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Is This A Better Way to Conduct Board Meetings? | Axela Technologies

Is This A Better Way to Conduct Board Meetings? | Axela Technologies

  • Posted: Jun 04, 2020
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Is This A Better Way to Conduct Board Meetings? | Axela Technologies

This Pandemic has been a horrific human tragedy, and by no means can there ever be a silver lining. At best, we’ve learned some lessons, and new ways of doing business have been established as viable.

One of these things that we have learned is how we can improve community association board of director meetings.

 

Some Lessons Learned from the Pandemic

Companies have learned that remote working does not degrade productivity and perhaps even improves it. I would expect that in the future that “hot bunking” work stations in offices will allow companies to hire more people without having to expand to a larger space.

From a community association perspective, the greatest thing that has been discovered is the unbelievable success of video conference meetings.

 

Problems With Traditional Board Meetings

I have been to my share of community association meetings and usually, there are two problems:

  1. The membership usually fails to understand that a board meeting is NOT their meeting. Membership meetings are one thing but board meetings are another.

    The membership is positioned as observers who may articulate their issues in an open forum at the beginning or end of the meetings.  Board meetings may allow for an open forum but seldom do members sit and wait their turn.  Instead, it is often the case that they interrupt their elected directors from conducting meetings. This takes people off subject and often leads to confrontations.

  2. Many meetings are scheduled at inconvenient times so that members cannot attend, and that is a very bad practice. Sometimes these meetings are scheduled by design to minimize attendance, and sometimes they are held during work hours when people simply cannot attend.

 

Digital Board Meetings Are Just Better

Video conference meetings allow all members of the association an opportunity to see their community association board of directors as work.

It has been quite an eye-opener. More than that, it has been a brilliant experience for me to see how an unruly gathering can be changed into an orderly business meeting.

If I had my choice this would be the only way to perform board meetings going forward.

One Potential Drawback

The only drawback is that there are people who don’t have the technical skill or equipment to be able to participate in such a meeting.

My dear 92-year-old mother would love to have a computer but I won’t get her one until she figures out the remote control. I’ve done everything I can to help her learn, but mastery eludes her.

Getting people with limited technology experience to be able to attend will be the challenge if meetings go completely digital.

I invite suggestions.

 

Digital Meetings Are Better for Everyone

Regarding the first problem of unruly and disruptive meetings, a video conference has the best feature and it’s called a mute button. (My wife has been trying to get one for my big mouth for years, but I digress.)

In the past three months and countless meetings, I have never experienced such orderly, productive meetings, and considering these difficult times it has been a Godsend.

  • The board gets to conduct their meetings without being interrupted by members who come with personal agendas and the agenda is adhered to.
  • The members can be heard loud and clear during the open forum portion of the meeting, so they are not ignored or interrupted.
  • The administrator can record the meeting for prosperity, and minutes can then be properly composed.

It’s a perfect way to conduct board meetings and produce very effective results. This Pandemic has been tragic, but this is one small lesson or process that we can now say was an unintended benefit of a very unfortunate situation.

 

 

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There will be a new normal. Boards cannot simply flip a switch to bring them back to Jan. 2020 operations. by Donna DiMaggio of Becker

There will be a new normal. Boards cannot simply flip a switch to bring them back to Jan. 2020 operations. by Donna DiMaggio of Becker

  • Posted: May 08, 2020
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There will be a new normal. Boards cannot simply flip a switch to bring them back to Jan. 2020 operations.

by Donna DiMaggio Esq. of Becker

 

There is no reason that permanent sanitizer stations shouldn’t remain in place in high traffic areas including near front desks, in elevators and near access screens.

The days of having dozens of lounge chairs at the pool and tightly packed gyms should be over.

Boards may start using a reservation system for certain amenities to better enforce social distancing.

Boards who have been lax in the past about prohibiting dual usage by unit owners and their tenants should tighten up those restrictions.

Unauthorized short-term rental activity and guest usage should also be scrutinized to reduce density in the common areas.

The days of having an open door policy in the Association office should likely cease.

Some residents like to congregate in the association office for a variety of reasons but that activity was not terribly helpful in ordinary times let alone now.

Inquiries can be handled via email, phone or by attending a meeting.

Digitizing association records to conduct online document inspections as well as holding online votes will not only maximize your efficiencies but can reduce the disputes which erupt with traditional voting, inspection and meeting protocols.

 

Here’s what you need to know to live through the coronavirus crisis in South Florida

South Florida continues to be under movement restrictions due to efforts to control the spread of the new coronavirus. Although the state began on May 4 to open in phases, South Florida will have to wait longer due to higher rates of infections and deaths. Here are the key things you need to know about the situation.

