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THE FLORIDA LEGISLATURE NEEDS TO MANDATE CONDO AND HOA EDUCATION By Eric Glazer, Esq.

THE FLORIDA LEGISLATURE NEEDS TO MANDATE CONDO AND HOA EDUCATION By Eric Glazer, Esq.

  • Posted: Oct 28, 2019
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THE FLORIDA LEGISLATURE NEEDS TO MANDATE CONDO AND HOA EDUCATION

By Eric Glazer, Esq.

We all know that condo and HOA board members must get certified within ninety (90) days of getting on to their Board of Directors. Unfortunately however, Florida law allows board members to get certified either by attending an educational course or by signing a ridiculous, silly, self-serving, nonsensical affidavit that says you read your governing documents and promise to enforce them. If you live in a condominium, the affidavit does not require you to say you have read Florida Statute 718. If you live in an HOA, the affidavit does not require you to say you have read Florida Statute 720. In fact, many association documents contain illegal provisions. So leave it to the State of Florida to certify a director who promises to uphold and enforce the illegal provisions contained in their governing documents.

Just a few years ago a Miami Dade County grand jury delivered a blistering report about the state of condominiums in Miami-Dade County. It wasn’t flattering. The grand jury report was on the contrary, a blistering report about just how bad things are in many of our associations. Kickbacks, stealing and conflicts of interest seem to be everywhere. In response to this grand jury finding, The Florida Legislature passed numerous new laws making certain actions a crime. If anyone knows anyone who knows anyone that was arrested under any of these new crimes, let me know because I haven’t heard of anyone. I warned when these laws were passed that the local police departments have murders, rapes and robberies to solve, not election crimes. Sure enough, law enforcement rarely if ever gets involved.

One way that The Florida Legislature could have helped is by mandating that if you want to be a board member you must take an educational class approved by the Department of Business and Professional Regulation. There is no requirement under the law that a Board member be an attorney, accountant, contractor, or have any prior experience in association matters of any kind. Yet, when board members are elected or appointed, they are given the keys to the kingdom and are often times in charge of budgets in the seven or eight figures. They need to immediately know some laws, rules, regulations and have a general understanding of their governing documents. When they don’t, money is misspent. Lawsuits happen. Maintenance suffers and ultimately all the unit owners suffer financially. The lawyers do well however.

I have taught the Board Certification educational course to about 20,000 Floridians all across the state. These people wake up early, take time out of their busy lives and all want to become better board members and keep their association out of harm’s way by attending a 3 hour class. It is embarrassing for me to tell them that they were not required to attend today’s class and instead they could have printed out a stupid form off of the internet, signed it, and have become certified to the same extent as if you took this seminar. It’s insane and it’s insane that The Florida Legislature lets this shenanigans and this farce continue.

After having the honor and privilege of practicing in this area of law for 27 years I am delighted that The Florida Bar now recognizes Condominium and Planned Development Law as an area that is complicated and where attorneys themselves can become “certified.” I am honored to be one of a miniscule percentage of attorneys in the state to be certified in this area. Now it’s time for The Florida Legislature to step up to the plate, realize that education must be mandatory and make sure that board members don’t get certified by signing a dumb form. They have to attend a course for a few measly hours before they get to control millions of dollars in cash and real estate and potentially wreck the lives of their fellow owners. If they can’t find the three hours of time to attend the class how are they going to find the time to attend meetings, pass budgets and solve the association’s problems?

If you agree with me, then make your voice heard today. Not tomorrow. Right Now.

Here is the website to find your local Florida Senator and House members: https://www.flsenate.gov/senators/find

Send them an e-mail today that says:

“I’m writing to demand that The Florida Legislature remove the ability of officers and directors of community associations to become certified by signing an affidavit. All Florida community association directors and officers must be required to attend an educational course approved by the Department of Business and Professional Regulation.”

