Become our Member : JOIN SFPMA TODAY   LogIn / Register: LOGIN/REGISTER

SFPMA Industry Articles | news, legal updates, events & education! 

Find Blog Articles for Florida’s Condo, HOA and the Management Industry. 

We are getting ready for this year, remember: When you keep us informed we can use this to keep the industry informed. | SFPMA

We are getting ready for this year, remember: When you keep us informed we can use this to keep the industry informed. | SFPMA

We are getting ready for this year, we offer many services for members. When you keep us informed we can use this to keep the industry informed.

We ask our members about Advertising
– In the next week we have information that will be sent directly to our members.
– Advertising includes: On our Website, On the Directory Categories, In our Email Blast and our Magazine, Florida Rising Magazine.
These when sent go out to industry professionals. Boards for Condos and HOA’s, Managers and YOU if you sign up.
Be safe and healthy
—————-
As we are reopening let your membership with us help you get in front of clients all over Florida
Here is some information about SFPMA.
What you can expect and rely upon with your membership.
We are a multi-member property management organization in the State of Florida. Expand your professional network, connect with those who work directly with Professionals in our Industry that may not necessarily know about your business.
Take advantage, meet like minded professionals and opens up opportunities for future business ventures and lifelong partnerships.
Through your Membership:
1. You are listed on the Website Members Directory. – marketed to clients all over Florida.
2. You are also listed on the Magazine Directory.- Our publication is sent each month to over 230,000+ Subscribers and Clients keeping them up to date on the the Industry.
3. Members can Write Articles, Send us Company News and Promotions we send to Thousands of Industry Professionals.
Let them get to know what you do! – Remember Send us information about your company! We will resend this out keeping everyone informed on the Services you Offer.
4. We publish many Events each month that are listed on our Upcoming Events Calendar. Licensing Become a CAM, Webinars for our industry and Board Education…..
It starts with: Membership and being listed on the Florida Directory. What we will offer You! Finding the top Companies that work in our Industry is important for Property Managers, Condo & HOA Board Members.
Happy New Year from all of us at:
~SFPMA
From Frank J Mari and Our Team.
Tags: , ,
An Association’s Response to Owners Requiring Additional Care by Becker

An Association’s Response to Owners Requiring Additional Care by Becker

  • Posted: Dec 14, 2020
  • By:
  • Comments: Comments Off on An Association’s Response to Owners Requiring Additional Care by Becker

An Association’s Response to Owners Requiring Additional Care

Robyn M. Severs | 12.11.2020
Florida Condo & HOA Law Blog

 

Some older individuals choose to live out their final years in their personal residences, alone, rather than in nursing homes or assisted-living facilities. Additionally, there are times that other individuals may experience certain mental health issues that make them unable to adequately care for themselves. Associations are often at a loss with how to assist these individuals. Plus, associations are not healthcare or mental health providers, so they are not equipped to address such matters. Instead, associations will need to request help from family, friends, or governmental entities.

Depending on the severity and facts of a particular situation, the association should attempt to contact known relatives to determine if there is someone available to assist, as it is best that the association allow the family to intervene. Associations should consider having owners complete a form that would list relatives, friends, emergency contacts, to assist in such situations. However, there are many cases where the resident does not want their family to help, where the family is unwilling or unable to help, or where the association does not know of any relative or friend of the owner. In those instances, the association may need to see if there is any governmental assistance.

The association can contact Code Enforcement if the property is in so disrepair that it is a code violation. Some counties also have Elder Helplines that could be contacted. The Florida Department of Elder Affairs has an Elder Helpline at 1-800-963-5337.

 

For issues regarding self-neglect, the Adult Protective Services, Division of the Department of Children and Family Services (DCF) Abuse Hotline can be called at (800-962-2873). They should send out an investigator to investigate and perform assessments pursuant to Chapter 415 of the Florida Statutes, which allows the state to intervene in the instance that “senior neglect” is suspected. “Neglect” is defined in Section 415.102(16), Florida Statutes as follows:

  • “Neglect” means the failure or omission on the part of the caregiver or vulnerable adult to provide the care, supervision, and services necessary to maintain the physical and mental health of the vulnerable adult, including, but not limited to, food, clothing, medicine, shelter, supervision, and medical services, which a prudent person would consider essential for the well-being of a vulnerable adult. The term “neglect” also means the failure of a caregiver or vulnerable adult to make a reasonable effort to protect a vulnerable adult from abuse, neglect, or exploitation by others. “Neglect” is repeated conduct or a single incident of carelessness which produces or could reasonably be expected to result in serious physical or psychological injury or a substantial risk of death.