Working and getting out

  • BUSINESS THAT MUST REMAIN CLOSED: Non-essential businesses in Broward, Palm Beach and Miami-Dade counties remain under shutdown orders. The statewide shutdown order is being lifted in phases, but excludes South Florida. We put together a complete list of businesses considered “essential” that may remain open.
  • FACE MASKS: Broward, Palm Beach and Miami-Dade counties have all ordered face masks to be worn by customers and employees in grocery stores, pharmacies and other retail stores that are allowed to be open during the shutdown orders. Businesses are expected to enforce the rules and could face penalties if they do not.
  • CURFEWS: Although some cities have started to lift curfews imposed in March, several remain in effect with exceptions being made only for those traveling to and from work or for essential needs. Broward County: Hallandale Beach between 11 p.m. and 5 a.m. Palm Beach County: Town of Palm Beach between 9 p.m. and 6 a.m. Miami-Dade County: Key Biscayne between 10 p.m. and 5 a.m.; Miami Beach between midnight and 5 a.m.; North Miami Beach between 10 p.m. and 5 a.m.; and the city of Miami between 10 p.m. and 5 a.m.
  • STAY-HOME ORDERSSouth Florida’s three counties technically remain under stay-home orders except for essential travel. But some outdoor activities are being allowed to resume. See “recreational activities” below for more information.
  • CANCELED EVENTS: With an order prohibiting public gatherings of 10 or more people, nearly all events have been canceled or postponed.
  • RELIGIOUS SERVICES: Although religious services are exempt from the state’s order closing businesses, the Archdiocese of Miami and the Diocese of Palm Beach suspended Masses and liturgical events. The Miami archdiocese also shut down various drive-through confessionals that some parishes started offering. The Chabad Of South Broward advised that most minyanim are not currently meeting. Many local churches and houses of worship have transitioned to online prayers, meditation posts and services. Check with your local church or religious provider for updates.
  • TRANSPORTATION: Brightline, the higher-speed rail between Miami, Fort Lauderdale and West Palm Beach, suspended service until further notice beginning March 26. Tri-Rail announced it would trim back its schedule but suspend fares on all its trains beginning March 28. Several airlines including American, United and JetBlue have cut back the number of flights between South Florida and New York City-area airports. Spirit Airlines, based in Miramar, completely suspended flights to the area. Most major airlines are now requiring masks to be worn at all times in terminals and airplanes.

Recreational activities

  • PARKS: County parks in South Florida reopened on April 30 with social distancing rules in place, along with bans on groups of 10 or more. Most cities also opened their parks with some exceptions. See the complete city-by-city list of park openings here.
  • STATE PARKSState parks around Florida started to reopen May 4 in phases, with the exception of those in South Florida including Hugh Taylor Birch State Park in Fort Lauderdale, Dr. Von D. Mizell-Eula Johnson State Park in Dania Beach and Oleta River State Park in North Miami Beach.
  • BEACHES: All beaches in Broward, Palm Beach and Miami-Dade counties remain closed, even to casual strollers. Beaches in other parts of the state have started to reopen with restrictions.
  • BOATING: South Florida’s counties began opening boat ramps and marinas on April 29. Congregations on sand bars remain prohibited.
  • GOLF COURSES: South Florida’s counties as well as most cities have now allowed golf courses to open with restrictions on group size and use of golf carts.
  • GYMS, THEATERS, ARCADES: All are included in the business closure orders that were issued in South Florida’s three counties and are being enforced by cities. Concert venues, auditoriums, movie theaters and playhouses are also closed.
  • CASINOS: South Florida casinos — including Seminole Hard Rock Hotel and Casino in Hollywood, the Seminole Classic in Hollywood, just south of the Hard Rock, the Seminole Casino in Coconut Creek and the Miccosukee Resort & Gaming casino — are closed until further notice.
  • FLORIDA KEYS: The Monroe County Sheriff’s Office announced Monday that the Florida Keys are closed to all tourists and visitors because of the coronavirus. Although some beaches have begun to reopen, the Keys are closed to visitors.
  • CRUISES: The three major cruise lines that sail out of South Florida have suspended service at least into the summer.

 

Schools and colleges

  • PRE-K AND K-12 SCHOOLS: Schools across Florida are closed for the remainder of the school year. Classes and graduations are being held virtually.
  • COLLEGES: Public and private colleges and universities have closed or moved to online classes. On-campus events are part of the state-wide ban on large gatherings. Graduation ceremonies for state colleges have also been canceled.

Eating and shopping

  • BARS, RESTAURANTS AND NIGHTCLUBS: Bars and nightclubs are closed, and restaurants are closed to dining. But many eateries are open for takeout and delivery. We have been compiling a list of Broward, Palm Beach and Miami-Dade eateries offering takeout and delivery. All food-delivery apps are waiving delivery fees until further notice.
  • GROCERY STORES: Supermarket across South Florida are changing their hours as well as designating certain days and times exclusively for senior citizens or people at higher risk of coronovirus. In addition, all three South Florida counties are requiring customers and employees to wear face masks at all times in the stores.
  • FREE MEALS FOR STUDENTS: Public schools in Broward, Palm Beach and Miami-Dade counties are providing free meals at selected locations on days that school would have otherwise been in session. Broward County: Breakfast is available 8-10 a.m. and lunch 11 a.m. to 1 p.m. at select schoolsPalm Beach County: 35 schools will distribute free meals this week Monday through Thursday, and can receive Friday’s meals on Monday, Wednesday and Friday for two meals each day. Meals and are free to anyone under 18 years of age regardless of financial need. Miami-Dade: Students and families may pick up hot meals to go, both breakfast and lunch, between 9:00 a.m. and 12:30 p.m.

Help with finances

  • HOW TO GET FINANCIAL ASSISTANCE: We won’t lose our homes because of the coronavirus crisis. Our power won’t be shut off. And we’re not going to go hungry. Financial services companies, nonprofit relief programs, utilities and government assistance agencies are offering ways to help consumers get through layoffs, business interruptions and self quarantines.
  • HELP FOR RESTAURANT WORKERS: Restaurant workers have been hit hard by the coronavirus crises, particularly here in South Florida, a resort region and tourist destination known globally for being a foodie paradise. But there are efforts here to ease the burden facing kitchen staff, servers, bartenders and others.