 

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Building Bridges Through Communications

Building Bridges Through Communications

  • Posted: Oct 19, 2019
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Building Bridges Through Improved Communications

Before you can improve on something, it helps to have a clear picture of where the problems are. Take an honest look at what’s been going on between your HOA board and the association members. Perhaps you’ve already tried (several times) to connect with the members of your HOA, but it just doesn’t seem to work. They won’t listen. Or they seem to listen and then ignore what was said. The board members wonder why they can’t get anything through to the association members.

 

Search our Members Directory, Find companies working in our industry in Florida

 

What’s wrong with the bridge we already have?

add this to the article building bridges.The Bridge to Nowhere, located in Southern California was intended to connect two places, but due to flooding, the original road was re-routed and now the bridge is part of a hiking trail. However, its use as a trail is often hampered because the trail going to it washes out, leaving the bridge practically inaccessible. In building a communication bridge, consider the approach—from both sides.

Be knowledgeable and confident in your purpose for the communication in the first place. Make sure the reason is clear and easy to see. As much as possible, prepare the other end of the bridge as well. Is it evident to the association members why they need to pay attention to the board and welcome the information into their lives? And do they have a clear way to approach the board with reactions to what the board says or to express both related and unrelated concerns that are common to the community? Is the board prepared to welcome what the owners say?

Two lanes

Does your communication bridge accommodate traffic going in two directions? Help your association members be prepared to receive your communication and deliver it in a means that is relevant and relatable.

Speak the same language as the members. If you are trying to communicate an issue that the board has researched in-depth or if it is closely related to your personal interests or profession, it might be easy to slip into using jargon. If the members don’t know what you’re saying or if they think you’re being arrogant, they will likely turn you off.

Be direct

What if bridges meandered the way a scenic road up a mountain does, switching back and forth? While both engineering feats serve a purpose, that purpose is not the same and cannot be achieved by the same means. Know what you have to say and say it as concisely as possible.

Maintenance

Even the best bridges require maintenance. Potholes form; supports and structure are subject to forces of nature and friction; the vehicles using it change in size and shape. Over time, the communication bridge between the board and the association members will need attention. The people on the board and in the association fluctuate, economics change, the social environment changes, and nature can affect the physical environment too.

Monitor the use of your communication bridge and be aware of potential problems as they arise. Different communication modes are appropriate at different times. While communicating through brief, direct emails may work at times, there will be other times a regular newsletter will be necessary or maybe you can use bills posted on bulletin boards. Sometimes phone calls are more helpful and other times just keeping the bridge clear by friendly, personal communication like a “hello” when you meet at a mailbox will support more weighty business communications down the road.

Transparency

A bridge smothered in fog may be daunting to traverse. If your association members feel they can’t see what’s going on, they are less likely to approach and you’re left with a communication gap instead of a bridge. Do not shroud important details in mystery and allow members to stumble onto them. Keep relevant information easily visible and accessible.

Structure

Every part of a bridge must be structurally sound to create a safe, positive transfer from one place to another. Make sure the structure supporting your communication bridge is sound. Are you using a management company? They are an important part of your structure. Make sure they are clear on the intent of the board and that the association members know how to access both the management company and the board with their concerns.

 

 

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Working with vendors is a large part of serving on the board.

Working with vendors is a large part of serving on the board.

Working with vendors is a large part of serving on the board.

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 is important. Many people ask if its the Management Company’s responsibility to find the best vendors for the properties? Well we have found that Boards help in the selecting of the right companies. They give their suggestions to the Management companies. This way favoritism does not take place. Laws are being changed as we speak that will prevent this for Florida’s Property Management Industry.

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.

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 “ 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.

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,”. also “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 the buildings with you, its a great time for communication, Remember 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 members, almost any situation between boards and vendors can be resolved fairly.” If we are called in there are times we are the go between like a mediator does in any dispute, We get the facts, Listen to both sides and try to come to an agreement with both sides.

