules and regulations must be recorded in order to be effective, it is logical to conclude that the initial rules and regulations must also be recorded in order to be effective. Under Section 720.303 F.S., all governing documents are required to be recorded in the public records. Therefore, a homeowner’s association should record its rules and regulations in the public records in order to avoid this possible claim against the legal effectiveness of the rules when it becomes necessary for the association to enforce its rules against an owner.

    As with any other amendment to a homeowner’s association’s governing documents, within thirty (30) days after recording an amendment to the governing documents, the homeowner’s association must provide either a copy of the recorded amendment to the members or, if a copy of the amendment was provided to the members before they approved it (for those communities with owner approval requirements for rules) and the amendment was not changed before the vote, a notice providing that the amendment was adopted, identifying the official book and page number or instrument number of the recorded amendment, and that a copy of the amendment is available at no charge to the member upon written request to the association.

     

    While the consequences of this new legislation may have been unintended, it is the law until amended otherwise or an appellate court makes a contrary ruling. Although this will likely result in some minor additional costs to homeowner’s associations, this is a good opportunity for a board of directors to examine their existing rules and regulations and update them prior to recording them among the public records.

     

     

    Board members of an association subject to Chapter 720, Florida Statutes, should discuss the implications created by this recent legislative change with their association’s lawyer. It is recommended that you have experienced association counsel review any existing rules and regulations prior to recording them to ensure that they are enforceable and do not unnecessarily expose the association to liability (e.g., Fair Housing violations). As to any proposed rules not yet adopted the same holds true. Experienced association counsel should review them to both ensure enforceability and to steer clear of unintended negative consequences.

     

    Jeffrey Rembaum, Esq. of Kaye, Bender, Rembaum attorneys at law, legal practice consists of representation of condominium, homeowner, commercial and mobile home park associations, as well as exclusive country club communities and the developers who build them. He is a regular columnist for The Condo News, a biweekly publication and was inducted into the 2012, 2013 & 2014 Florida Super Lawyers. He can be reached at 561-241-4462.

    Re Published with Permission: JR / KBR Legal

     

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    Board Member Mistakes: How to Avoid Them

    Board Member Mistakes: How to Avoid Them

    • Posted: Mar 30, 2021
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    Board Member Mistakes: How to Avoid Them

    Community association boards are bound to face many difficult decisions in the course of their work. Conflicts between individual owners and the board, financial hardships, unexpected disasters: there are many points where decisions need to be made, and a good board want to make choices that will benefit the entire community, not just a few owners or influential board members. When an HOA board gets it wrong, it can take time and hard work to build back trust and community commitment.

    Here are a few examples of mistakes that community association boards can make, and some tips on how to avoid them in your board.

    1. Inaction on important issues

    Whether it’s refusing to take action against a board member who committed a wrong, or ignoring a troubling budget issue on the horizon, it’s never a good idea for a board to put off taking action. Serious issues won’t just resolve themselves, and odds are that the board will find itself dealing with the same issue in the future. It might also snowball into a worse problem.

    Not only does inaction risk a larger problem down the road, it sets a bad precedent for community members and future board members. To avoid this mistake:

    • Recognize issues that are serious or might become serious.
    • Don’t be afraid to take action against any owner or board member if it’s really necessary, no matter how important or vocal they are.
    • If the board can’t come to an agreement about a difficult decision, don’t just abandon it. Call in outside experts and stick with it until something is done.

    2. Making policy exceptions for just one or two owners

    if your board makes a hasty decision that benefits just one or two community members, it could come back to hurt the entire association in the future. Not only can those decisions be called into question by new boards in the future, they may often be made without proper documentation, budget changes, or policy changes.

    While you might genuinely want to help a community member who’s in a tough spot, you need to take a step back and look at what is best for the association as a whole. In the example cited above, waiving fees for members who were hit by a natural disaster caused a budget shortfall for the HOA, and created a tangle of legal and policy issues for a new board. To avoid this mistake:

    • Consider any individual’s request in the context of the association as a whole.
    • Look at existing policies for ways to help them that don’t require special treatment.
    • If you do decide to change policies or make an exception, definitely be sure to document everything in meeting minutes and memos so that future boards are less likely to retaliate.

    3. Being “penny wise and pound foolish”

    Many community association board mistakes revolve around budgeting, a challenging issue for any board. It can be very tempting to defer maintenance, make inexpensive choices when having work done, or make other decisions intended to reduce expenses. But putting off maintenance now can lead to larger, more costly issues down the line. Doing “band-aid” repairs or maintenance rather than investing in upgrades can also end up costing more over time.

    To make good financial choices while staying within the association’s budget:

    • Look at the long-term impact of any maintenance issue that you want to delay – what will it cost if the system breaks in a few months?
    • If you’re considering a “band-aid” type of repair, price out the cost of several such repairs compared to the cost of doing a full repair or replacement.
    • Consider increasing assessments or implementing a special assessment to make necessary repairs and perform maintenance.

    To avoid these and other community association board mistakes, consider using a property management company who can improve board decision-making and communication

     

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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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    WHEN THE PRESIDENT THINKS THEY’RE THE KING  By Eric Glazer, Esq.

    WHEN THE PRESIDENT THINKS THEY’RE THE KING By Eric Glazer, Esq.

    • Posted: Nov 30, 2020
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    WHEN THE PRESIDENT THINKS THEY’RE THE KING

    By Eric Glazer, Esq.

    So all this talk about the Presidency lately has got me thinking about an issue that comes up every week in my practice for the past 30 years or so. I get a call from someone on a Board of Directors. And they tell me that they have a President on the Board who is a real dictator. He or she doesn’t listen to any other board member, makes decisions on their own, signs contracts, sets policy, hires and fires people — all without input from the other board members. Again – I get calls like this once a week at least.

    So does the president of a board have any power above and beyond other board members, or are they simply on par with the other board members?

    Well……….let’s look at some arbitration decisions……(A single director has no power to act in a representative capacity for the corporation on matters for which a vote of the directors is required.); June Katchen and Lawrence Katchen v. Braemer Isle Condominium Association, Inc., Arb. Case No. 98-5485, Final Order (August 5, 1999) (Association president, acting alone, did not have the authority to act for the board and bind the association).

    In point of fact, an association president has no greater authority than any other member of the board. See Aldrich v. Tahitian Gardens Condominium Association, Inc., Arb. Case No. 96-0472, Summary Final Order (May 22, 1997). The president has no power to take action on behalf of the association in the absence of a specific order or resolution of a majority of the board.

    Your bylaws may allow the President to chair the meetings and sign contracts that have already been approved by the board, but that’s about it.

    So while it’s clear that a president has no greater authority than any other director, suppose that president doesn’t stop acting like a dictator? What should the board do? Well remember, the officers of the Board serve at the pleasure of the Board of Directors. The Board always has the right to call a new Board meeting / organizational meeting — and remove that person as President. No big deal. But even if they remove that person as president – that person still remains as a member of the board. The unit owners can have a recall and remove that person completely from the Board – but the Directors can very easily remove that person from the President’s spot — and then hopefully – problem solved.

    I have to say that I’m still surprised by some of these calls and how one person can sometimes bully a whole board or even a whole community. Why don’t people fight back with simply removing that person from the Presidency?

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