 

Staying safe

  • WHAT TO DO IF YOU’RE SICK: If you wake up with a cough or fever and are worried you have coronavirus, you have several options. In Florida, as in other states, hospitals and doctors have been primed on how to screen patients who come into their offices or the Emergency Department with symptoms. Only people who have severe symptoms should go to a hospital. If your symptoms are mild, call your doctor or the health department to get an appointment for a test. Some local test sites can now get results in up to 15 minutes with rapid tests but will turn away people without appointments.
  • WHERE TO FIND TESTING SITES: Drive-thru testing sites are being set up at locations around South Florida. Testing may be limited to individuals who meet the current Centers for Disease Control and Prevention guidelines: Older adults and people who have severe underlying chronic medical conditions who have fever, cough or any type of respiratory distress; any people — including healthcare workers — who within 14 days of symptom onset had contact with a suspected or confirmed coronavirus patient; and any people with history of travel from an affected area or an area with community spread. Here is complete list of testing sites in Broward, Palm Beach and Miami-Dade counties.

 

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Re-opening Amenities In Times Of Uncertainty, Part 2 by Kaye Bender Rembaum

Re-opening Amenities In Times Of Uncertainty, Part 2 by Kaye Bender Rembaum

  • Posted: May 06, 2020
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Re-opening Amenities In Times Of Uncertainty, Part 2 by Kaye Bender Rembaum

by Kaye Bender Rembaum

In response to our article below, we have received inquiries from readers  regarding the ability of an  association located in Palm Beach County to use volunteers to provide the pool  monitoring as required by Palm  Beach County Emergency Order Number 5.

In relevant part, the Palm Beach County Order provides that as to the re-opening of community swimming pools the association must have “[o]ne (1) or more facility staff or management be present at each facility location to monitor and ensure compliance with the [Order].” There is no definitive instruction in the Order as to how a community association is to comply this particular requirement. However, based upon the plain meaning of the words, the association should have personnel from management or association staff physically present at the association’s pool facilities during its operating hours to monitor the use of the pool facilities to ensure compliance with the Order.

 


 

Webinar: Association Continuity During COVID-19

Register Today

Thursday, May 7, 2020

12 Noon to 1:00pm

Kaye Bender Rembaum attorneys Michael S. Bender and Jeffrey A. Rembaum will be a part of a panel discussion presented by Castle Group, in Episode 2 of “Association Continuity and Other COVID-19 Concerns.” There will be a special focus on the re-opening of community amenities.

Panelists include:

Craig Vaughan, Castle Group President

Michael S. Bender, Esq., BCS

Jeffrey A. Rembaum, Esq., BCS

Brendan T. Lynch, AIP AAI, Plastridge Insurance, President

 

Register to Attend HERE

 

 


In addition, based upon an April 28, 2020, posting from the Palm Beach County website, it is suggested that an association could also appoint a committee of community volunteers to perform the pool monitoring. The issue created by the Palm Beach County Website posting is that the Order required “facility staff or management” to provide the pool monitoring. The term “volunteers” was not not used.

 

With that in mind,  if an association located in Palm Beach County decides to use volunteers to provide the pool monitoring function, then the following should be taken into consideration: 

 

1) If a resident who contracts Covid-19 later sues the association alleging a breach of the Order somehow led to their contracting of the virus, then will the association be in a position to show compliance with the Order when, in fact, volunteers were used? While such a lawsuit is remote, given today’s litigious environment it is not out the question.

2) Does the association have legal defense coverage which would at least provide for assignment of defense counsel so that the association will not have to go out of pocket in the event its other insurance policies do not provide coverage?

3) Does the association have insurance coverage in place to cover acts of volunteers?

4) Does the association have volunteer workers comp type coverage in place?

 

Although not required by the Order, we suggest that the association consider conspicuously posting or having available as a handout a summary of the CDC Social Distancing Guidelines and the Palm Beach County Emergency Order Number 5 as related to use of community pools.  The following links are provided for your reference:

Palm Beach County Emergency Order Number 5

The Palm Beach County Website April 28 posting related to volunteers  

Remember to also discuss the re-opening plan with your association’s legal counsel. 

 

Kaye Bender Rembaum, Attorneys at Law

The law firm of Kaye Bender Rembaum, with its 19 lawyers and offices in Broward, Palm Beach and Hillsborough Counties, is a full service law firm devoted to the representation of more than 1,200 community and commercial associations, developers, and their members throughout the State of Florida. Under the direction of attorneys Robert L. Kaye, Michael S. Bender and Jeffrey A. Rembaum, the law firm of Kaye Bender Rembaum strives to provide its clients with an unparalleled level of personalized and professional service that takes into account their clients’ individual needs and financial concerns.

http://KBRLegal.com

 

 

 

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Re-opening Amenities In Times Of Uncertainty Part. 1 by Kaye Bender Rembaum

Re-opening Amenities In Times Of Uncertainty Part. 1 by Kaye Bender Rembaum

  • Posted: May 04, 2020
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Re-opening Amenities In Times Of Uncertainty pt. 1

by Kaye Bender Rembaum

The re-opening of amenities is anything but easy due to the local Orders being promulgated by Palm Beach, Broward and Miami-Dade Counties. Please be sure to review your County’s specific order(s) to ensure your association remains in compliance. These Orders have similarities but are also VERY different.

A link to the recent re-opening Orders follows:

Palm Beach County, Emergency Order Number 5

Broward County, Emergency Order 20-08

Miami-Dade County, Emergency Order 21020

 

As to the Palm Beach County Order, take note that that staff and management are responsible to ensure compliance with the Order with respect to the tennis/racquet court facilities, and that one or more facility staff or management must be present at the pool to monitor and “ensure compliance with the restrictions of the Order.” However, it is not at all clear what measures must be taken to “ensure compliance with this Order.” We do not think it would be sufficient to only post a sign setting forth the CDC Guidelines and the additional restrictions in the Order. Although the tennis/racquet court facilities guidelines, unlike the community pool guidelines, do not require personnel to be present at the tennis/racquet courts to monitor and ensure compliance, in our opinion the board should consider some type of responsible monitoring.