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 right.”

 

 

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 on https://www.sfpma.com

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,”.

I ask our 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.

State of 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.

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Again it was asked; Why our our Community need a Website? and How will it Help us?

Again it was asked; Why our our Community need a Website? and How will it Help us?

  • Posted: May 04, 2019
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Website Benefits

This question was asked of us from an association that had under 150 owner units, We informed them of some benefits that will help them with communication going forward for all owners.

  • Post meeting minutes securely online for all residents & Board review

    Every resident & Board member will always be at every meeting when you post the minutes online in a secure HOA website. Time, convenience, and information are the keys to a happy and informed neighborhood. With a Board only area as well as a place for general meeting minutes, you’ll always get the right information to the right person, group, or committee in a way that’s secure and convenient for everyone.

  • Eliminate their newsletter or Mailing, start using email bulletins

    The price of postage stamps has risen every year for over a decade, and the price of envelopes and mailers is always an unwelcoming addition to budgets of any size. Throw in the cost of gas to drive around the neighborhood placing it in boxes, or using snail mail to get out sometimes time sensitive information and before you know it, you’ve spent money, lost time, and everyone still isn’t informed. Email bulletins are quick, simple, and cost free to send 24 hours a day to residents who need to be in the know. Easily create and Email a monthly newsletter with a beautiful design, or send out individual announcements through your website.

 

 

  • Spend less time in Board/Committee meetings using Task manager

    Enjoy 24 hour access to a feature that allows Board/Committee members to vote on specific tasks, add notes or questions, and approve or deny processes online…at their convenience. How many times are communities held up on projects and important decisions because someone missed a meeting or is not in the loop? An AtHomeNet website can even facilitate live Board Only Chats and virtual meetings if need be; but the Task Manager feature can be a HOA Board’s best friend.

  • Handle financial needs with full TOPS Accounting Integration

    View, update, and handle resident accounts with the only authorized, fully supported, software integration with the nations leading Accounting software firm, TOPS. AtHomeNet websites are the only professional websites for HOAs that offer this two way integration. A major time and money saver.

  • Avoid merchant fees with FREE online dues payment

    Dodge the unwelcomed hassle that comes with paying a seemingly endless array of “processing fees” charged by any number of companies to handle your residents’ dues payments. Setting up online payments for your community is FREE, and an unprecedented convenience that once your residents have, they won’t want to live without.

  • Increase rules compliance and ARC forms management & processing

    Limited access to information can cause confusion, infractions, and dissention among residents. These situations not only are troubling for the resident, but also for the Board members who have to spend hours on the phone, or time on personal visits and sometimes costly legal battles. ARC violations are mostly caused by procedural issues or lack of resident information. Handle ARC committee request, post rules and forms, and resolve questions before they become issues using your website.

  • Get the word out immediately about activities & events

    Email bulletins, Announcements, & Events Calendar are three features that come standard with your website. As soon as a resident logs in, they can view “What’s New” since the last time they logged in. Keeping your residents in the loop no longer takes the hours of time going door to door, posting fliers, making phone calls. Send out new information to thousands of residents in minutes through your website’s dynamic informative features set.

 

 

  • Allow residents to reserve amenities 24 hours a day online

    The ability to pick a facility such as a tennis court, a clubhouse, or the golf course…see instantly what times are available, and then sign out a time, or send a request for approval to reserve a time, can be a massive time saver and convenience for every community. The Reservations feature can be tailored to list the available hours for a specific resource. This exciting feature streamlines an amenity reservations process that normally could take forever to coordinate successfully; handling it in minutes, 24 hours a day in a secure online environment.

  • Handle documents purchasing and downloads securely anytime

    Residents can access needed business, real estate, and other documents through your website and get a hold of them quickly and without the hassle of going through a 3rd party. Security is never a concern, as your website has a public and private side, so only those who you grant access to, get access to certain areas, information, and privileges.