Finally, local law enforcement should be contacted if the association is concerned for an owner’s safety. They can perform a “welfare check” to check on the safety or well-being of a person. Such a check could lead to involuntary commitment pursuant to the Florida Mental Health Act, also known as the Baker Act. This is occasionally a viable option when a person’s inability to care for themselves presents a danger to themselves or others.

 

If the resident refuses to accept the assistance offered by family or applicable agencies and, instead, continues to cause problems for other residents, or create hazardous conditions, the association could theoretically attempt to enforce the relevant provisions of the association’s governing documents, usually through a nuisance provision.

As you might imagine, the travails of the elderly or those with mental health issues are rarely optimal cases to take before a judge or an arbitrator. However, at least in some cases, it may be worth taking the initial steps necessary to proceed with legal action including a “cease and desist” or “opportunity to cure” letter. The association could also use the legal action as a way to get a legal guardian appointed for the owner. Perhaps the association could seek a determination from a court as to whether the association could cure the violations themselves. While this may not be an attractive option for the association, it may be the only available option.

Unfortunately, dealing with residents that need help is a difficult situation for associations with no clear answer as to how to resolve the problem. Hopefully, the above options will be able to provide some guidance and assistance.

 

Robyn M. Severs represents community association clients throughout Florida’s northeast region. She has significant experience representing and assisting condominium and homeowners associations in a wide variety of legal areas, including document review, document drafting, turnover of association control, reserve funding, and maintenance issues. Robyn also handles community association bankruptcy cases and appellate cases that include some notable decisions. Earlier in her career, she served as an Assistant Public Defender for the Tenth Judicial Circuit, and as a Senior Attorney for the Florida Department of Business and Professional Regulation, Division of Real Estate, where she prosecuted cases before the Division of Administrative Hearings, Florida Real Estate Commission and Florida Real Estate Appraisal Board. Ms. Severs is also one of only 190 attorneys statewide who is a Board Certified Specialist in Condominium and Planned Development Law.

Robyn M. Severs

Shareholder / Orlando
tel:904.423.5372
RSEVERS@beckerlawyers.com

 

Tags: , ,
Working effectively with a condo manager, what to expect.

Working effectively with a condo manager, what to expect.

  • Posted: Dec 09, 2020
  • By:
  • Comments: Comments Off on Working effectively with a condo manager, what to expect.

Working effectively with a condo manager

Boards can build positive professional relationships with their PMs in three simple steps

Whether newly elected or seasoned veterans, all board members can benefit from putting effort into developing effective working relationships with their condo manager. Building trust is critical. If all parties trust each other, they are more able to work well together and with less friction.

What are the best ways to build that trust? There are three simple steps that boards can take to strike, strengthen or maintain effective working relationships with their property managers. They start with setting a clear and positive direction for the board and management as they work together to fulfill the requirements of their respective roles.

 

1. Define roles

It’s important for those who are new to condo boards to understand the distinction between the roles of the board and management. The board is responsible for setting the corporation’s vision and direction, makes key decisions, and generally provides leadership. Management is responsible for executing that vision and carrying out day-to-day activities.

When joining a board for the first time, or starting work with a new manager, board members should arrange a time to discuss roles and responsibilities in detail. This discussion also presents a good opportunity to clear up any misconceptions and clarify areas of overlap. Experienced board members will not likely have this issue, but new board members (or directors coming from a non-professional background) may need clarification on what constitutes a normal level of involvement on their part.

In some of the largest corporations, management may operate like a business, presenting comprehensive plans to the board for review and approval. In some of the smaller corporations, management may take an interactive or team approach, giving board members the opportunity to be much more hands-on.