 

Webinar: Association Continuity During COVID-19

Register Today

Thursday, May 7, 2020

12 Noon to 1:00pm

Kaye Bender Rembaum attorneys Michael S. Bender and Jeffrey A. Rembaum will be a part of a panel discussion presented by Castle Group, in Episode 2 of “Association Continuity and Other COVID-19 Concerns.” There will be a special focus on the re-opening of community amenities.

Panelists include:

Craig Vaughan, Castle Group President

Michael S. Bender, Esq., BCS

Jeffrey A. Rembaum, Esq., BCS

Brendan T. Lynch, AIP AAI, Plastridge Insurance, President

 

Register to Attend HERE

 

 


With respect to a swimming pool in Palm Beach County, “facility staff or management” must be present at the pool whenever it is open to monitor and ensure compliance with the restrictions set out in the Order, including social distancing and pool bathroom sanitation. If that cannot be accomplished, then the pool and or bathrooms should remain closed.

 

When opening a swimming pool in Broward County, their Order provides that the pool may not operate at more than 50% capacity. In person supervision in addition to sanitizing gates, railings and showers is required if the pool deck furnishings are left in place. However, by removing the furnishings, the wording of the Order seems to indicate the need to sanitize gates, railings and showers has been eliminated.  If the decision by the Board is to reopen the pool, whether the furnishings remain or are removed a level of reasonable cleaning/sanitizing should be maintained, as necessary maintenance remains a continuing obligation of the association with regard to common elements/areas, which would require sanitizing the pool gates, handrails, doors, bathrooms and the like minimally as the association normally would,  but clearly should be performed more frequently during these times.

 

Residents of Miami-Dade County will have to wait a while longer to be able to use their association swimming pool because their Order does not yet address opening association swimming pools.

 

We have heard that certain county staff are giving their personal interpretations of the Order(s) in response to questions from board members. If you think that relying on these unofficial and unauthorized interpretations will shield your association from immunity, think again! It is far more likely that staff interpretations of the County Orders will not provide any protection whatsoever, most especially if a resident contracts Covid-19 and a lawsuit is brought against the association. Until local governments revise their Orders to provide missing clarity, the plain language, conservative interpretation of these Orders should be followed to help ensure your association is protected as much as possible under the circumstances. Remember, too, that an association can have stricter requirements than those set out in the orders, but cannot adopt less strict requirements.

 

It is also unclear from the Orders how governmental enforcement of the restrictions is to occur by the County or any municipality, as it seems very (very) unlikely that there will be patrols driving around to check on compliance. Even if such patrols did exist, they could not hope to keep up. The more likely scenario is that the self-reporting of violations could possibly lead to monetary or other penalties against the association. Clearly, if the Board is of the opinion that the requirements in their County’s Order cannot be met at this time, it or are removed is certainly within the reasonable business judgment of the Board to keep those amenities closed. However, that said, reasonable business judgment should not be used by a board to make a decision to open amenities where the board believes it lacks the ability to be fully compliant with their county’s local Orders.

 

 

We encourage board members to contact their association’s legal counsel for guidance regarding reopening any tennis/racquet courts and/or pool facility, and to continue to monitor the guidelines, directives and orders issued by the CDC and the applicable local authorities. Stay safe.

 

Kaye Bender Rembaum, Attorneys at Law

The law firm of Kaye Bender Rembaum, with its 19 lawyers and offices in Broward, Palm Beach and Hillsborough Counties, is a full service law firm devoted to the representation of more than 1,200 community and commercial associations, developers, and their members throughout the State of Florida. Under the direction of attorneys Robert L. Kaye, Michael S. Bender and Jeffrey A. Rembaum, the law firm of Kaye Bender Rembaum strives to provide its clients with an unparalleled level of personalized and professional service that takes into account their clients’ individual needs and financial concerns.

http://KBRLegal.com

 

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COVID-19 & Technology: Resident Communication, Virtual Meetings & Electronic Voting

COVID-19 & Technology: Resident Communication, Virtual Meetings & Electronic Voting

  • Posted: May 03, 2020
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COVID-19 & Technology: Resident Communication, Virtual Meetings & Electronic Voting

On April 7th, 2020 we had a live webinar

More than 200 people attended the webinar and it was requested that we record it and allow others to watch it.

You can watch the recorded webinar and learn about how to communicate with your residents in an age when we are practicing social distancing and the benefits of hosting a virtual meeting.

We covered several topics including:

Helping your team and residents stay safer by implementing digital  communication channels instead of physical interactions with community staff.

Alleviating the additional stress of situations like COVID-19 by leveraging  technology to organize and run your condo more effectively.

Reducing costs and efforts by hosting virtual meetings.

Here is the link: Watch and Learn

https://ding.conciergeplus.com/webinarcovid19andtechnology

Peter Pietrzkiewicz
sales@conciergeplus.com

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WEBINAR: ASSOCIATION CONTINUITY & COVID-19 CONCERNS, REOPENING AMENITIES & MORE by Castle Group, Kaye Bender Rembaum and Plastridge Insurance

WEBINAR: ASSOCIATION CONTINUITY & COVID-19 CONCERNS, REOPENING AMENITIES & MORE by Castle Group, Kaye Bender Rembaum and Plastridge Insurance

  • Posted: May 01, 2020
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WEBINAR: ASSOCIATION CONTINUITY & COVID-19 CONCERNS, REOPENING AMENITIES & MORE

Date/Time  May 7, 2020
12:00 pm – 1:00 pm

REGISTER HERE

Castle Group, Kaye Bender Rembaum and Plastridge Insurance invite you to a webinar:  “Association Continuity and Other COVID-19 Concerns”, Episode 2

You are invited to join episode 2 of “Association Continuity and other COVID-19 Concerns” with a special focus on re-opening community amenities and more. Panelists include:
  • Craig Vaughan, Castle Group – President;
  • Michael S . Bender & Jeffrey A. Rembaum, Kaye Bender Rembaum, Board Certified in Condominium and Planned Development Law
  • Brendan T. Lynch, AIP AAI, Plastridge Insurance Agency, President
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IT’S TIME FOR SOME NEW LEGISLATION FOR VOTING for OUR ASSOCIATIONS By Eric Glazer, Esq.