  • Track, approve, deny, debate Board tasks through the website

    Your Board only area has a lot of great functionality. Your Board members can enjoy using the Task Manager to handle specific tasks on their schedule. Live Chat can bring to the forefront issues that need to be resolved or debated instantly in a secure venue, or facilitate virtual Board meetings. Board Only Message Board can facilitate communication and debate amongst the Board in a forum where everyone can follow an issue and everyone’s input from start to finish. A Board the communicates freely and easily, is a Board that gets things done!

  • Generate Revenue selling classified ads and banner ads

    You set the prices, you determine the website area, you collect the revenue. Local businesses and private advertisers are always looking for more exposure and to reach new customers. Your community website is a daily gathering place for hundreds to thousands of internal and external visitors and with unlimited page creation, your website can be as profitable as you want it to be.

  • Eliminate expensive costs of printing community directories

    A trip to Kinkos Fedex or for a college student at term paper time is a necessity! A trip to Kinkos or Fedex for an HOA is an unnecessary and costly inconvenience. Once your resident directory is printed, if someone leaves, someone moves in, or anyone changes their number, the directory has to be updated with possibly even more printing costs. Online resident directories let your residents share as much or as little about themselves and their contact information as they please…and updating them takes seconds of your valuable time.

  • Replace printed fliers via 24 hr a day online announcements

    If you only counted parties, socials, holiday events, and meetings, you would still spend hundreds, maybe thousands of dollars and hours of time designing eye catching fliers to post on overcrowded bulletin boards, or resident’s doors or mailboxes. Between the wind, the trashcan, and the guy who pulls it down and takes it home so he doesn’t forget, sadly many of these fliers will never be greeted by the eyes they are intended to catch. Online Announcements are yet another quick and easy solution that gets immediate results, doesn’t cost a nickel, and is totally immune to wind, rain, and snatchers.

  • Save money by listing homes for sale & other sale items FREE

    Professional listings in real estate magazines can cost hundreds of dollars, some even charging outrageous fees in a per home basis. Otherwise your homes for sale and other items such as garage sales, babysitting services, etc. are free to get lost in a sea of craigslist ads that get thousands more every day. Your Homes for Sale and Classifieds areas are dedicated to showcasing your communities’ best to those in the community, and those outside the community. Most importantly, it’s another great feature that is standard in your website and won’t cost your Association a penny regardless of how much information is listed.

  • Coordinate volunteer efforts without wasting $$$ on promotion

    Most non-profit organizations spend valuable dollars that could go to their cause just on promotion, advertising, and volunteer coordination. Your Association need not be a victim of this. Easily disseminate information, coordinate live chats securely in the website, and get the word out about event times, donations, and other charitable acts from the convenience of your laptop.

  • Post CCRS, HOA Rules, & other docs for secure 24 hr review

    Residents, Board Members, and Committee members can review all of your community’s important documents whenever they need to. Set security levels so you can decide exactly who can see what, so unwanted eyes on your sensitive documents will never be an issue. Another major time and hassle saver.

 

 

  • Instantly gauge community feelings on critical issues with Surveys

    Not sure if everyone is on board with the new procedure to replace gate cards? Perhaps you want to know if there is a holiday party at the clubhouse this year, will there even be enough residents still here to justify the costs? Using the “Surveys” feature to create and send a survey you can customize to ask exactly what you want is the best way to find out how everyone feels about any given topic or issue. Residents can only vote once, and they can answer via multiple choice or free form?.it’s totally up to you. Create a survey in minutes, and let your website do the work to tally the results so you can make the best decisions.

  • Send email bulletins & announcements on time sensitive issues

    Email Bulletins are a quick way to alert everyone in the community about an issue without having to hold any special meetings or send out an individual email to hundreds of residents. We provide new designs and themes you can choose from every month for free, which allows us to offer an outstanding catalogue of pre-designed email bulletins for your unlimited use. You can also design your own in no time at all. Using Announcements and Email bulletins in tandem means that your residents will never be in the dark about important community issues.