Overlap can be an issue if a board member is particularly “hands-on,” or to use a less flattering term, is a “micromanager.” If a board member is particularly detail-oriented, or wants to be involved in the day-to-day details of managing the condo corporation, having an open and frank discussion is all the more important to ensure everyone’s ideas are aligned.

 

2. Set clear expectations

Unstated or unclear expectations are a recipe for disappointment and frustration for both the board and property manager, so the board should clearly state its expectations upfront. All board members and condo managers draw on their own experiences and uses their own methods of working. Most are able to adjust to others’ needs, so long as they’re made aware of those needs.

Here are some topics that are worth clarifying when a new board member or property manager joins the team:

  • How often does the board expect updates from management?
  • Will business be conducted primarily in meetings, or will there be a steady flow of email and phone communication between meetings?
  • When urgent issues must be addressed between meetings, how will a decision be made while still complying with Condominium Act requirements?
  • How quickly do board members expect a response to their communications from management?
  • Conversely, how quickly are board members typically able to respond to emails? Some board members have jobs that demand much of their time during the day, while others have more flexible schedules and will be able to respond more quickly.
  • What types of problems should the board be notified about? For example, does the board want to be notified about a break-in as soon as it happens, or is it acceptable to just put it on the manager’s report and review it at the next board meeting?
  • What tools will be used, and how will they be used? Whether communicating through email or a more advanced online management system, be sure that everyone knows what is expected of him or her.

It’s also a good idea to set clear expectations at the start of any new project. Whether the condominium corporation is undertaking a hallway refurbishment, boiler replacement or even something smaller, such as an annual landscaping update, spend the time to make sure everyone is on the same page. This can be particularly helpful when a new team member is involved. Whether it’s an engineer, consultant or project manager, the new team member will appreciate knowing what the client expects.

 

3. Communicate

Defined roles and expectations set the foundation for a productive working relationship. Clear, ongoing communication is critical to its continued success. Here are four tips to help keep the relationship running smoothly:

Establish a board/management liaison role: Whether the board has three, five or even seven members, it can be difficult for the property manager to take direction from everyone at once. And if messages are conflicting, it can be all the more frustrating. Appointing a particular board member as the liaison makes communication channels clearer and communications more efficient.

Have regular check-in meetings, face-to-face if possible: This may seem like a simple step, but many people overlook it: spending some time face-to-face gives both parties the opportunity to bring up any issues that may be either difficult or uncomfortable to bring up by phone or email. Having ample opportunity to address difficult issues is important to creating an environment of open and honest communication.

Give feedback immediately: If the board feels that there is a problem, it’s not particularly useful for the property manager to hear about it months after the fact, during an annual performance review. That said, be sure to deliver any critical or constructive criticism in a private setting, rather than in front of owners or residents. And don’t forget to share positive feedback, too! Reinforcing and encouraging the right behaviours is just as important as addressing problem areas.

Conduct annual performance reviews: While performance reviews may be about as popular as a trip to the dentist, they are absolutely critical to the success of any condo. At a minimum, the board should take the time to gather feedback and have a performance conversation with the manager on an annual basis. If there are particular difficulties and challenges, then the board would be well advised to provide feedback more frequently. A common approach is to gather feedback and have one board member present it, which makes the meeting less intimidating.

Whether a board is just starting out, or trying to strengthen or repair an existing relationship, it’s important for it to take time to set clear expectations and discuss everybody’s roles and responsibilities. Once this foundation is laid, regular, ongoing communication is key to keeping operations running smoothly. And when problems inevitably occur, the continuing dialogue will encourage both board members and property managers to address minor issues before they become serious issues.

It takes time and effort for board members and their property manager to build a positive working relationship, but by completing these three steps, they have a much greater chance of success.

 

Submitted by: Brian Bosscher is the president and founder of Condo Control Central,  He can be reached by phone at 647-557-8479, or by email at brian@condocontrolcentral.com.