IT’S TIME FOR SOME NEW LEGISLATION FOR VOTING for OUR ASSOCIATIONS By Eric Glazer, Esq.

  • Posted: Apr 28, 2020
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IT’S TIME FOR SOME NEW LEGISLATION

By Eric Glazer, Esq.

 

No doubt we have been in unchartered waters for the past few weeks now.  Boards have been uncertain about how, when and where they can hold board meetings.  Unit owners are upset that they have heard that their Board is actually having meetings that they cannot attend.  Decisions are being made at meetings that are not properly noticed.  No doubt decisions and votes are being made by e-mail, even though the statute clearly prohibits it.

       Despite the extraordinary powers given to Boards under the emergency powers statute, there are a few things that remain clear;

  1. Board meetings must still be noticed;
  2. Unit owners have the right to attend board meetings;
  3. Board members still cannot vote by e-mail;
  4. Board members have the right to appear at Board meetings via telephone, real-time videoconferencing, or similar real-time electronic or video communication and it counts toward a quorum, and such member may vote as if physically present. A speaker must be used so that the conversation of such members may be heard by the board or committee members attending in person as well as by any unit owners present at a meeting.
  5. Unit owners who are not on the Board have no right to attend their Board meeting via the same technology that Board members get to use.

So what needs fixing?  Obviously, in light of recent events, all board meetings and unit owner meetings must be made available to the owners through technology.  Nobody should be forced to attend a meeting in person if board members are not forced.  .  Now, before anyone starts yelling that this is impossible…… it isn’t.  There was pushback about having a mandatory website that would hold all of the association’s records.  We learned it works great.  There was pushback when it came to on-line voting.  We learned it works great.

For me however, these past few weeks have been an incredible learning experience.  I have had the joy and honor of continuing to teach the Board Certification and Legal Update seminars.  There are 130 people on-line at one time!  We are on-line for three hours.  It works perfectly.  And after my part is over, everyone who wants to be heard gets to be heard.  Don’t tell me Board meetings can’t be run the same way.  They can.  Easily.  Far fewer people typically attend a board meeting.

So, it’s clear that it’s now time for unit owners to get the same rights as board members do and have the opportunity to appear at their Board and unit owner meetings through the use of technology.  If you still choose to attend in person, even better.  The choice should be yours.

 

 


 

The State of Florida Property Management Association has looked into these issues for voting and have found in Florida,  There are a few companies that had the insite and looked into the future of Online Voting

 

Supported by SFPMA:  BeckerBALLOT  –  Use this software for board of directors votes, amendment of governing documents, waive reserves and approval of material alterations and more! Your members need to simply log in, cast their votes and be on their way.

BeckerBALLOT, a joint partnership between Becker & Poliakoff and SHYFT digital. 

We offer an easy-to-use, secure electronic voting software solution that is compliant with state law. We provide the ability for members in condominiums, cooperatives and homeowner associations to cast their votes online.  You will be able to easily and seamlessly facilitate and increase member participation in important votes. All votes stay secure, anonymous and tracked for validity.

Once your Board adopts a Resolution which offers an online voting system for your members, members consenting to vote online may register and vote using BeckerBALLOT.com

 

 

Please join us from the comfort of your home or office for one of our upcoming online webinars where we will demo the vote creation and management tools with opportunity for Q&A.

April 28: 10:30 – 11:30 am: Register Now
May 5: 10:30 – 11:30 am: Register Now
May 12: 10:30 – 11:30 am: Register Now

 

 

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Upcoming Events: Join Florida’s Top Industry Leaders, for informative Webinars and Board Member Certification events

Upcoming Events: Join Florida’s Top Industry Leaders, for informative Webinars and Board Member Certification events

  • Posted: Apr 23, 2020
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Upcoming Events: Join Florida’s Top Industry Leaders, for informative Webinars and Board Member Certification events

 

Webinars are an excellent way to publish frequent, high-value content, Once a webinar has been produced, you and your creative team can repurpose and optimize it into several pieces of valuable content. Members of SFPMA and Other Leaders in our Industry have provided these

to help with social distancing yet keeping you informed.  Take a look at this list of events – Join and sign up!

 

 

Join our own Andrew Black, a Board Certified Specialist in Condominium and Planned Development Law, online for distance learning with the Condominium Association Board Member Certification Course .
This provides CE credit for CAMs and fulfills state requirements for Condominium Association Board Members.
Course Number: 9630075 | Provider Number: 0005092
Two (2) CEU’s in IFM or ELE
Wednesday, April 29th, 2020
1:00 PM – 3:00 PM
NOTE: When registering, you must use a valid email address in order to be able to receive your certificate and or CE credit.
After you register, you will receive instructions about how to join the Zoom webinar.