  • Track, approve, deny, debate Board tasks through the website

    Your Board only area has a lot of great functionality. Your Board members can enjoy using the Task Manager to handle specific tasks on their schedule. Live Chat can bring to the forefront issues that need to be resolved or debated instantly in a secure venue, or facilitate virtual Board meetings. Board Only Message Board can facilitate communication and debate amongst the Board in a forum where everyone can follow an issue and everyone’s input from start to finish. A Board the communicates freely and easily, is a Board that gets things done!

  • Cut down on calls, emails, and letters with online FAQ section

    Residents are going to have questions, lots of questions…but you community does not have the time or resources available to place a live operator on a toll free hotline 24 hours a day. Many communities share a lot of the same issues, resources, and operating procedures; so it becomes quickly obvious that questions like ‘Where can I find a copy of the CCRs” or “What is the procedure for requesting Architectural changes on my property” will be asked repeatedly. The FAQ section can be as long or as short as you want it, and updating it can be done in a matter of minutes. The more you cut down on time spent answering the same questions from different people, the more time you can spend handling other important community business.

 

 

  • Post cost free vendor job bids in your website at your leisure

    When jobs need to be completed in your community, compile them all in one easy to find 24 hour accessible online location; making it easy for those willing and able to do the work to find you, and avoiding paying for ads on various websites, newspapers, and employment services.

If you are searching for a website design company search our directory, we have the top companies to help your condo and hoa. 

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Does an HOA have to renew records for the entire community and for each homeowner

Does an HOA have to renew records for the entire community and for each homeowner

  • Posted: Jan 02, 2019
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We were asked a Question– In Broward County does an HOA have to renew our records for our entire community or just for each homeowner? 

Florida Department of Economic Opportunity

Revitalization of Expired Homeowners Association Declarations and Covenants

In 1963, the Florida Legislature enacted the Marketable Record Title Act (“the Act”), codified as Chapter 712, Florida Statutes. The Act was intended to simplify title searches by extinguishing old title defects and other recorded issues affecting title to real property after 30 years, except for certain matters (see Section 712.03, Florida Statutes – Exceptions to marketability).

An unanticipated consequence of the Act was that it extinguished the covenants of some planned communities, which suddenly found they had lost their legal authority to collect assessments and enforce the covenants. Since then, the Florida Legislature has amended the statutes to provide both a process to preserve the covenants before they are extinguished by the Act, and a process to reinstate them if they have already been extinguished or have expired.

Applicable Statutes

 

 

Revitalizing Expired / Extinguished Homeowner Association Declarations of Covenants

Chapter 720, Part III, Florida Statutes, creates a mechanism to revive / reinstate / revitalize (these terms are all used to mean the same thing) a declaration of covenants that has ceased to govern some or all of the parcels in a subdivision. Briefly, the process includes the following steps:

  1. Parcel owners within a community must create an organizing committee composed of not less than three community members.
  2. The organizing committee must prepare the declaration of covenants and, if necessary, updated governing documents for the homeowners association, which must then be approved by a majority of affected parcel owners.
  3. Next, the committee must send the proposed revived declaration and homeowners association governing documents to the Department of Economic Opportunity (DEO) at the following address:
    • Department of Economic Opportunity
    • Attn: Division of Community Development
    • 107 East Madison Street, MSC 160
    • Tallahassee, Florida 32399-4120
  4. DEO has 60 days to determine whether the documents comply with the requirements of Chapter 720, Part III, Florida Statutes, and issue a letter determination approving or denying the requested revitalization. It is not uncommon for DEO to complete its review and issue a letter approval or denial before the sixtieth day.
  5. If DEO approves the proposed revitalized declaration and homeowners association governing documents, the declaration of covenants, articles of incorporation and bylaws of the homeowners association, the DEO determination letter of approval, and a legal description of each affected parcel must be recorded with the Clerk of the Circuit Court in the county where the affected parcels are located within 30 days after the organizing committee receives DEO’s approval. The articles of incorporation must also be filed with the Department of State if they have not been previously filed. Immediately after recording, the organizing committee must provide copies of the recorded documents to the owners of all affected parcels.