Tags: ,
December 8th, 9th and 10th Virtual HOA, Condo and HARASSMENT, CYBER-STALKING, DEFAMATION & SLANDER Events by Kaye Bender Rembaum

December 8th, 9th and 10th Virtual HOA, Condo and HARASSMENT, CYBER-STALKING, DEFAMATION & SLANDER Events by Kaye Bender Rembaum

  • Posted: Dec 07, 2020
  • By:
  • Comments: Comments Off on December 8th, 9th and 10th Virtual HOA, Condo and HARASSMENT, CYBER-STALKING, DEFAMATION & SLANDER Events by Kaye Bender Rembaum

Virtual:

  • HOA Board Certification Course,
  • Condo Board Certification Course and
  • Board & Property Management Seminar on  “HARASSMENT, CYBER-STALKING, DEFAMATION & SLANDER IN COMMUNITY ASSOCIATIONS” 

Virtual HOA Board Member Certification Course

WEBINAR Florida

Virtual HOA Board Member Certification Course Tuesday, December 8, 2020 from 5:30 PM – 8:00 PM

Join us for this Virtual HOA Board Certification Course taught by Emily Gannon from Kaye Bender Rembaum. We will also have a “Board Member Best Practices” presentation during the course presented by Campbell Property Management. This session is for Board Members of Homeowners Associations only – NOT Condo Associations.

Register Today

 

 

CONDOMINIUM ASSOCIATION BOARD MEMBER CERTIFICATION by Kaye Bender Rembaum

WEBINAR Florida

CONDOMINIUM ASSOCIATION BOARD MEMBER CERTIFICATION  December 9th  5:30 pm – 8:00 pm Course #: 9630075  |  Provider #: 0005092  |  2 CEs in IFM or ELE Join us for this Virtual Condo Board Certification Course taught by Allison L. Hertz from Kaye Bender Rembaum. We will also have a “Board Member Best Practices” presentation during the course presented by Campbell Property Management. This session is for Board Members of Condominium Associations only – NOT Homeowners’ Associations. Hosted by Campbell Property Management. Webinar Online

Register Today

 

 

WEBINAR- “HARASSMENT, CYBER-STALKING, DEFAMATION & SLANDER IN COMMUNITY ASSOCIATIONS”

WEBINAR Florida

WEBINAR- “HARASSMENT, CYBER-STALKING, DEFAMATION & SLANDER IN COMMUNITY ASSOCIATIONS”  December 10th  11:00 am – 12:30 pm Harassment, Cyber stalking. Defamation & Slander in Community Associations: What the $%@# Did You Say to Me? Instructor: Shawn G. Brown, Esq., BCS An informative seminar covering various forms of communication and threats in Community Associations, including Facebook, Twitter and Next Door; how it affects those directly involved, how it affects the community, and how it affects the operations of the association; and what types of communication are protected. Note that there is no CE credit for this webinar.

Register Today

 

 

 

 

 

State of Florida Property Management Associations events brings attendees from all over the State of Florida – information, insights, and expertise, where amazing relationships are formed.  Members and Clients tell us the time spent with their peers at events are invaluable.  We’d love to hear from you- for questions, comments, or ideas, Note: as of now these members events are virtual, we hope to soon have in class education events in the future.

contact:  membership@sfpma.com

 

 

Tags: , , ,
Governor DeSantis has Extended the Florida State of Emergency for 60-Days from November 3rd, 2020

Governor DeSantis has Extended the Florida State of Emergency for 60-Days from November 3rd, 2020

  • Posted: Nov 04, 2020
  • By:
  • Comments: Comments Off on Governor DeSantis has Extended the Florida State of Emergency for 60-Days from November 3rd, 2020

Governor DeSantis has Extended the Florida State of Emergency for 60-Days from November 3rd, 2020

Download the PDF: SLG-BIZHUB20110309120_nov4-2020

Below are images of the order. Please click on either image to download the Order 

 

Tags: , ,
SFPMA’s Condo & HOA Bank Statements

SFPMA’s Condo & HOA Bank Statements

Condo & HOA Bank Statements

HOA bank statements are just as they sound: a statement from the bank showing all deposits and withdraws from each association account over a certain period of time. The most effective way to prevent fraud within your community association is to keep a close eye on bank statements. Most associations have at least two accounts: an operating account for regular costs of running a community association and a reserve account for setting aside funds for future projects.

Reviewing bank statements on a regular basis is important because it is one of the few financial documents that is not prepared by the association board of directors or HOA management company. Comparing bank statements with association financial statements is a good way for other HOA members to check the accuracy of financial statements prepared by the manager and/or treasurer.