Join us as we discuss the implications COVID-19 is having on your association’s financials. 
Thursday | April 30 | 11am – 12 Noon
Rafael Aquino , Co-founder of Affinity Management
Michael Bender , Esq., BCS, Kaye Bender Rembaum
Lisa Magill , Esq., BCS, Kaye Bender Rembaum
Alex Leonardo , Lanter Leonardo & DiCrescenzo CPA

 


Join us for a WEBINAR: On, Assessment Collections during the Coronavirus Crisis

April 29 @ 2:30 pm – 3:30 pm EDT

WHAT: Assessment Collections During Crisis Q&A
WHEN: Wednesday, April 29th @ 2:30pm EST

Register to Attend this Webinar

With millions out of work due to the COVID-19 pandemic, homeowners associations and condo associations are starting to feel the crunch of increased delinquencies. When homeowners are in financial crisis, association dues takes a back seat to other essentials. But community associations need the funds to maintain the health and safety of everyone in the community.

In this webinar, Axela Technologies President of Business Development, Mitch Drimmer will be joining host Russell Munz, Founder of Community Financials and Douglas Levy Counsel for Community Association Practice Group at Rees Broome, PC to answer your questions on how you can maintain a healthy community while still exercising compassion during this crisis.

Get your ‘coronavirus in the community’ assessment collection questions ready and join us online:


 

COVID-19 Message: Watch our Recorded Webinars  

WITH:  CASTLE GROUP FOUNDER AND CEO JAMES DONNELLY & DONNA DiMAGGIO Esq.  BECKER SHAREHOLDER WITH BECKER LAWFIRM

We recognize there is a growing concern as the outbreak and impact of the coronavirus (COVID-19) continues to evolve. The safety and wellbeing of our teammates and residents are Castle’s top priority. Most importantly, we want you to know, we are prepared. We are working around the clock to monitor the situation, while partnering with the Centers for Disease Control and Prevention (CDC) and other state and local health officials on response efforts, as well as to provide you with the most up-to-date information.

At our sites, our teams are working diligently to take precautions and steps to ensure a clean and safe environment. We are making every effort to customize our plan based on specific community’s needs.

We remain committed to you, and to doing our part as an organization to ensure the health and wellness of every teammate, resident and community.

Sincerely,
James Donnelly
Founder and CEO

https://www.castlegroup.com/covid-19-message/.

 


WE ARE CONTINUING TO CERTIFY HUNDREDS OF YOU!
April 23rd, at 6:00 p.m. – SOLD OUT.
NEXT CLASS – APRIL 30TH, 6:00 P.M.
Just because we’re stuck in our homes doesn’t mean we can’t get together —- and learn together — remotely – in a safe and fun way.  NO EXCUSES.
Florida law allows the Board Certification class to be taught via a video conference and that’s exactly what we’re doing.
All you need is a device with a camera so I know you are there and speakers so you can hear me.
OUR FIRST FOUR ON-LINE CLASSES WERE AN AMAZING SUCCESS!
If you want to register, send an e-mail to: lydia@condo-laws.com
If you want to sign up, just provide us with an an e-mail address.  I will then send you a link that you need to click on to start the live seminar.  Make sure to go to: GoTo Meeting
in advance to simply download the program

 


 

The CDC recommends wearing face coverings in public settings where social distancing is difficult (e.g., grocery stores and pharmacies).

What does this mean for Florida condos and cooperatives in a growing number of hotspots where people must pass each other in narrow corridors or elevators?

Should requiring residents to wear face coverings in these or other common areas be part of your community’s Covid-19 protocols until such time as the CDC lifts this requirement?

 

Please be safe ~Stay Inside 

 

 

 

 

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COVID-19 Update: Your Questions Answered & Emergency Powers Confirmed by Jeffrey Rembaum’s, Esq. of Kaye, Bender, Rembaum

COVID-19 Update: Your Questions Answered & Emergency Powers Confirmed by Jeffrey Rembaum’s, Esq. of Kaye, Bender, Rembaum

  • Posted: Apr 02, 2020
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COVID-19 Update: Your Questions Answered & Emergency Powers Confirmed

by Jeffrey Rembaum’s, Esq. of Kaye, Bender, Rembaum

 

Rembaum’s Association Roundup

OUR KBR TEAM OF ATTORNEYS OFFER GUIDANCE TO YOUR MOST PRESSING COVID-19 QUESTIONS

1. If we have a resident who tested positive for Covid-19 should we inform the entire community?

If the positive test has been confirmed, while it is ok to alert the entire community that a member has tested positive for Covid-19, it is definitely NOT ok to identify the infected person by name and/or property address.  It is recommended that you contact Association counsel for assistance in preparing or reviewing the notice to the membership.

 

2. What do we do if a confirmed, infected person in our community refuses to self-quarantine?

Consider contacting the County Health Department, the local Police Department, Department of Homeland Security, and Center for Disease Control to report them.  Please be reminded that you have no independent authority to force anyone to self-quarantine.

 

3. Should we close the association clubhouse and gym during the quarantine period? 

With known infections escalating at a breakneck pace, community leaders must make tough business decisions to protect the health, safety and welfare of community residents, staff and to promote compliance with local, state and federal emergency orders and declarations. We recommend implementing strategies to minimize spreading the disease and taking actions designed to maintain a safe environment.  Prohibiting use of indoor common facilities and amenities generally falls within the discretion of the board of directors, particularly in light of the emergency powers granted to all Boards of Directors, during this pandemic, by Florida Statutes, and is strongly recommended by the state health department.

Consequently, we recommend restricting access to these facilities as the most effective way to prevent residents from becoming infected after touching surfaces, railings, entry doors, furniture or other items.  This is especially important if residents typically congregate in the clubhouse in close proximity to each other.