Limited Role of DEO

As noted above, DEO’s role with regard to homeowners association covenants is limited to deciding whether documents proposing to revitalize expired/extinguished covenants that are submitted to DEO by an organizing committee comply with the requirements in Chapter 720, Part III, Florida Statutes. DEO has no authority to:

  • Extend the duration of homeowners association covenants that have not expired,
  • Deny approval of proposed revitalized covenants because of a dispute between a homeowners association and one or more of its members, including disputes in litigation,
  • Decide whether any of the lots in a subdivision are exempt from revitalized covenants,
  • Regulate homeowners associations,
  • Resolve complaints about homeowners associations, or
  • Provide legal advice.

If you need legal advice in connection with proposed revitalized homeowners association declarations, you may contact The Florida Bar’s Lawyer Referral Service at 1-800-342-8011, Monday through Friday, from 8:00 a.m. to 5:30 p.m. Eastern time, or through its website (The Florida Bar). The Florida Bar can provide you the names of attorneys in your area who may be able to assist you.

 

Frequently Asked Questions

What is Meant by “Verified Copies” and “Affidavits”

Part III of Chapter 720, Florida Statutes, states that “verified copies” and “affidavits” must be submitted to DEO as part of the covenant revitalization process.

Verified Copies

A “verified copy” means that someone has sworn under oath and in the presence of a notary public or other officer legally authorized to administer oaths that the copy is a true and accurate copy of the original document. When verified copies are required, a notarized letter from a member of the organizing committee or an officer of the homeowners’ association may be attached to the copies as verification that they are accurate copies. The letter should say that the person signing it verifies that the documents attached to the letter are accurate (or true and correct, or exact) copies of the original documents. If the documents are not attached to the letter, the letter must identify the specific documents to which it refers. Copies of the association’s governing documents that have been obtained from the official records of the county where the subdivision is located and have been certified as accurate by the Clerk of Court are also acceptable.

Affidavits

An “affidavit” is a written statement confirmed by the oath or affirmation of the person making it (the affiant), taken before a person having authority to administer such an oath or affirmation. In other words, it is a written statement that is signed and sworn to be true in the presence of a notary public or other official who is legally authorized to administer oaths. It must be signed by the person making it, and be signed by and bear the original stamp or seal of the notary/official.

 

How Do I Obtain Copies of My Homeowners Association Governing Documents and Covenants?

The governing documents for a subdivision and homeowners association consist of the declaration of covenants, the articles of incorporation, and the bylaws. The declaration of covenants for a subdivision is usually recorded in the Official Records of the Clerk of the Circuit Court for the county in which the subdivision is located. Copies of the Articles of Incorporation and bylaws of the homeowners association can be obtained from the Florida Department of State, Division of Corporations. Copies of the governing documents may also be obtained directly from the homeowners association.

 

Does the State of Florida Regulate Homeowners Associations?

No. Homeowners associations are required to comply with applicable Florida Statutes. However, they are not regulated by any state agency.

 

Who Handles Disputes / Complaints about Homeowners Associations?

Under Section 720.311, Florida Statutes, the Department of Business and Professional Regulation offers a dispute resolution program for some types of disputes between a homeowners association and parcel owners.

 

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Here are five holiday party ideas that are sure to please your residents

Here are five holiday party ideas that are sure to please your residents

  • Posted: Nov 25, 2018
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Want to throw a holiday party that will bring residents of your community together for a fun-filled evening?