 

 

What is Included in an Condo &HOA Bank Statement

A proper bank statement should include a timeline of all deposits and withdraws into and out of association accounts. Each account should have its own statement. It is important to carefully review every transaction to prevent potential fraud. One of the most common ways fraud is committed is by “borrowing” money from a long-term reserve fund and returning the money after a time; essentially taking out a loan using association funds. This is common because of how hard it is to track. If all funds are accounted for in the long run, nobody would know unless they inspect each individual transaction.

 

Who Should Review Bank Statements

Only a few people have access to association funds. Usually, it is just the president, treasurer, and/or your property management company if you choose to use one. This leaves a lot of power in the hands of a few. If left unchecked, it could be an opportunity for fraud. It is important that all bank statements be sent to someone other than the member(s) who have the ability to write checks. That way, they can act as an impartial inspector to make sure that nothing is missing within the HOA accounts.

 

How Often Should Bank Statements Be Checked

Bank statements should be included with all other financial statements prepared at the interval as determined by your HOA whether it be monthly, quarterly, or annually. Ideally, bank statements should be checked as frequently as possible. Some banks offer online banking services that allow for 24/7 access to association account statements.

 

Need More Information

Financial management can be one of the toughest aspects of operating a successful HOA. If you are having trouble with reviewing financial documents such as HOA Bank Statements, contact the professionals at CSM. We have years of experience working with homeowner’s associations from all over the United States. Using state-of-the-art technology, we can provide financial management assistance while still allowing association directors to remain independent.

 

Tags: , , ,
Join Episode 12 of Association Operations During COVID-19. by KBRLegal

Join Episode 12 of Association Operations During COVID-19. by KBRLegal

Join Episode 12 of Association Operations During COVID-19.

by KBRLegal

Your are invited to join episode 12 of Association Operations During COVID-19.

This week’s episode will include what to expect from Phase 2.

Panelists include Jordan Goldman- Castle Group, Executive Vice President, and

attorneys Michael S. Bender & Allison L. Hertz- Kaye Bender Rembaum, P.L. – Board Certified Specialists in Condominium and Planned Development Law.

Click this link to Register

 

Tags: ,
Learn about your HOA! Get involved this year, learn the Laws and how your Board is Governing? | SFPMA

Learn about your HOA! Get involved this year, learn the Laws and how your Board is Governing? | SFPMA

Learn about your HOA:

Many owners in HOA’s all over the country are looking closer at how their homeowners associations are being Governed. Inspection of the Accounting for years was based on trust, not any more! Many Owners want to make sure the fees they pay are being used for the benefit of their hoa. SFPMA has been getting many emails stating misuse accusations, document inspections, higher fees imposed by boards and collections for owners that are not paying. Many dont know what to do or dont care?  We say you should!

Learn more…..

Here are some things you Should be looking at:

1. Learn the HOA’s rules.

You may be able to find an HOA’s CC&Rs online as well as information about what happens if you violate a rule. Make sure any online information is current. If you cannot find this information online, ask your real estate agent to acquire these documents for you or contact the HOA yourself.

Pay particular attention to rules regarding fines and whether the HOA can foreclose on your property for nonpayment of HOA dues or fines resulting from CC&R violations. Also, learn about the process for changing or adding rules, and whether HOA meetings are held at a time you will be able to attend if you wish to do so. If the rules are too restrictive, consider buying elsewhere.

(EVERY HOA SHOULD HAVE A WEBSITE: EVERY OWNER CAN SIGN IN TO AND FIND THE INFORMATION ABOUT THE ASSOCIATION, MEETINGS, ELECTIONS, BOARD MEMBER REPORTS and NOTIFICATIONS AND NEWS)

 

2. Make sure the home you want to buy is not already out of compliance with HOA rules.

Buying into an existing problem can be a headache, so find out what the rules are and whether you would have to make changes to the home to comply.