Board members are obligated to act with good faith, with the care of a reasonable person and in the best interests of the community.  It is certainly in the  best interest of the community to maintain a clean and safe environment.  It is likewise in the best interests of the community for the association to promote social distancing in compliance with recommendations of governmental agencies.

 

4. Should we close the association swimming pool during the quarantine period? 

As far as we know, there is no evidence that the infection spreads from one person to another in water, however boards must take the same considerations stated above into account,.  Some associations are permitting owners to use the pool after the association removes the pool furniture, so long as each person agrees to remain 6 feet from one another and limit the number of users to less than 10.  This continued use would still require the association to engage in extraordinary cleaning/sanitizing measures for any high-touch areas including railings, access-ways, bath facilities and the like.  The logistics, costs and possible liability concerns often lead directors to the conclusion that shutting the pool facilities is a far better alternative, which is legally supportable and suggested.

 

5. Should we forgive all assessment payments for 60 days? Should we reduce our budget by 20%?

Certainly these are unprecedented times. Many communities will be faced with critical decisions regarding the likely financial impact the Covid-19 virus will have on the owners and overall operations of the association.

However, as board members have a fiduciary duty to ensure that the association  meets its many financial obligations, we do not recommend adopting a blanket policy to forgive all assessments for all owners for a certain period of days (30, 60, or 90 days), nor do we recommend an immediate reduction in the budget.

The primary reason is that the association must still function in an effective manner, which includes ensuring that its vendors and obligations are timely paid and met, including, without limitation, insurance, maintenance/sanitation of the common elements and facilities, security, and communication services (telephone, internet, cable).  Some communities may have loan repayment obligations as well.  Adopting a blanket policy to forgive all assessments can invariably cause some owners, who otherwise had no intention of withholding payment or paying late, to take advantage of the “amnesty” period, which will only create a negative impact on the association by interrupting the necessary cash flow for community services.

Of course, it is also important to demonstrate compassion during this period and Boards do have the authority to consider hardship requests from an owner on a case-by-case basis, which can include: agreeing to extend the period of time for an owner to make payment; waive late fees; enter into payment plan; or, to send additional late notices before turning a delinquent account over to legal counsel for collection. The types of hardships to be considered by the Board can include, without limitation, a documented reduction in household income by the owner or an increase in household expenses, as well as documented medical reasons.  Also, if there are items in the budget that are discretionary and vendors for these non-essential services are willing to work with the Board to either temporarily suspend those services or defer payment, the board can exercise its reasonable business judgement to work with such vendors on those points.  It is recommended that you review any proposed policies with your association counsel before implementing them.

 

6. Should our association restrict guests or contractors during the quarantine period?

Among the statutory emergency powers of a condominium board is the right to determine any portion of the “condominium property” unavailable for entry or occupancy by unit owners, family members, tenants, guests, agents, or invitees to protect the health, safety, or welfare of such persons based upon advice of emergency management officials or upon the advice of licensed professionals retained by the board.  Condominium property is defined by the Florida Condominium Act (Chapter 718 of Florida Statutes) to include both common elements and units.

However, the statutory emergency powers for homeowners’ associations are a little different. They provide that the board may determine any portion of the “association property” unavailable for entry or occupancy by owners or their family members, tenants, guests, agents, or invitees to protect their health, safety, or welfare based upon the advice of emergency management officials or upon the advice of licensed professionals retained by the board.  The term “association property” is not defined by the Florida Homeowners Association Act (Chapter 720 of Florida Statutes), but would seem to refer to property owned by an association, including only the common area and not lots or homes.

Whether an association may, should or must restrict or prohibit guests or contractors from entering the community due to COVID-19 depends upon the nature of the community, applicable law and, of course, the orders or directives from federal, state, county and local authorities.

In many condominiums there are shared elevators, lobbies, entry doors, hallways, stairways and the like.  Since residents are in close proximity to each other, and guests and contractors will typically need to share access points with residents, it is likely reasonable to limit guests and contractors in condominiums with such shared areas.  However, exceptions for guests and contractors who are necessary for the resident must be considered. A condominium association must surely allow a resident to have a guest who is necessary for a disability. In addition, residents may also need guests for other essential purposes and they should not be precluded from accessing units.  Of course, these issues need to be evaluated on a case-by-case basis.

In a condominium setting, it appears reasonable for the board to similarly restrict access and work by contractors, other than those who are performing necessary work, to be determined by the board.  It is not advisable to restrict contractors who are needed to ensure that a unit is fully functional and habitable.  Optional renovations, which are generally unnecessary to maintain or repair the unit, may be  restricted.  It is interesting to note that many of the emergency orders issued by local governments, such as Broward and Palm Beach Counties, provide that contractors are essential workers who may work despite the orders.

As noted above, the authority of the board of a homeowners’ association to prohibit entry or occupancy appears to apply to common areas rather than the lots and homes.  Furthermore, unlike a condominium, even where the homes are attached (such as townhomes), they typically do not have very much shared areas.  Presumably a guest or contractor of a resident is able to go directly to the resident’s home without contacting or affecting areas used by other residents.  As such, the board of a homeowners’ association may not have as much legal support for a restriction on guests or contractors of residents.

 

7. Should our association prevent tenants and owners from moving in during the quarantine period?

Unless there is a future State or local order that further limits or restricts activity in community associations, it does not appear that a restriction preventing owners from moving into a condominium or homeowners’ association community would be reasonable.  The fact is that owners have more rights than tenants, and obstructing an owner from entering their property is likely not warranted unless, for example, the property was destroyed by a hurricane or is otherwise unsafe.  However, it must be recognized that additional use of the shared areas of community associations could lead to the spread of COVID-19.