Here are five holiday party ideas that are sure to please your residents:

 

  1. Tacky Sweater Party

While so cliché these days, hosting a tacky sweater party is a great way for residents to break the ice and start mingling with each other. The ugly holiday sweater that was once popular in the 80s is making a big come back, and residents can easily find this festive attire online or come up with their own creations. Encourage residents to channel their inner-tackiness by offering prizes for the ugliest sweaters. If hosting the party at your neighborhood clubhouse, you can spruce up your community amenities for the event with bright-colored lights, oversized holiday inflatables, and tinsel-filled trees.

 

  1. Holiday Caroling Party

Round up your neighbors to meet at the community clubhouse for hot chocolate (and perhaps a seasonal adult beverage) and holiday cookies. Once everyone arrives, head out for an evening of holiday caroling. Having several copies of sheet music on hand will be beneficial for the group. It’s also helpful if you notify neighbors ahead of time that you will be caroling in the community to ensure that you will have an audience.

 

  1. Beer Tasting Party

There’s a very good chance that residents in your community have been to a wine tasting party, but what about a beer tasting party? Craft beer is on the rise, and it seems as though there are new breweries popping up in Florida every day. Encourage your guests to make an unbiased vote on their favorite beers by concealing the beverages in brown paper bags. As the evening comes to an end, make a toast and reveal the winning beers.

 

  1. Holiday Cookie Exchange Party

A cookie exchange is a classic holiday party and provides guests with an opportunity to load up on a diverse selection of festive cookies. Ask each guest to bring two dozen cookies and copies of the recipe to trade at the party. You can choose to either ask guests to bring a separate container to collect the cookies or provide containers for the guests.

 

  1. Winter Wonderland Party

While snow is a rare site in Florida, you can still get into the holiday spirit by hosting a winter wonderland party. Choose food and beverages that correspond with the snowy theme, such as marshmallows for roasting, snow cones, cheese fondue, and a white party punch. Decorate your community amenities with an abundance of white string lights, and take the ambiance up a notch by renting a snow machine.

As you begin to plan the holiday party for your HOA community, take these five suggestions into consideration to throw a party that is sure to be a crowd pleaser.

 

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VIOLATIONS! IT’S NOTHING PERSONAL

VIOLATIONS! IT’S NOTHING PERSONAL

  • Posted: Nov 20, 2018
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VIOLATIONS! IT’S NOTHING PERSONAL

by Enrolled Agent Steven J. Weil, Ph.D., EA, LCAM, president, Royale Management Services, Inc.

We know that the first thing most owners think when they receive a violation notice is that they are being targeted and that the board or management is out to get them. Nothing could be further from the truth. The board is charged by the governing documents with oversight of association operations along with protecting the property value and enforcing the rules.

Violation notices are not personal or targeted. They are simply the means by which the association lets owners know about rule violations and gives them a chance to correct a problem.  Violation notices can be generated by a manager’s observations, board observations and even from observations by fellow owners. While you may feel as though you are the only one to receive a violation notice, this is generally not the case. The truth is that most of the violation notices can be easily remedied by simply fixing the problem or complying with the rule and letting management know the problem has been resolved.

We are often asked why we sent a violation notice instead of simply knocking on the door or calling. There are several reasons we send written notices.  The first is that while it’s easy to misinterpret what is said, and it can often turn into “he said/ she said,” a written notice clarifies what is being said and assures that there is a written record. The second is that it’s inappropriate and unsafe in this day and age for association employees, managers and/or board members to confront owners in person. The purpose of a violation is to get the problems corrected and maintain community standards while protecting the safety and quiet enjoyment of all unit owners.

The board and management know that rules can sometimes be complex, and it’s easy to make a mistake and violate the rule or misunderstand the governing documents. No one enjoys sending violation notices, and we all know that it’s upsetting to get a violation notice; but in truth correcting the problem and letting management know that you have taken action is all that is required to relegate it to history.