(IF A PAST OWNER HAD FEES THEY OWED THE HOA, NEW OWNERS COULD BE ON THE HOOK TO PAY THESE TO THE HOA, ASK YOUR ATTNYS AND AGENTS)

 

3. Assess environmental practices.

If environmentally friendly living is important to you, be aware that some HOAs may dictate that you use fertilizers, pesticides, sprinkler systems and whatever else it takes to keep your lawn picture-perfect. They may not allow xeriscaping (an environmentally friendly form of landscaping) and may limit the size of gardens, ban compost piles and prevent you from installing solar panels. So make sure you check the fine print first.

 

4. Consider your temperament.

Are you the type of person who hates being told what to do? If so, living in a community with an HOA may be a very frustrating experience for you. One of the major benefits of home ownership is the ability to customize and alter the property to suit your needs, but HOA rules can really interfere with this.

 

5. Find out about fees.

Fees will differ for each community. Because of this, you should make sure to ask your HOA the following questions:

  • How are HOA fee increases set?
  • How often do increases occur, and by how much have they historically been raised?
  • Can you get a printed history of HOA dues by year for the last 10 years?
  • How large is the HOA’s reserve fund?
  • Also, ask for a record of special assessments that have been made in the past and ask if any special assessments are planned for the near future. Note that economies of scale can mean that special assessments are smaller in HOAs covering large communities, higher in smaller HOAs.
  • Find out what the monthly dues cover. Will you still have to pay extra for garbage pickup? Is cable included?

Compare dues for the complex or neighborhood you are considering to the average dues in the area. Keep in mind that you will have to pay for recreational facilities whether you use them or not. Find out the hours for amenities like pools and tennis courts. Will you be around during those hours, or will you be paying for facilities you’ll never be able to use? Be aware that the HOA may have rules about how many guests can use common facilities. If guest restrictions are severe, forget about that housewarming pool party you envisioned.

(LEARN ABOUT YOUR HOA OR CONDO BEFORE YOU BUY. LEARN WHAT QUESTIONS TO ASK BOARDS AND MANAGEMENT COMPANIES BEFORE YOU BUY!)

 

6. Try to get a copy of minutes from the last meeting or sit in on an HOA meeting before you buy.

The meeting minutes can be very telling about the policies of the HOA. Some questions to ask are:

  • What are current and past conflicts?
  • What is the process for resolving any conflicts?
  • Has the HOA sued anyone? How was that resolved?

Be alert for potential drama. Power trips and petty politics can be an issue in some HOAs. Talk to some of the building’s current owners, if possible – preferably ones who are not on the HOA board and who have lived in the building for several years. Talk to the HOA president and get a sense for whether you want this person making decisions about what you can do with your property. If a private company manages the HOA, investigate it before you buy. Some HOAs are professionally managed, but it is common for associations to be managed by building residents who hold their positions as volunteers. Even if you like the current HOA board or management company, it can change after you move in and you may end up getting something totally different than what you expected.

 

7. Watch for under-management.

Not all HOAs are over-managed. The opposite problem may be an HOA where no one really cares and where no one is interested in maintaining the building, making repairs, hearing resident grievances or being on the board. Residents may simply take turns serving as HOA president or randomly appoint someone, so be prepared to serve in this role whether you want to or not if that is the case with your community’s HOA.

This would also be a good time to check into any restrictions preventing you from renting out your property or that make it difficult for you to do so. If your property is being under-managed you might not have an issue, but if you’ve got a hyperactive manager it could be a totally different story.

 

8. Find out what kind of catastrophe insurance the HOA has on the building.

This is particularly important if you’re considering a condo or townhouse purchase and you live in an area that is prone to floods, earthquakes, blizzards, fires, tornadoes, hurricanes or any other type of potential natural disaster – and that is virtually anywhere.

 

9. Consider the impact of HOA fees on your short- and long-term finances.

A condo with high HOA fees might end up costing you as much as the house you don’t think you can afford.

 

The Bottom Line

Homeowners’ associations can be your best friend when they prevent your neighbor from painting her house neon pink, but your worst enemy when they expect you to perform expensive maintenance on your home that you don’t think is necessary or impose rules that you find too restrictive. Before you purchase a property subject to HOA rules and fees, make sure you know exactly what you are getting into. Then, once you’ve found your dream community.