As a result, certain restrictions on new leases, particularly new short-term leases which have not been approved, may be reasonable to prevent a “revolving door” situation when there is an influx of too many people in the shared areas of the community. This may also include screening tenants concerning whether they have recently been exposed to COVID-19 and using it as a basis to deny immediate occupancy.  As noted above, there is typically less shared area in homeowners’ association communities and, therefore, a homeowners’ association may have less reason to preclude new tenants.  In any event, all applications for the proposed transfer or lease of a unit or lot should be timely reviewed in accordance with the governing documents for the community to ensure that the association complies with any applicable time frames during which approval must be furnished to the owner or applicant.

 

Also, On March 27, Governor DeSantis signed an Order  prohibiting vacation rentals less than 30-days. The Order expires 14 days later unless extended.

We strongly encourage Boards to discuss these issues with your association’s  legal counsel to ensure legal and appropriate measures are being undertaken to deal with this rapidly ever evolving and fluid situation.

 

Confirmation of Emergency Powers

Please see the Order from the Secretary of the D.B.P.R. confirming the application of the Emergency Powers for all Boards, as well as the tolling of the deadline for financial reporting requirements for Condominium, Cooperative and Timeshare Associations, during the current State of Emergency.


Short Term Rental Prohibition Order

On March 27, Governor DeSantis signed an Order  prohibiting vacation rentals less than 30-days. The Order expires 14 days later unless extended.

 

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Rembaum’s Association Roundup: Social Distancing Extended & Clarification of Short Term Rentals Order

Rembaum’s Association Roundup: Social Distancing Extended & Clarification of Short Term Rentals Order

  • Posted: Mar 30, 2020
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Rembaum’s Association Roundup: Social Distancing Extended & Clarification of Short Term Rentals Order

by Jeffrey A. Rembaum  brought to you by the Law Firm of  Kaye Bender Rembaum

 

Social Distancing Extended Through End of April & Short Term Rental Clarification 

 

Social Distancing Extended 

As you may have already heard this evening,  the Federal Government’s recommendation on social distancing, originally scheduled to end tomorrow, was extended through the end of April.

 

Clarification Regarding Vacation Rental Order 

On March 27, Governor DeSantis signed an Order  prohibiting vacation rentals less than 30 days (not 30 days or less). The Order expires 14 days later unless otherwise extended.  View the order HERE

 

We strongly encourage Boards to discuss these issues with your association’s  legal counsel to ensure legal and appropriate measures are being undertaken to deal with this rapidly ever evolving and fluid situation.

 

Confirmation of Emergency Powers

Please see the Order from the Secretary of the D.B.P.R. confirming the application of the Emergency Powers for all Boards, as well as the tolling of the deadline for financial reporting requirements for Condominium, Cooperative and Timeshare Associations, during the current State of Emergency.

 

We added a very useful COVID-19 resource section to our website. You can visit it by clicking HERE

 

The Kaye Bender Rembaum Team Remains  Available To You And To

Your Community Association

The health and safety of your Community and all residents is very important to us. We also realize that our clients have uncertainty and concerns around the continuing operation of your Community, and our team of attorneys will remain available to all of you during these times.

 

Legal Sponsor Members of SFPMA

Kaye Bender Rembaum

Kaye Bender Rembaum is dedicated to providing clients with an unparalleled level of personalized and professional service regardless of their size and takes into account their individual needs and financial concerns, with offices in Pompano Beach, Palm Beach Gardens & Tampa.

Jeffrey A. Rembaum

Phone: 561-241-4462
E-Mail: JRembaum@KBRLegal.com

 

 

 

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The Falcon Group: “We will continue to do our best and keep Clients informed of the decisions made internally in regards to this evolving situation”

The Falcon Group: “We will continue to do our best and keep Clients informed of the decisions made internally in regards to this evolving situation”

  • Posted: Mar 17, 2020
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Good morning to our incredible clients, property managers and colleagues;

We all find ourselves in un-chartered waters, the likes of which none of us have ever seen with this virus. Please be assured that all of us at Falcon are monitoring the situation on an hourly basis with our senior leadership. We are continuing to operate and provide service to our clients in a safe and professional manner. Internal office measures are being taken on a regular basis to ensure our space is sanitized and are staff are safe.

Falcon is proud and motivated to continue our strong reputation of service and responsiveness for all construction projects as well as all of our other services. We have informed our project managers/staff that they should sit home at the first signs of any illness or if any of their family members become stricken with cold/ flu like symptoms, if their city of residence has been quarantined, or if their children/ family have been designated to stay home from work school due to a confirmed case of the virus at their respective work/schools in an attempt to limit the spread of this virus or any sickness.

At this time we are continuing to perform our services. Any needed meeting can be done via conference call, Go-To Meeting, Skype, Zoom or other formats any any convenient time, even weekends.

We are happy to work with you to modify any service in a comfortable manner until such time as we all return to normal.

We are confident that our great nation will get through this in, hopefully short order and come out stronger.  We must all work together, help each other as needed and continue to be the best we can be.  We sincerely thank you for the confidence that you have shown in us for the last 23 years and please know that we are motivated to keep your projects moving forward.

Please do not hesitate to reach out me personally or to any of our 100+ team members to assist you in any manner.  We will continue to do our best to keep you informed of the decisions made internally in regards to this evolving situation.

Thank you and be safe,

William Pyznar & Sinisa Kolar

 


 

The Falcon Group – Engineering Architecture Energy Consultants Specialists

Miami ph: 305.663.1970 x509  West Palm Beach ph: 561.290.0504

Valued Members of SFPMA   View their membership page!

An industry-leader providing professional, cost effective and innovative architectural and engineering designs, solutions and services through the use of highly qualified staff and outstanding customer service.

 

 

 

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