 

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Now That You’re Elected to the Board, Are You Aware of the Reporting Statute?

Now That You’re Elected to the Board, Are You Aware of the Reporting Statute?

  • Posted: Aug 29, 2018
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Now That You’re Elected to the Board, Are You Aware of the Reporting Statute?

Congratulations! You’ve succeeded in being elected as a member to the prestigious world of your Homeowner’s Association Board of Directors! But are you aware of the certification requirements of Fla. Stat. 720.3033 that could suspend or even end your newly “elected official” career before it’s even begun? As a newly elected Homeowner’s Association Board Member you are required to comply with the reporting requirements imposed by the Florida Legislature through the enactment of Florida Statute 720.3033 as amended on July 01, 2013 and that requires all HOA directors to verify that they are prepared and qualified to serve their respective association board in one of two ways.

The first option via §720.3033(1)(a) is that within 90 days after being elected or appointed to the board, each director shall certify in writing to the secretary of the association that he or she has read the association’s declaration of covenants, articles of incorporation, bylaws, and current written rules and policies; that he or she will work to uphold such documents and policies to the best of his or her ability; and that he or she will faithfully discharge his or her fiduciary responsibility to the association’s members.

Board Member Courses can be found on our Calendar of Events

The second option via §720.3033(1)(a) is that within 90 days after being elected or appointed to the board, in lieu of such written certification, the newly elected or appointed director may submit a certificate of having satisfactorily completed the educational curriculum administered by a division-approved education provider within 1 year before or 90 days after the date of election or appointment. Furthermore, according to §720.3033(1)(b), the written certification or educational certificate is valid for the uninterrupted tenure of the director on the board. It would behoove the newly elected or appointed board member to pay heed to this requirement because a director who does not timely file the written certification or educational certificate shall be suspended from the board until he or she complies with the requirement and the board may temporarily fill the vacancy during the period of suspension. However, as a side note, it would be prudent and diligent for the newly elected director to be familiar with and understand both their own associations governing documents and the Florida Statutes applicable to homeowner’s associations.

After you have complied with the reporting requirements of §720.3033, the association shall retain each director’s written certification or educational certificate for inspection by the members for 5 years after the director’s election. However, the failure to have the written certification or educational certificate on file does not affect the validity of any board action as provided in §720.3033(1)(c). It bears noting at this juncture that if for any reason you are removed from or surrender your position as a director prior to the termination of your elected term that you will have to re-certify upon being re-elected or appointed back on the board of directors in the same manner as your initial election or appointment.

Read other Articles for HOA Board Members

 

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Recruiting Potential HOA Board Members

Recruiting Potential HOA Board Members

  • Posted: Jun 26, 2018
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Recruiting Potential HOA Board Members

Interview qualifications a candidate must be given are communication, education, willingness and other skills necessary for a new position on the Board

One of the best ways to enhance your community and make it the best that it can be is to volunteer as a member of the HOA board. Becoming a board member can take up a lot of valuable time, but it is well worth the investment of energy and passion. At times, filling positions on the board can be a challenge because homeowners have a lot of demands on their time, but having a stable and energetic board is one of the most crucial parts of a successful homeowners association. Here are a few tips for recruiting potential HOA board members.

Appeal to the Specific Talents of Your Homeowners

Sometimes homeowners may not be getting involved in their community because they believe they do not have the right strengths or talents for the job. However, an HOA board does not simply need people who are good at accounting (although this is a very important skill for HOA boards to possess), it needs people with all manner of skills. Find people in your community who are skilled at construction, design, information technology, or gardening and appeal to their specific skill-set to help get them involved

Direct Complaints into Participatory Roles

When a homeowner expresses discontent in the way the association is being run, far from being a bad thing, these complaints are actually opportunities for wonderful, passionate residents of the community to get involved. If you find that a particular homeowner is often politely complaining, try to see if you can encourage them to get involved so that they can have an active hand in improving the community.

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