 

Planning for the Future

The only constant is change, and the board must plan for the HOA’s future. This involves determining long-range needs and establishing long-term goals, along with implementing a strategy to attain those goals. The board should set annual goals, as well as those for a longer time frame. Performance goals are also set by the board. SFPMA and our members can help with many of the maintenance requests for your properties.

 

 

Tags: , , ,
Governing Document Amendments In Light Of COVID-19 by Rembaum’s Association Roundup

Governing Document Amendments In Light Of COVID-19 by Rembaum’s Association Roundup

Governing Document Amendments In Light Of COVID-19

Rembaum’s Association Roundup presented by KBRLegal.com

As a result of the unexpected COVID-19 crisis and its ramifications on Florida’s community associations, there are lessons that can be learned. Early on, an unexpected issue many community associations faced was whether the board could rely on the emergency powers set out in the Florida Statutes to help protect both residents and property alike during this time of uncertainty (the “emergency power legislation”). The Condominium, Cooperative, and Homeowners’ Association Acts each provide that the board of directors is granted certain emergency powers in response to damage caused by an event for which a state of emergency is declared by the Governor. While local governments at the city and county level may similarly declare a state of emergency, the emergency powers only spring into existence upon the Governor’s issuance of an executive order declaring a state of emergency in response damage caused by event.

These emergency powers include, just to name a few, the ability to cancel and reschedule meetings, conduct such meetings with as much notice as may be practicable, levy assessments, restrict access to the property and so much more.  More specifically, Sections 718.1265 as to condominiums, 719.128 as to cooperatives, and 720.316 as to homeowners’ associations, Florida Statutes, each provide enumerated emergency  powers available to the board of directors that may be exercised “in response to damage caused by an event for which a state of emergency is declared…”. However, in light of COVID-19 pandemic the interpretation of the phrase “in response to damage caused by an event” created questions and confusion to both laymen and lawyers alike.

At issue was whether the emergency power legislation only applies to situations where there is actual property damage and/or as a result of a hurricane damage. Even if not necessarily intended for COVID-19 type situations,  to many lawyers, including this author, there was no question that the emergency powers could be utilized by board members of Florida’s community associations in response to the instant pandemic. Nevertheless, others questioned whether the emergency power legislation should apply since it was initially drafted in response to hurricane type events, and not a medical event such as the COVID-19 pandemic.

By way of background, the emergency power legislation was drafted in response to the series of hurricanes that hit Florida in 2004, however, it took the Florida Legislature approximately four years to pass them into law. A plain reading of the emergency power legislation even demonstrates that these statutes were drafted with hurricane type damage in mind, and not other disasters, such as global pandemics. But, that does not mean they cannot be applied to other situations.  In fact,  on March 27, 2020, the Florida Department of Business and Professional Regulation Division of Condominiums, Timeshares and Mobile Homes (the “Division”) issued an unexpected order that provided that the phrase “response to damage caused by an event” should not be considered when reading the emergency powers legislation. Then on May 20, 2020, the Division entered a second order explaining that its prior order would expire on June 1, 2020 which is slightly more than a month before the Governor’s state of emergency is set to expire on July 7, 2020. Without regard to whether the Division had the necessary authority to issue such orders in the first place, the result of its second order has attorneys asking, once again, does the emergency power legislation apply? While a great many lawyers experienced in the body of community association law believe so, that does not mean that a court would agree upon legal challenge. Candidly, it would be surprising if the court did not agree, but one never knows with certainty how a court will ultimately rule, most especially on issues of first impression, for which this certainly qualifies.

There is already legislative chatter about the need to revise the emergency power legislation to make it more adaptable to the different types of disasters that can occur. But, community association boards should be able to rely, right now, on the emergency powers in any situation where the Governor has declared a state of emergency where health of the members can be at issue. Even if the Florida legislature does amend the emergency powers to make it patently clear that the board may exercise its statutory  emergency powers during a declared state of emergency for a pandemic, such an amendment will take time and that could mean anything but a fast fix. So, what is an association to do to prepare for the next unanticipated state of emergency?

Well, at least in this instance it is quite likely that your association can act much more quickly to amend the community’s declaration or bylaws, than the Florida legislature can to amend the Florida Statutes.  With that in mind, the board can sponsor and the association membership can adopt an amendment to the declaration or bylaws that clarifies that the emergency powers set out in the Florida Statutes (with specific reference) apply to all states of emergency declared by the Governor to the extent the safety and welfare of the members and/or the property is at issue. In addition, or as an alternative, specific emergency powers can be drafted in the declaration or bylaws, too.

 

 

A few suggestions for consideration include:

  • During any emergency the Board may hold meetings with notice given only to those Directors with whom it is practicable to communicate, and the notice may be given in any practicable manner.  The Director, or Directors, in attendance at such a meeting shall constitute a quorum.
  • The Board may cancel, reschedule and/or postpone Board and member meetings, including the annual meeting, if necessary to protect the health and welfare of the members.
  • Corporate action taken in good faith during an emergency under this section to further the ordinary affairs of the association shall bind the Association; and shall have the rebuttable presumption of being reasonable and necessary.
  • The Board may use reserve funds to meet Association needs and may use reserve funds as collateral for Association loans.  The Board may adopt emergency assessments with such notice deemed practicable by the Board.
  • The Board may adopt emergency Rules and Regulations governing the use and occupancy of the Units, Common Elements, Limited Common Elements, and Association Property, with notice given only to those Directors with whom it is practicable to communicate.
  • Any Officer, Director, or employee of the Association acting with a reasonable belief that his actions are lawful in accordance with these emergency Bylaws shall incur no liability for doing so, except in the case of willful misconduct.
  • The Board shall act to keep all members informed of all Board actions taken pursuant to these emergency powers by U.S. Mail, closed circuit tv, social media, or email, etc. as may be practicable under the circumstances.

If your association is interested in adopting such an amendment to your association’s governing documents, please be certain to seek out competent legal counsel that has the requisite expertise in the area of community association law.

 

Jeffrey Rembaum’s, Esq. of Kaye, Bender, Rembaum attorneys at law, legal practice consists of representation of condominium, homeowner, commercial and mobile home park associations, as well as exclusive country club communities and the developers who build them. Mr. Rembaum is a Certified Specialist in Condominium and Planned Development Law.

He is the creator of ‘Rembaum’s Association Roundup’, an e-magazine devoted to the education of community association board members, managers, developers and anyone involved with Florida’s community associations.  His column appears monthly in the Florida Community Association Journal. Every year since 2012, Mr. Rembaum has been selected to the Florida Super Lawyers list and was also named Legal Elite by Florida Trends Magazine. He can be reached at 561-241-4462.

 

 

 

Tags: , , ,
community association boards completely overlook the significance of who is serving as the association’s registered agent. by Donna DiMaggio Berger

community association boards completely overlook the significance of who is serving as the association’s registered agent. by Donna DiMaggio Berger

 

Far too many community association boards completely overlook the significance of who is serving as the association’s registered agent. I’ve found associations whose registered agent is a former board member who is either deceased or who has moved away or a former law firm or lawyer who no longer represents the association.

Pursuant to Section 607.0501,F.S, the duties of a registered agent are to forward to the corporation at its official address any process, notice, or demand which is served on or received by the registered agent. If the registered agent fails in this regard, the association may miss crucial litigation deadlines as well as Code compliance hearings which can result in substantial damage to the association. Current board members and managers should also seriously consider whether they are up to the task of serving as Registered Agent as that role does come with potential liability.

 

Donna DiMaggio Berger is a Board Certified Specialist in Condominium and Planned Development Law as well as a Fellow in the College of Community Association Law a prestigious national organization which recognizes excellence and ethics in the field of community association law. Ms. Berger has counseled condominium, cooperative, timeshare, mobile home and homeowner associations throughout Florida.  Her work with these communities includes covenant enforcement, covenant amendment, contract review and drafting, collections and foreclosures, as well as advising these associations about the statutory and documentary guidelines for the daily administration of their communities.

Ms. Berger has led various advocacy initiatives working with legislators and other public policy makers on behalf of those who live, serve and work in common interest ownership communities. She has testified before the Florida Legislature regarding community association law and frequently appears on radio talk shows and in print media discussing these issues.

 

 

Tags: , , ,